STRUCTURES OF VIOLENCE

303| Structures of Violence
provided that the case was transferred to Crime
Branch, Jammu in 1995, “where from reportedly the
case has been sent to Home Department for
government sanction for launching prosecution
against the accused”. Further, it was stated that a
communication dated 25 April 2014 had been sent
from Deputy Superintendent of Police [DSP],
Kishtwar, to Senior Superintendent of Police [SSP],
Crime Branch, Jammu, to furnish the case diary and
chargesheet. On the issue of the present status of
the case, it was stated that SSP, Crime Branch,
Jammu by communication dated 25 April 2014 had
intimated that the sanction was still awaited. By
communication dated 6 february 2015 the status is
the same – the le is lying with the Crime Branch.
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 the case was under
consideration for the alleged perpetrators.
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 1 April 2010 and was awaited for the
alleged perpetrators.
It is noteworthy that it took the Jammu and Kashmir
Police and Government of Jammu and Kashmir 17
years to investigate and process the case for
acquiring sanction for prosecution under AFSPA
which apparently helped the perpetrators in evading
justice.
Further, for over two years, the Ministry of Defence
has failed to take a decision on whether to grant
sanction for prosecution under AFSPA for the
alleged perpetrators. The available documents do
not suggest that even a court-martial was
conducted in this case by the army.
Case No. 33
Victim Details
Reyaz Ahmad Bhat [Abduction, Torture and Extra-
Judicial Killing (Custodial Killing)]
Age: 21
nd
Occupation: 2 year Bachelor of Sciences student /
Assistant at a private clinic for 29 days prior to being
killed
Son of: Mohammad Rajab Bhat
Resident of: Iqbal Colony, Baramulla Town
Alleged Perpetrators
1. Major D.P.Singh [Operational name: Tiger],
15 Punjab Regiment, Army, Camp Filtration
Plant, Bagh-e-Islam
Case Information
On 24 November 1993 at around 1:00 pm Reyaz
Ahmad Bhat was picked up by Major D.P.Singh
travelling in a jeep with some other soldiers. Reyaz
Ahmad Bhat was then taken to the Filtration Plant
Camp, Bagh-e-Islam.
On the following day, the father of Reyaz Ahmad Bhat
went to the camp, police station and the ofce of the
Deputy Commissioner [DC], Baramulla. This was
because people in the area had heard cries of torture
from the camp on the night of 24November 1993.
On 25 November 1993, the head of the locality had
met Major D.P.Singh who denied Reyaz Ahmad Bhat
was with him.
Reyaz Ahmad Bhat was killed during torture and his
clothes had been found at a stream close to the
Filtration Plant Camp. The family states that the DC,
Baramulla persuaded the army to hand over the body
to the Baramulla Police Station. The family of Reyaz
Ahmad Bhat received the body on 26 November
1993. The body bore severe torture marks. The
stomach of the victim had been opened, lled with
grass, and then stitched back.
Four days after the killing of Reyaz Ahmad Bhat,
Major D.P.Singh, an unidentied Colonel and others
came to offer money to the family of the victim but this
was refused.
The family received Rs. 1,00,000 in ex-gratia
government relief and compassionate employment
under SRO-43 [Statutory Rules and Orders].
The family of Reyaz Ahmad Bhat gave a statement to
the IPTK on 30 December 2011.
First Information Report [FIR] no. 361/1993 u/s 302
[Murder], 342 [Wrongfully conning person] Ranbir
Penal Code, 1989 [RPC] was led at the Baramulla
Police Station. The 22 May 2012 communication from
the Jammu and Kashmir Police stated that the case
was under investigation. A separate RTI was led
regarding all FIRs against 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.
A letter dated 24 June 1997 to the DC, Baramulla from
the Senior Superintendent of Police [SSP],
Baramulla, conrms that Reyaz Ahmad Bhat was not
involved in any subversive activities. Previous to this
communication, a letter dated 30 April 1997 from the
SSP, Baramulla to the DC, Baramulla, refers to Reyaz
Ahmad Bhat as “innocent” and strongly recommends
that compassionate employment under SRO-43
[Statutory Rules and Orders] be provided to his family.