STRUCTURES OF VIOLENCE

288 | Structures of Violence
Case No. 20
Victim Details
Ashiq Hussain Ganai [Abduction and Extra-Judicial
Killing (Custodial Killing)]
Age: 24
Son of: Ghulam Rasool Ganai
Resident of: Dangiwacha, Raabad, Baramulla
District
Alleged Perpetrators
1. Major Ashok Kumar, 17 Jammu and Kashmir
Light Infantry [JAKLI], Army, Camp Watergam
2. Major Inder Verma, Army
3. Major Gurpal Singh, In-charge, 17 Jammu
and Kashmir Light Infantry [JAKLI], Army,
Camp Chatoosa
Case Information
On 3 March 1993, Ashiq Hussain had gone to the
mosque for morning prayers. In the meantime there
was a crackdown in Dangiwacha, which was headed
by Major Inder Verma. All the villagers were called to
the playground for an identication parade. During the
parade, Ashiq Hussain was picked up and was taken
to the Chatoosa Army Camp at Raabad, which was
then headed by Major Gurpal Singh. The entire village
witnessed the parade. Ashiq's family informed the
Police Station at Panzalla. They also went to the Army
Headquarters at Baramulla, but couldn't nd out
anything. Next, they went to the Chatoosa Army Camp
and met Major Gurpal Singh. However he refused to
give them permission to meet Ashiq. His family kept
visiting the army camp, with a hope of meeting Ashiq.
But Major Gurpal Singh refused each time.
After more than a week, Major Inder Kumar issued a
release order for the release of twelve persons, who
were in army custody. All the persons named in the
order were released, except for Ashiq Hussain, which
resulted in protests in the village. His family
approached the Deputy Commissioner's ofce and
some police ofcials as well, for his release, but all in
vain. His father also met the then Governor of Jammu
and Kashmir, but it didn't help, Ashiq was still in
custody at Chatoosa.
Four days after Ashiq's arrest, Major Gurpal Singh
raided his house and asked for ammunition. Their
house was raided again by Major Ashok Kumar of 17
JAKLI camped at Watergam, who asked all his family
members to step out of the house and then took them
to the outskirts of the village. Major Ashok Kumar told
his father that Ashiq has been relased and to sign on a
blank sheet of paper. He further said that in case he
didn't sign the papers, he would implicate his son,
Naseer in a false militancy case. Under compulsion,
Ashiq's father signed the papers. Major Ashok's men
also red in the air, to threaten Ashiq's family. The next
day, Ashiq's father reported the incident to the police
as well as the media. He was threatened by the army
ofcers in the area for pursuing the case.
Sopore College remained closed for a couple of days
th
and students protested for his release. On 12 April,
Ashiq's dead body was recovered from the Jehlum
River at Doabgarh, Sopore. After identication, the
police handed over the body to the family. They later
added that they had found injuries, and marks all over
his body. Major Gurpal Singh, was then transferred
from the area.
The family hasn't accepted any compensation but
have been pushing for the prosecution of the guilty
ofcers.
The younger brother of the victim gave the above
statement to IPTK on 27 May 2014.
First Information Report [FIR] no. 18/1993 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
15
at the Panzalla Police Station on 12 April 1993. The
22 May 2012 communication of the Jammu and
Kashmir Police stated that the case was under
investigation.
The family of Ashiq Hussain Ganai led a petition
before the High Court of Jammu and Kashmir in
16
1993 [Original Writ Petition (OWP) 1592/1993 ].
Station House Ofcer [SHO], Panzalla Police
Station, on 30 July 1996 informed the High Court
that the investigations had been completed on 7
August 1993 and the case was sent to the Jammu
and Kashmir Home Department, for obtaining
sanction for prosecution under Armed Forces
(Jammu and Kashmir) Special Powers Act, 1990
[AFSPA] from the Ministry of Defence. Later, the
Jammu and Kashmir Home Department, appears to
have forwarded the case to the Ministry of Defence
on 24 March 1995.
On 7 May 1997, the High Court was informed by the
Additional Advocate General, B.M. Sadiq, that the
case le had been sent to the Ministry of Home Affairs,
which had in turn sought a clarication from the
Jammu and Kashmir Home Department. For this
clarication, the case le had been sent to the Director
General of Police [DGP], Jammu and Kashmir. On 6
May 1998, the High Court was informed that sanction
for prosecution for Major Ashok Kumar and Major
Gurpal Singh was denied by letter dated 19 March
1997 from the Ministry of Defence.
The Union of India and Major Gurpalj Singh admitted in
their submissions to the High Court that Ashiq Hussain
Ganai was apprehended on 3 March 1993 and then
15 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.
16 Information on the petition number was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 16 February
2012. Information was provided.