STRUCTURES OF VIOLENCE

296 | Structures of Violence
was sent by Senior Superintendent of Police [SSP],
Srinagar to Deputy Inspector General of Police
[DIG], Srinagar and states that the case had been
“closed as challan” and the case diary had been
submitted to the government for accord of sanction
for launching prosecution against the accused
persons.
The family of the victims state that they did not pursue
the case. But, they received Rs. 3,00,000 ex-gratia
government relief and compassionate employment
under SRO-43 [Statutory Rules and Orders] for two
members of the family.
The family of the victims gave a statement to the IPTK
on 27 February 2012.
Despite the passage of 19 years, it appears that while
investigations have resulted in a chargesheet,
government sanction is yet to be received. Further, the
state of absolute impunity is clear as 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 but no information
was provided on this case.
Further, the IPTK sought information on 10 January
2012 on all cases of sanctions for prosecution under
AFSPA relating to the Ministry of Home Affairs
between 1990 and 2011 in Jammu and Kashmir. No
information was provided on this case.
Case No. 27
Victim Details
Sajjad Ahmad Dar [Abduction and Extra-Judicial
Killing (Custodial Killing)]
Age: 21
Occupation: Driver
Son of: Mohammad Sultan Dar
Resident of: Pandrathan, Vethpora, Srinagar
Alleged Perpetrators
t h
1. Sukhdev Singh, Lance Naik, 6 Para
Regiment, Army
th
2. Rajpal Singh, Lance Naik, 6 Para Regiment,
Army
Case Information
On 14 August 1993, Sajjad Ahmad Dar was was
driving his truck from Leh to Srinagar. On reaching
Drass Pul, he stopped his truck and he was confronted
by the alleged perpetrators. He was beaten and
abducted.
First Information Report [FIR] no.24/1993 was
registered at the Panth Drass Police Station. During
the search operations by the police, the dead body of
the victim was found. Serious injuries were noted on
the body. Sections 302 [Murder] and 34 [Common
intention] Ranbir Penal Code, 1989 [RPC] were added
to the FIR. Information on this FIR was sought through
the Jammu and Kashmir Right to Information Act, 2009
[RTI] on 15 October 2013. Further information sought
through RTI dated 14 November 2014. By
communication dated 16 December 2014 from the
Jammu and Kashmir Police a copy of the chargesheet
in the case, FIR, and information related to the case
was provided. The information provided, summarized
by the Station House Ofcer [SHO], Police Station
Drass, is that on 14 August 1993 the victim was driving
from Drass towards Srinagar when he was stopped
near the “TCP Bridge Drass” for the purpose of
registration. He was stopped by the alleged
perpetrators. The victim was then beaten by the
alleged perpetrators on the pretext of parking his truck
in a wrong way. He was then “disappeared” from there.
On 18 August 1993, the father of the victim,
Mohammad Sultan Dar, lodged a written complaint
about his missing son, and a missing report vide Daily
Diary Report number 20, dated 18 August 1993, was
entered at Police Station Drass, and during search the
dead body of the victim was recovered from the Drass
river near “Sumat Thang Drass” on 20 October 1993
with multiple grievous injuries present on the body
which were injuries of violence. The dead body was
highly decomposed as it had been under water. The
dead body of the victim was identied by his father and
Mohammad Latief Beigh, son of Asadullah Beigh,
resident of Pandrathan, Srinagar. Vide Daily Diary
Report number 15 dated 2 October 1993 on recovery
of the dead body, inquest proceedings were initiated to
ascertain the cause of death and post-mortem was
conducted. The FSL report maintained that no poisons
were detected in the exhibits. The body was recovered
in an advanced stage of decomposition, with certain
fractures. There were no signs of drowning on
chemical examination, dated 14 December 1993. The
conclusion of the cause of death was that it had been
caused not due to drowning but due to multiple fatal
injuries caused by violence and severe beating etc. On
15 December 1993, FIR no. 24/1993 was led and
inquest proceedings closed. During the course of
investigations, the case was concluded, based on
circumstantial evidence, against the two alleged
perpetrators. The chargehseet in the case was led on
15 April 1999. The alleged perpetrators were lodged in
jail only on 16 November 2003 by the orders of the
Sessions and District Judge, Kargil. However, both the
alleged perpetrators were released, following
acquittal, which was intimated by Public Prosecutor,
Sessions Court, Kargil, vide signal dated 30
September 2007.
The family of the victim led a petition before the High
Court of Jammu and Kashmir [Original Writ Petition
(OWP) 328-30/1996] for compensation of Rs.
40,00,000.
Before the court, it was submitted that following
investigations, the alleged perpetrators were found to
be involved in the crime. But, a charge sheet could not
be produced due to the non-cooperation of the army