STRUCTURES OF VIOLENCE

277| Structures of Violence
Alleged Perpetrators
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1. Kuldeep Singh, 69 Battalion Border Security
Force [BSF], Camp Naydyar
Case Information
On 30 December 1991 at about 10:00 am there was
crackdown in the area. The inhabitants of the locality
were taken out and lined up. The BSF personnel, from
the Naydyar Camp, took Mohammad Maqbool
Gachoo along with Ghulam Hassan Bhat, Showkat
Ahmad Kanu, Mohammad Ismail Guchoo,
Mohammad Yousuf Kantroo, Showkat Hussain
Kantroo, Asadullah Ashraf, Ghulam Ahmad Ashraf
and Gulzar Ahmad Ashraf. Some of the BSF
personnel remained in the area and only left at about
5:00 pm. Subsequently, some of the persons picked
up were released after having been injured in custody,
but Mohammad Maqbool Gachoo was not.
On the following day, 31 December 1991, the police
along with personnel of the BSF came to the house of
Mohammad Maqbool Gachoo. The cousin of the
victim, Mohammad Ibrahim Bhat, and his uncle,
accompanied them to the Police Control Room at
Batamaloo. Mohammad Ibrahim Bhat saw the body of
Mohammad Maqbool Gachoo in a BSF van. The dead
body of the victim bore torture marks. The body was
moved to the police car. Mohammad Ibrahim Bhat
questioned a Major of the BSF on why his cousin had
been killed. He received no answer. Subsequently,
about six days later, a Sikh person came to the house
of Mohammad Ibrahim Bhat and took him to the BSF
Headquarters where he was asked to withdraw the
FIR. He refused.
In 2011, Mohammad Ibrahim Bhat and others were
taken to a BSF Court of Inquiry at Panthachowk,
Srinagar. While Mohammad Ibrahim Bhat, and his
brother Ghulam Hassan Bhat, testied accurately on
the events of 31 December 1994, the other persons
did not. Mohammad Ibrahim Bhat states that a person
named Adil Khan, represented himself as an
advocate, and paid money to certain people to alter
their testimony. He was in fact, according to
Mohammad Ibrahim Bhat, an agent of the BSF. Adil
Khan also told Mohammad Ibrahim Bhat to withdraw
the allegations in return for nancial and employment
benets. Mohammad Ibrahim Bhat refused. The
family of Mohammad Maqbool Gachoo has no
information on who killed the victim.
The family of Mohammad Maqbool Gachoo received
Rs.1,00,000 ex-gratia government relief and
compassionate employment under SRO-43
[Statutory Rules and Orders].
The family of Mohammad Maqbool Gachoo gave a
statement to the IPTK on 27 February 2012.
First Information Report [FIR] no.75/1991 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
at the Rainawari Police Station on 31 December
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1991 . The 21 December 2011 communication from
the Jammu and Kashmir Police stated that the
investigation was closed as chargesheeted before
the court on 4 November 2009. The copy of the
incomplete chargesheet provided states it was led
on 3 November 2009. The chargesheet states that
Mohammad Maqbool Gachoo was tortured to death
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in the custody of the 69 Battalion BSF. The police
had tried to contact the BSF but they were informed
by the BSF that a BSF enquiry would take action
against the responsible perpetrator.
The Government of Jammu and Kashmir, in response
to information sought through the Jammu and
Kashmir Right to Information Act, 2009 [RTI] on
sanctions for prosecutions under the Armed Forces
(Jammu and Kashmir) Special Powers Act, 1990
[AFSPA], stated on 6 September 2011 in relation to
this case that it was sent to the Ministry of Home
Affairs on 29 August 2008 and sanction for
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prosecution of Kuldeep Singh of the 69 Battalion BSF
was awaited.
It is noteworthy that it took the Jammu and Kashmir
Police and Government of Jammu and Kashmir 17
years to investigate and process the case for
acquiring sanction for prosecution under AFSPA
which apparently helped the perpetrators in evading
justice.
The IPTK sought information on 10 January 2012 on
all inquiries and court-martials conducted by the BSF
between 1990 and 2011 in Jammu and Kashmir. No
information was provided.
Case No. 11
Victim Details
Mushtaq Ahmad Shora [Abduction, Torture and Extra-
Judicial Killing (Custodial Killing)]
Age: 34
Son of: Ghulam Nabi Shora
Resident of: Karfali Mohalla, Srinagar
Alleged Perpetrators
1. A d d i t i o n a l D i r e c t o r G e n e r a l [ A D G ]
K . K . Ve r m a , I n - c h a r g e H a r i n i w a s
Interrogation Centre, Srinagar, Central
Reserve Police Force [CRPF]
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2. Commandant K.C.Sharma, 75 Battalion
Border Security Force [BSF]
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3. Deputy Commandant Rowhat, 75 Battalion
Border Security Force [BSF]
8 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By
communication dated 21 December 2011 from the Jammu and Kashmir Police a copy of the FIR and incomplete chargesheet were
provided.