STRUCTURES OF VIOLENCE

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317| Structures of Violence Ranbir Penal Code, 1989 [RPC] all the alleged perpetrators would be implicated in the crime as they were closely involved in the operation. Further, the IPTK sought information on 10 January 2012 on all inquiries and Court-Martials conducted by the CRPF between 1990 and 2011 in Jammu and Kashmir. No information was provided. The IPTK also sought information on 10 January 2012 on all cases of sanctions for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA] relating to the Ministry of Home Affairs between 1990 and 2011 in Jammu and Kashmir. No information was provided. Case No. 49 Victim Details Khazir Mohammad Akhoon [Abduction and Extra- Judicial Killing] Occupation: Driver Son of: Lala Akhoon Resident of: Wethpora, Srinagar Alleged Perpetrators nd th 1. 2 Lieutenant N. Vidya Sagar, 125 Battalion Jammu and Kashmir Light Infantry [JAKLI], Army Case Information On 14/15 December 1994 Khazir Mohammad Akhoon was arrested and his bullet ridden dead body was found on 15 December 1994. Khazir Mohammad Akhoon had been dragged out of his house. After half an hour, his brother and his family heard gun shots from a nearby newly constructed school building. As it was during the night, no one went out to check. They waited for the morning. In the morning they saw that in the building there was blood and clothes at various places. The family believes there was some personal animosity behind the abduction. First Information Report [FIR] no. 384/1994 u/s 364 [Kidnapping / Abducting to murder], 354 [Assault / Criminal force to a woman with intent to outrage modesty], 457, 307 [Attempt to murder], 427 [Mischief causing damage of Rs.50 and upwards], 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at the Sadder Police Station, Srinagar on 15 42 December 1994 . The 21 December 2011 communication of the Jammu and Kashmir Police stated that the case was registered on 15 December 1994 on a written report lodged by Abdul Rashid Akhoon, son of Lal Akhoon, resident of Wethpora, Srinagar, that personnel of the th 125 Bn JAKLI during the night of 14/15 December 1994 picked up the victim and on 15 December 1994 his bullet ridden dead body was found near the premises of a nearby school. Investigation was closed as chargesheeted and sanction for prosecution under Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA] was sought. By communication dated 30 November 2013 from the Jammu and Kashmir Police it was stated that the case still under investigation. The same information is provided by communication dated 22 April 2014 from the Jammu and Kashmir Police. In addition, an unclear communication dated 16 July 1996, from Sub- Divisional Police Ofcer [SDPO], Sadder, to Superintendent of Police, City South, Srinagar, was provided. This communication appears to be an enquiry into the status of sanction. The Government of Jammu and Kashmir, in response to an RTI on sanctions for prosecutions under AFSPA, stated on 6 September 2011 in relation to this case that sanction for prosecution was sought on 5 December 1995 and was awaited. In this document the unit involved is listed as “125 (TA)”. The 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. If received, the Ministry of Defence has taken sixteen years to process the grant or decline of sanction. Further, the available documents do not suggest that a court-martial was conducted in this case by the army. If, as the family of Khazir Mohammad Akhoon believes, the victim's killing was a result of personal animosity, the conduct of the Ministry of Defence suggests that even crimes committed by armed forces personnel outside their ofcial duty continue to be shielded by AFSPA. Case No. 50 Victim Details 1. Muktha Sheikh [Abduction, Torture and Extra-Judicial Killing] Age: 45 Occupation: Tea stall owner Son of: Abdul Samad Sheikh Resident of: Sheikh Mohalla, Barnate, Uri, Baramulla District 2. Sultan Sheikh [Abduction, Torture and Extra- Judicial Killing] Son of: Subhan Sheikh Resident of: Sheikh Mohalla, Barnate, Uri, Baramulla District 42 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 a Jammu and Kashmir Police communication dated 21 December 2011. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
