STRUCTURES OF VIOLENCE

297| Structures of Violence
for two years. The High Court ordered Rs. 4,00,000 on
13 August 2003.
While the Jammu and Kashmir Police conrm the
involvement of the alleged perpetrators in the crime,
the army has appeared to once again ensure impunity
for its forces. First, the arrest of both alleged
perpetrators was delayed until November 2003.
Second, it appears they have been acquitted. In the
absence of the judgment of acquittal it is not possible
to comment on the acquittal itself, except that yet
another extra-judicial execution has gone
unpunished. Further, the available documents do not
suggest that even a Court-Martial was conducted in
this case by the army.
Finally, considering that trial appears to have taken
place, it is curious as to why the records no where
suggest that sanction for prosecution under Armed
Forces (Jammu and Kashmir) Special Powers Act,
1990 [AFSPA], was sought or received.
Case No. 28
Victim Details
Abdul Rashid Shah [Abduction and Extra-Judicial
Killing (Custodial Killing)]
Age: 27
Occupation: Tailor
Son of: Ghulam Nabi Shah
Resident of: Faqirwani, Qadeem, Eidgah, Baramulla
Alleged Perpetrators
th
1. Major Devinder Paul Singh, 15 Punjab
Regiment, Army, Camp Filtration Plant,
Bagh-e-Islam
Case Information
On 27 August 1993, the army personnel headed by
Major Devinder Paul Singh cordoned the whole
Faqirwani area. During the search that followed,
Abdul Rashid Shah was picked up. He was taken
along by the army to all the houses in the area while
the search operation was carried out. He was then
released.
The next day Abdul Rashid Shah was once again
taken along for search operations but he was not
released and instead taken to the Filtration Plant
Camp, Bagh-e-Islam. The family was informed that
gun shots had been heard from the camp at 11:45 am
on that day.
The body of Abdul Rashid Shah was handed over to
the Baramulla Police Station.
Following the incident, the family of the victim states
that the father of Abdul Rashid Shah was taken to the
th
15 Punjab Regiment Headquarters at Woshkoora
road three / four times and made to give his thumb
impression on certain documents.
The family of Abdul Rashid Shah received Rs.
1,00,000 ex-gratia government relief and
compassionate employment under SRO-43
[Statutory Rules and Orders].
The family of Abdul Rashid Shah gave a statement to
the IPTK on 30 December 2011.
First Information Report [FIR] no.239/1993 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
22
at the Baramulla Police Station . The
communication dated 22 May 2012 by the Jammu
and Kashmir Police stated that the case was under
investigation. 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 FIR was provided and information that sanction
for prosecution was awaited.
The Government of Jammu and Kashmir, in response
to a RTI on sanctions for prosecutions under Armed
Forces (Jammu and Kashmir) Special Powers Act,
1990 [AFSPA], stated on 6 September 2011 in relation
to this case that sanction for prosecution was sought
by letter dated 11 June 2002 and was awaited.
It is noteworthy that it took the Jammu and Kashmir
Police and Government of Jammu and Kashmir nine
years to investigate and process the case for
acquiring sanction for prosecution under AFSPA
which apparently helped the perpetrators in evading
justice.
Further, available documents from the Ministry of
Defence do not mention this case at all, thereby
suggesting that the case was never received on their
end.
The available documents do not suggest that even a
court-martial was conducted in this case by the army.
Finally, investigations need to be conducted on what
documents the father of Abdul Rashid Shah provided
his thumb impression.
Case No. 29
Victim Details
Mohammad Ashraf Najar [Abduction, Torture and
Extra-Judicial Killing (Custodial Killing)]
Age: 24
Occupation: Businessman
Son of: Mohammad Akbar Najar [deceased]
Resident of: Stadium Colony, Baramulla
22 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. A copy of
the FIR was provided by the Jammu and Kashmir Police by communication dated 22 May 2012.