STRUCTURES OF VIOLENCE

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311| Structures of Violence On 30 January 1994 Mohammad Raq Shah was th arrested by the 7 Battalion BSF at the Nawa Kadal main market, Srinagar. The family of Mohammad Raq Shah led a report at the Safakadal Police Station. Subsequently, Mohammad Raq Shah was brought to his residence on a raid with his head covered. The mother of Mohammad Raq Shah met him at the Hariniwas Interrogation Centre on six occasions [17 February 1994, 24 February 1994, 28 February 1994, 2 March 1994, 2 April 1994, 22 October 1994]. The father of Mohammad Raq Shah met him at Tatoo Ground Army Garrison and at another BSF Camp based at Mamta Hotel, Dalgate, Srinagar. But, after October 1994 the family was not allowed any further meetings. On 17 November 1994 the victim's dead body was recovered from the Dal lake. Commanding Ofcer Sharma threatened the family if they pursued the case. The family of the victim gave a statement to the IPTK on 26 February 2012. The post-mortem report of 20 November 1994 for Mohammad Raq Shah states that ropes were tied all over his body. Further, fractures on the body were also noted. The conclusion was that the victim had been strangulated to death. First Information Report [FIR] no.182/1994 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at the Ram Munshi Bagh Police Station on 21 35 December 1994 . The communication dated 2 June 2012 provided a nal report from the Ram Munshi Bagh Police Station that states that investigations were carried out in which the father of the Mohammad Raq Shah stated that the victim had been lifted by BSF personnel from Nawakadal, but the brother of the Mohammad Raq Shah stated that the victim was been abducted by unknown gunmen from Lal Chowk. The “BSF Para 2” was contacted, no response was received, and therefore the case was closed on 26 August 2006. On 25 June 1999 the Safakadal Police Station conrmed that a report had been led by the family of Mohammad Raq Shah after he had been picked up. Further, that the victim was not related to any militancy activities. A similar comment was also made by the police station in its letter of 8 May 2001. The Senior Superintendent of Police [SSP], Srinagar also conrmed the same in a letter dated 24 August 2001. But, it must be noted that the 8 May 2001 and 24 August 2001 letters refer to the dead body of Mohammad Raq Shah as having been found on 21 December 1994. A petition was led before the High Court of Jammu and Kashmir [Original Writ Petition (OWP) 432/1997] seeking compensation of Rs. 25,000,00, ex-gratia government relief, compassionate employment under SRO-43 [Statutory Rules and Orders] benets, and conclusion of investigations in the case and prosecution of all persons responsible. The Government of Jammu and Kashmir of Jammu and Kashmir, Divisional Commissioner, Kashmir, and Station House Ofcers's [SHO] of Police Station's Ram Munshi Bagh and Safakadal jointly responded to the petition. It was stated that on 14 January 1995, the mother of the victim informed the investigating ofcer in the case that her son had been abducted by a BSF Inspector named Chaman Lal alias Kalia. The investigation was transferred to SHO Ram Bagh Police Station who closed the case as untraced on 26 August 1998 [though at another point this date is entered as 26 August 1996] based on the fact that Forensic Science Laboratory [FSL] Jammu revealed that the photograph of the dead body did not match with the photograph provided by the mother of Mohammad Raq Shah. The photograph of the dead body was that of a minor whereas the one submitted by the mother of the victim was that of an adult. The Union of India, the BSF and the Commandant of th 7 Battalion, BSF responded jointly. It was stated that the unit of the answering respondent was inducted in the Kashmir valley in May 1994. Therefore, the arrest of Mohammad Raq Shah could not have been carried out by them. Further, it was also stated that Commanding Ofcer Sharma was now deceased. On 19 July 2007, the petition was dismissed for 36 want of prosecution . The family of Mohammad Raq Shah received the ex-gratia government relief and compassionate employment under SRO-43 [Statutory Rules and Orders] benets. FIR no.182/1994 was led by the Jammu and Kashmir Police more than a month after the death of Mohammad Raq Shah, which the FIR itself notes to have been on 17 November 1994. Strangely, the letters on record of 8 May 2001 and 24 August 2001 by the Jammu and Kashmir Police contradict the date of death of Mohammad Raq Shah by placing it on 21 December 1994. The contradictions of the Jammu and Kashmir Police continue with regard to the date of closure of the case. Three separate dates are provided: 26 August 1998 and 26 August 1996 before the High Court, and 26 August 2006 in response to the RTI by communication dated 2 June 2012. 35 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 a copy of the FIR was provided. 36 Information on the petition numbers was sought through RTI on 16 February 2012. Information was received.
