STRUCTURES OF VIOLENCE

283| Structures of Violence
Case Information
On 13 August 1992, the victim was about to travel for
Chilla [a religious practice] for next forty days. On the
same day, the sound of a gun echoed all over the
village. The villagers heard that there were a few
militants who were hiding in the paddy elds. Soon,
Border Security Force personnel from Hajin Camp
surrounded the entire area and announced a search
operation. During this process, many civilians were
arrested and almost everyone was tortured. The
Border Security Force picked up Abdul Hameed Bhat
along with a militant named Abdul Rashid Sheikh.
They took them to an open space and tied them to a
walnut tree. In the presence of hundreds of villagers,
the Border Security Force opened gun re on both
and shot them dead. The interviewee counted around
two-dozen bullets in the body of his brother. Later on,
Sharma, a Border Security Force ofcer, tied both the
dead bodies to his vehicle and dragged them around
the whole village.
The brother of the victim, Fayaz Ahmad Bhat, gave
the above statement to the IPTK on 22 May 2015.
The witness statement is clear, and cogent evidence
is presented of the killing by the alleged perpetrator.
The allegations warrant further investigation.
Case No. 16
Victim Details
Bashir Ahmad Lone [Extra-Judicial Killing]
Occupation: Orderly, Ofce of Deputy Commissioner
[DC], Baramulla
Son of: Ramzan Lone
Resident of: Ushuru, Baramulla District
Alleged Perpetrators
rd
1. Assistant Commandant Kaanjoo Singh, 193
Battalion Border Security Force [BSF]
Case Information
First Information Report [FIR] no. 253/1992 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
11
at the Baramulla Police Station . The 22 May 2012
communication from the Jammu and Kashmir Police
stated that the case had been chargesheeted. The
chargesheet lists 13 witnesses. A separate RTI was
led regarding all FIRs against the State forces in
Jammu and Kashmir. By communication dated 25
December 2013 from the Jammu and Kashmir
Police a copy of the chargesheet and FIR was
provided and information that the case was
chargesheeted on 18 June 2000.
The FIR states that Bashir Ahmad Lone was shot
dead while performing his ofcial duties on 30
September 1992. The chargesheet states that the
victim had gone to Kanil Bagh, Baramulla to visit
Ghulam Mohi-ud-din. There he was caught and killed
by the alleged 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 sanction was awaited.
It is unclear whether the Ministry of Home Affairs
received this case for grant of sanction. But, it is clear
that there has been an inordinate delay in this case as
20 years have passed without sanction being granted
and prosecution conducted. Further, the available
documents do not suggest that even a court-martial
was conducted in this case by the BSF.
Case No. 17
Victim Details
Charan Jeet Singh [Extra-Judicial Killing]
Son of: Nanak Singh
Resident of: Jammu
Alleged Perpetrators
1. Lance Naik [Lance Corporal] A.A. Khan,
Central Reserve Police Force [CRPF]
2. Constable S.T.Kurian, Central Reserve
Police Force [CRPF]
Case Information
Tata bus no. JKE 6076 and two bicycles were
“bursted” by the CRPF and Charan Jeet Singh died
and others were injured.
First Information Report [FIR] no.102/1992 u/s 302
[Murder] was led. Information on this FIR and case
[though the details of the Police Station are not
available] was sought through the Jammu and
Kashmir Right to Information Act, 2009 [RTI] on 7
October 2011.
By communication dated 9 July 2012 from the Jammu
and Kashmir Police, information was provided in the
form of a letter dated 15 June 2012 from the Deputy
Superintendent of Police, Headquarters, Srinagar
that this FIR was scutinized in the police stations of
the Srinagar District and no case with this FIR number
was found where sanction for prosecution had been
declined.
11 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By
communication dated 22 May 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought
through RTI on 15 October 2013. By communication dated 30 November 2013 from Jammu and Kashmir Police a copy of the
chargesheet was provided. By communication dated 22 April 2014 from Jammu and Kashmir Police a copy of the chargesheet was
again provided.