STRUCTURES OF VIOLENCE

290 | Structures of Violence
On 7 April 1993, there was a mine blast at the
Batamaloo bus stand. On 8 April 1993, the adjoining
area was cordoned off and men were ordered to
gather at the bus stand. The BSF personnel present
questioned the victim and there was an argument
following which the alleged perpetrators took the
victims away in a gypsy. They were taken to Banpora,
Batamaloo to a cowshed where they were both killed.
The body of Gowhar Amin Bahadur was found at the
Police Control Room, Srinagar. The body of Gowhar
Amin Bahadur had gunshots in the head and chest.
Earlier, the family of Gowhar Amin Bahadur had heard
three gunshots.
Subsequently, when legal proceedings were ongoing,
a BSF lawyer, Bashir Ahmad Zargar, approached the
family of Gowhar Amin Bahadur and attempted to
bribe them to withdraw the case.
First Information Report [FIR] no. 74/1993 was led
at Shergari Police Station u/s 364
[Kidnapping/Abducting to murder], 302 [Murder]
17
Ranbir Penal Code, 1989 [RPC] . The FIR stated
that the victims were picked up and killed. They were
not a part of any militant organization. The FIR was
led following an application to the Chief Judicial
Magistrate [CJM], Srinagar. This case was closed by
declaring the perpetrators as untraced but then
reopened. By communication dated 22 April 2014
from the Jammu and Kashmir Police information was
provided that the investigation of the case stands
concluded as challaned and the case diary le
stands submitted for accord of government sanction
which is yet to be received. Further, communication
dated 24 September 2013 was provided. This is a
communication from the Inspector General of Police
[IGP] to the Director General of Police [DGP]
seeking sanction. The lastest status of this FIR was
claried by a communication dated 16 December
2014 from the Jammu and Kashmir police to the
Government of Jammu and Kashmir Home
Department. Alleged perpetrators 1, and 2-8 were
chargesheeted. Government sanction was sought.
But, in response to a separate RTI, it appears that
the request for sanction has not been sent to the
Ministry of Home Affairs. Instead, on 9 february 2015
the Home Department returned this le to the police
seeking clarications.
Prior to the above, FIR no. 65/1993 was led at the
Shergari Police Station u/s 3 [Licence for acquisition
and possession of re arms/ammunition]/27
[Punishment for possessing arms etc. with intent to
use them for unlawful purpose] Arms Act, 1959 and
th
TADA by the 4 Battalion BSF claiming that two
unidentied militants were killed during a cordon and
search operation by various battalions of the BSF
and some arms and ammunition were recovered
18
from the spot . This FIR was subsequently closed by
declaring the perpetrators as untraced but then
reopened. By communication dated 22 April 2014
from the Jammu and Kashmir Police information was
provided that re-investigation of the case had been
taken up and the army/BSF authorities have been
approached for providing the nominal roll of the
personnel who were performing operational duties at
Danderkhah, Batamaloo on 20 January 1995 but the
response was yet to be received and the case
continues under investigation.
The post-mortem report of 17 April 1993 conrmed
that the cause of death was multiple gunshot wounds.
A petition was led before the High Court of Jammu
and Kashmir [Original Writ Petition (OWP) 340/2003]
for the completion of investigations, cooperation of the
BSF in investigations and ex-gratia government relief.
A letter dated 11 December 2002 from the Senior
Superintendent of Police [SSP], Srinagar to the
Deputy Commissioner, Srinagar, was annexed to the
petition. This letter states that during investigations,
and based on statements of witnesses, it was
th
conrmed that the victims were abducted by the 4 and
other battalions of the BSF on 8 April 1993.
Communication had been made to the BSF to provide
the nominal roll of the BSF personnel who were
involved in the cordoning operation on that day. The
th
BSF and the Commandant of the 4 Battalion BSF
submitted objections to the petition where they stated
that twelve persons were apprehended on that day,
but the names of the victims were not listed. But, it was
also stated that two unknown militants were killed on
that day during ring, one of which may be the victims.
On 17 December 2003, the petition was dismissed for
non-prosecution of the case by the petitioners.
The family of Gowhar Amin Bahadur approached the
State Human Rights Commission [SHRC] on 21
October 2000 and a nal decision was issued on 4
October 2006. The Inspector General of Police [IGP],
Kashmir submitted a report dated 4 March 2002 which
stated that investigations, and statements of
witnesses recorded, conrmed that Gowhar Amin
th
Bahadur was abducted by the 4 Battalion BSF during
a cordon/search operation and then killed. The case
was still under investigation. The Station House
Ofcer [SHO] Batamaloo Police Station also
submitted a report stating that the Commandant of the
th
4 Battalion BSF, having been summoned, never
appeared before the Police Station. Inspector
General, BSF was also requested to submit a nominal
17 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. By
communication dated 2 June 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought
through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
18 Information on this FIR was sought through RTI on 5 May 2012. By communication dated 2 June 2012 from the Jammu and Kashmir
Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. Further information sought through
RTI dated 14 November 2014.