STRUCTURES OF VIOLENCE

298 | Structures of Violence
Alleged Perpetrators
Major Devinder Paul Singh [Operational name:
23
Tiger] ,
th
1. 15 Punjab Regiment, Army, Camp Filtration
Plant, Bagh-e-Islam
Case Information
On 25 September 1993, during a crackdown at the
Baramulla market, Mohammad Ashraf Najar was
th
picked up by the 15 Punjab Regiment, Army headed
by Major D.P.Singh. Mohammad Ashraf Najar was
taken to the Filtration Plant Camp.
The family of Mohammad Ashraf Najar approached
the personnel at the camp for the release of the victim
but they were informed that there were serious
allegations against the victim. The family states that
these allegations – linking him to the militancy – were
false.
Mohammad Ashraf Najar was released late on the
night of 28 September 1993. Mohammad Ashraf Najar
had been severely tortured, including having been
forced to drink acid and succumbed to his injuries and
his body was brought to Baramulla [having been taken
to Srinagar for treatment] on 30 September 1993.
Four days after the death of Mohammad Ashraf Najar,
his brother and father were picked up by Major
D.P.Singh, severely beaten and asked to withdraw the
First Information Report [FIR] that had been led. The
family of the victim refused to do so.
The family received Rs.1,00,000 ex-gratia
government relief and compassionate employment
under SRO-43 [Statutory Rules and Orders].
The family of the victim gave a statement to the IPTK
on 30 December 2011.
24
FIR no.295/1993 u/s 302 [Murder] Ranbir Penal
Code, 1989 [RPC] was led at the Baramulla Police
25
Station .A separate RTI was led on all FIRs against
State forces in Jammu and Kashmir. By
communication dated 25 December 2013 from
Jammu and Kashmir Police a copy of FIR was
provided and information that sanction for
prosecution was awaited. The 22 May 2012
communication from the Jammu and Kashmir Police
states that the case was closed by declaring the
perpetrators as untraced. But, contradictorily, in
response to RTI led on 15 October 2013, by
communication dated 22 April 2014 from Jammu and
Kashmir Police, informed was provided that the case
was still under investigation and therefore “closure
report” could not be provided. By communication
dated 6 January 2015 information was provided that
sanction was awaited.
The Ministry of Defence, in its afdavit before the High
Court of Jammu and Kashmir in 2009 on sanctions for
prosecution under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA], stated in
relation to this case that it was not received.
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 AFSPA, stated on 6 September
2011 in relation to this case that sanction was sought
on 28 March 1995 and was awaited.
A document from the Station House Ofcer [SHO],
Baramulla Police Station states that the victim was not
involved in any subversive activities.
Another letter from the police to the Deputy
Commissioner, Baramulla, dated 7 December 1993,
conrms that Mohammad Ashra Najar was picked up
on 25 September 1993, released on 28 September
1993, and died on 29 September 1993. The letter also
states that the victim was not involved in any militant
activities.
It needs to be ascertained whether the Jammu and
Kashmir Government has at all sent the case for
sanction for prosecution to the Ministry of Defence and
whether the Ministry of Defence has misplaced the
case le. Atleast after the 2009 afdavit by the Ministry
of Defence, the Jammu and Kashmir Government
should have considered even re-sending the case or
clarifying when and how the case was sent.
In any case, after providing this information before the
High Court of Jammu and Kashmir in 2009 and also in
1993 after the case was led against the personnel of
the army the Ministry of Defence seems to have cared
very little about the Jammu and Kashmir Police
investigations or in instituting a process for delivering
justice.
The available documents do not suggest that even a
court-martial was conducted in this case by the army.
Finally, the Jammu and Kashmir has inexplicably
closed the case by declaring the perpetrators as
untraced despite sanction for prosecution still being
awaited.
23 This alleged perpetrator appears to be the same as the alleged perpetrator listed in case no.87 and his full name would then be:
Devinder Paul Singh.
24 The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under the
Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], and 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 AFSPA, on
6 September 2011, incorrectly state the FIR no. to be 259/1993.
25 Information on this FIR was sought through RTI on 5 May 2012. 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. Further information sought through
RTI dated 14 November 2014.