STRUCTURES OF VIOLENCE

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315| Structures of Violence Alleged Perpetrators 1. Commanding Ofcer [Colonel] of Frisal camp [on 29 October 1994] 2. Captain Adjutant P. Saxena, 9 Rashtriya Ries, Frisal Camp 3. Major Gill, 9 Rashtriya Ries, Panchgam Camp Case Information On 29 October 1994, at around 9 am in the morning, there was a crackdown in the village of Liddarmad in Pulwama. The family saw around one thousand army men from the Rashtriya Ries of Freshil Camp arrive in 10-20 vehicles and surround the village. The army was accompanied by a “mukhbir” [informant] who had given the army information regarding the whereabouts of Mohammad Ismail Bhat, a militant who had joined the armed struggle in 1988 and had been active in the area for nearly three years. The brother of the victim was at his shop on the main road at the time. Following the arrival of the army, there was an announcement in the village mosque urging all the villagers to gather in the building of the primary government school wherein the men of the village were taken inside the compound of the school and the women were kept outside the school compound. There were around one thousand men from the village inside the compound along with 10-20 personnel of the Rashtriya Ries with a Kashmiri Pandit Commanding Ofcer [CO] from the Frisal Camp and Major Gill of the Panchgam Army Camp. [The family believes the Commanding Ofcer was a Kashmiri Pandit because he looked like a native Kashmiri and also spoke Kashmiri.] At the camp, the CO ordered the brother of the militant to stand up, and he did. The army personnel beat the brother of the victim and asked him for information about his militant brother to which he said that he didn't possess any such information. The father, mother and sisters of the victim were also beaten. In the meantime, 2-3 army men got the victim into the school – the victim had left his house a week earlier and the family did not know of his whereabouts. The family later came to know that the victim had been staying in the village and had tried to escape to a meadow in the area but was caught by the army and identied by the “mukhbir'. Both the brothers were taken inside the school and kept in separate rooms. However, the brother of the victim was able to look into the room where the victim was through a slight gap in the doors. The brother of the victim was stripped and, while being severely beaten, was asked to reveal the location of his guns and ammunition and ordered to hand them over. The brother of the victim was also taken to a nearby river and pushed into it while the army personnel tied his hands and tried to drown him. The brother of the victim believes that the victim was repeatedly hit with bricks, the sound of which the brother of the victim heard from the adjoining room. At around 2 pm, the victim confessed to being a militant and was taken to Hangen, Yarripora to his grandparents' house, where the victim handed over an AK-47 to the army personnel. The brother of the victim was also made to accompany the army to Yarripora; following this both were brought back to the school. At around 7 pm, the family heard 2-3 shots being red; the brother of the victim also heard this ring while at the school. At 7:30 pm, an army personnel accompanying the CO asked him if the brother of the victim was also to be shot. The next day, at 4 or 5pm, the family received the dead body of the victim from the police of the Zainapora Police Station. It had three bullet marks on the head. The family suspects that the victim had died during the 'interrogation' but was later shot so as to justify the rationale of 'cross-ring', which was the narrative employed in the First Information Report [FIR] led regarding the killing of the victim. The army tormented the family even after the killing of the victim. As a result, the family moved further into the village, far from their previous residence on the main road. They built a new house so that they would have time to escape when the armed forces approached. The brother of the victim, Mohammad Ashraf Bhat, gave the above statement to the IPTK 7 April 2015. An FIR was registered no. 142/1994 at Police Station Pulwama, with regard to the killing of Mohammad th Ismail Bhat by the 9 Battalion of the Rashtriya Ries under section 307 [Attempt to Murder] of the Ranbir Penal Code and Sections 3/25 of the Arms Act stating the date of the “cross ring” to be 30 October 1994. This FIR was led by Captain P. Saxena on behalf of the Commanding Ofcer and states that the victim was killed in an encounter. The Jammu and Kashmir Police have provided no information on the status of investigations in this case. From the statement of the witness Major Gill's role is on record. The FIR places both Captain P. Saxena and the Commanding Ofcer at the time on record as well. The witness – brother of the victim – has given a cogent, credible statement and he is an eye-witness to the torture of his brother. Therefore, the evidence exists for investigation and prosecution in this case.