312 | Structures of Violence The non-seriousness of the Jammu and Kashmir Police can be further gauged by the fact that, according to the documentation provided with the 2 June 2012 communication, they were communicating with the “BSF Para 2” which did not appear to have any direct relationship with the case. Further, following non-cooperation from the “BSF Para 2”, a non-entity in the case, the Jammu and Kashmir Police chose to mechanically close investigations rather than aggressively seek the necessary cooperation for the conclusion of investigations. The response of BSF before the High Court that Commanding Ofcer Sharma died on16 April 1996 does not take away from the culpability of other th personnel of the 7 Battalion BSF responsible for the abduction, torture and killing of Mohammad Raq Shah. It is unimaginable that Commanding Ofcer Sharma would have executed this crime alone. Case No. 43 Victim Details Ghulam Rasool Bhat [Extra-Judicial Killing] Son of: Habib Bhat Resident of: Wanpora, Gurez Alleged Perpetrators 1. Assistant Commandant [DSP] Mohinder rd Singh, 33 Battalion Border Security Force [BSF], Camp Madder rd 2. Havaldar Kasturi Lal, 33 Battalion Border Security Force [BSF], Camp Madder Case Information First Information Report [FIR] no.101/1994 u/s 302 [Murder] was led at the Bandipora Police Station on 37 3 August 1994 . By communication dated 9 July 2012 from the Jammu and Kashmir Police information was provided that this case was closed as not admitted. Further, a copy of the FIR and chargesheet were provided. By communication dated 20 November 2013 from Jammu and Kashmir Police it was stated that the case was closed as not admitted on 10 August 2009, but a nal report was not submitted before a court. The FIR states that at about 4:00 pm on 2 August 1994 a BSF party headed by a DSP stopped a bus and began checking it. The people in the bus were made to disembark. Ghulam Rasool Bhat was picked up and taken to Camp Madder and then to Sheikhpora where he was shot dead. Ghulam Rasool Bhat had also been tortured. 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 the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], stated on 6 September 2011 in relation to this case that sanction was sought for the alleged perpetrators from the Ministry of Home Affairs but was declined on 21 February 2008. It is noteworthy that it took the Jammu and Kashmir Police, Government of Jammu and Kashmir and Ministry of Home Affairs 14 years to investigate and process the case for acquiring sanction for prosecution under AFSPA which apparently helped the perpetrators in evading justice. 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. No information was provided. Case No. 44 Victim Details Mohammad Amin Bhat [Extra-Judicial Killing] Age: 22 Occupation: Surrendered militant 38 Son of: Abdul Rahim Bhat Resident of: Bhat Mohalla, Sangri Colony, Baramulla Alleged Perpetrators 1. Subedar Gurnam Singh [Operational name: th Tiger], 15 Punjab Regiment, Army, Baramulla Camp Case Information On 5 September 1994, Mohammad Amin Bhat was at his uncle, Mohammad Maqbool Bhat's house which was also in the Sangri Colony area. At about 4:30 am the army cordoned the entire area. They entered into the residence of Mohammad Maqbool Bhat and abducted Mohammad Amin Bhat. Then, at about 5:30 am gunshots were heard by the family of Mohammad Amin Bhat. Mohammad Amin Bhat had been arrested along with other people, including some of his relatives. They had been taken to the Kari Chamb hilltop, about 500 metres away from the residence of the victim. Some of the persons arrested along with Mohammad Amin Bhat conrmed that he had been shot dead. The family of Mohammad Amin Bhat states that Subedar Gurnam Singh was responsible for the killing. The family of the victim believes that the reason for the 37 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. Further information sought through RTI on 15 October 2013. 38 The Government of Jammu and Kashmir, in response to information sought under the Jammu and Kashmir Right to Information Act, 2009 [RTI] on sanctions for prosecutions under Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], stated on 6 September 2011 that the name of the father of the victim was Abdul Ahad Bhat. The family states that this is incorrect information.
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STRUCTURES OF VIOLENCE THE INDIAN S
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THE MAP OF SOPORE MASSACRE 6 JANUAR
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114 CHAPTER 3: COURTS OF VIOLENCE I
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