316 | Structures of Violence Case No. 47 Victim Details Abdul Rashid Pachoo [Abduction, Torture and Extra- Judicial Killing (Custodial Killing)] Son of: Aziz Pachoo Resident of: Kamla Trigam, Banihal, Ramban District Alleged Perpetrators 1. Major Nagori, 17 Rashtriya Ries [RR], Army 2. Junior Commissioned Ofcer [JCO] Hukum Singh, 17 Rashtriya Ries [RR], Army Case Information The family of Abdul Rashid Pachoo states that on 27 November 1994, he was picked up by a team led by Major Nagori and JCO Hukum Singh. He was beaten for the whole day and then at 4:00 pm he was taken out and shot dead. First Information Report [FIR] no.93/1994 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at the Banihal Police Station on 28 November 41 1994 . The communication of 9 May 2012 stated that on 1 April 1997 the chargesheet was produced st in the court of Judicial Magistrate 1 Class, Banihal against Subedar Hukum Singh. On 13 May 1997 the case was transferred to the Additional Sessions Court, Ramban. It was further transferred to the Army court on 5 September 1997 as per the record of the Public Prosecutor, Sessions Court, Ramban. The further disposal of the case was still awaited from the Army court. The post-mortem report conrmed that the victim had died due to a bullet injury. According to the family of Abdul Rashid Pachoo, the transfer of the case from the civil court to the Army court is not in their knowledge. Also, because of the threats from the army the family has stopped pursuing the case. On 10 January 2012 a RTI was led to the Ministry of Defence seeking information of court of inquiries and court-martials conducted by the army in Jammu and Kashmir between 1990 and 2011. The information provided does not list the instant case. Case No. 48 Victim Details Bilal Ahmad [Extra-Judicial Killing] Son of: Ghulam Mustafa [deceased], Kulsoom Resident of: Mohalla Masjid, Bhaderwah, Doda District Alleged Perpetrators th 1. Deputy Commandant B.R. Singh, 120 Battalion Central Reserve Police Force [CRPF] th 2. Sub-Inspector [SI] Bhagwan Das, 120 Battalion Central Reserve Police Force [CRPF] t h 3. Head Constable Raghbir Singh, 120 Battalion Central Reserve Police Force [CRPF] th 4. Head Constable Isher Dass, 120 Battalion Central Reserve Police Force [CRPF] 5. Assistant Commandant [Captain] Brij th Bhushan, 120 Battalion Central Reserve Police Force [CRPF] 6. Lance Naik [Lance Corporal] Kuldeep Singh, th 120 Battalion Central Reserve Police Force [CRPF] Case Information In December 1994, Bilal Ahmad was shot dead by SI Bhagwan Das and cash/jewellery worth Rs.72,000 were taken from his house. The family of Bilal Ahmad approached the State Human Rights Commission [SHRC] on 4 June 2008 and a nal decision was delivered on 1 January 2009 and benets under SRO-199 [Statutory Rules and Orders] were recommended. The SHRC indicted SI Bhagwan Das. The SHRC relied essentially on a report of the Additional District Magistrate, Doda dated 26 August 2008 that in turn relied on a report of the Senior Superintendent of Police [SSP], Doda dated 22 August 2008, which stated that the alleged perpetrators entered the house of the victim, dragged him out, and then SI Bhagwan Das placed him against a wall and shot him. It was also stated that a chargesheet u/s 302 [Murder], 452 [House trespass after preparation for hurt/assault/wrongful restraint], 382 [Theft after preparation for causing death, hurt or restraint], 148 [Rioting armed with deadly weapon], 149 [Liablity for other members of unlawful assembly] Ranbir Penal Code, 1989 [RPC] was produced before the court on 12 November 2007. It is unclear which of the alleged perpetrators were indicted in the charge sheet. While the SHRC rightly indicted SI Bhagwan Das, it is unfortunate that it did not do the same for the other alleged perpetrators who were clearly a part of the operation. By virtue of Section 34 [Common intention] 41 Information on this FIR was sought through through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. A copy of the FIR and chargesheet produced in the case were provided by the Jammu and Kashmir Police by communication dated 9 May 2012.
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