318 | Structures of Violence Alleged Perpetrators th 1. Captain Athal Prashad, 5 Rajputana Ries, Army, Camp Kralchak, Barnate Case Information On 31 December 1994 at about 8:30 pm, the Captain th Prashad and other personnel from the 5 Rajput Ries came to the houses of the victims. Muktha Sheikh and Sultan Sheikh were taken to show the army personnel the way. On not being released till the following morning, the families of Muktha Sheikh and Sultan Sheikh went to the Barnate Camp and were informed by a Havaldar Jagandhar that the victims had been taken to the Rampur Brigade Headquarters and would be released soon. That same morning at about 5:45 am they family of Mukhta Sheikh had heard two gunshots. At about 3:00 pm the army camp informed the Lambardar [Numberdar, de facto revenue authority in the village] Mohammad Mir Sood that the dead body of Muktha Sheikh was at Kralchak, Barnate. The body of the victim had two bullet wounds and the body carried visible torture marks. The body of Sultan Sheikh was found 15 days later at Razarwani forests. His body had no bullet wounds but bore torture marks. The family of Mukhta Sheikh approached the police to le a FIR which was subsequently led as First Information Report no.34/1995 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] at the Boniyar 43 Police Station on 21 May 1995 . The FIR states that the victims were taken to show the way on 31 December 1994. The FIR states that the body of Mukta Sheikh was found in May 1995. This body was handed over to the Numberdar. He had been killed by a bullet. The FIR states that the body of Sultan Sheikh was found in Razarwani on 13 January 1995. Sultan Sheikh died due to severe torture. The 22 May 2012 communication from the Jammu and Kashmir Police states that the case had been closed by declaring the perpetrators as untraced. The closure report, provided on 30 November 2013, was led on 18 January 2012, where it is stated that during investigation it was found, through communication CD No. HOM/10/4224 from the Ministry of Defence on 4 August 2010, that the no person by the name of Captain Athal Prashad exists in the 5 Rajputana Ries, and that there was no search and cordon as alleged. Both families of the victims received Rs. 1,00,000 exgratia government relief but are yet to receive compassionate employment under SRO-43 [Statutory Rules and Orders] benets. The family of the victim gave a statement to the IPTK on 20 February 2012. The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], stated in relation to this case that the case had been received in September 2006 was under consideration. A letter from the Senior Superintendent of Police Baramulla, dated 12 March 2009 conrms that Muktha Sheikh was not involved in any subversive activities. Further, a letter from the Sub-District Police Ofce, Uri, dated 5 March 2009, conrms that Muktha Sheikh was killed by the army and that the case had been sent for the grant of sanction for prosecution under AFSPA. This is yet another example of the Jammu and Kashmir Police choosing to close the case by declaring the perpetrators as untraced and thereby showing absolute insensitivity for the process of prosecution and justice. Also, based on the information on record the conduct of the Jammu and Kashmir Police has been irresponsible as they themselves did not le the FIR but only did so after the persuasion of the family, ve months after the incident. Also, noteworthy is that it took the police and Government of Jammu and Kashmir 11 years to investigate and process the case for acquiring sanction for prosecution under AFSPA which apparently helped the perpetrators in evading justice. The issue of whether Captain Athal Prashad existed in the 5 Rajputana Ries would require further enquiry. As per law, the police should have led the closure report before a competent court who in turn would have enquired on this question, and sought further records from the Ministry of Defence. Further, the court would normally have dismissed the suggestion that no search and cordon took place based on available witness testimony which would presumably have formed a part of the police record. Case No. 51 Victim Details Mohammad Ismil Khan [Extra-Judicial Killing] Son of: Inayatullah Khan Resident of: Kawder Sheeri, Baramulla District Alleged Perpetrators 1. Major Sunil Jadhv, 3 Rashtriya Ries [RR], Army 43 Information on this FIR was sought through RTI on 7 October 2011. By letter dated 22 May 2012, a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. By communication dated 30 November 2013 from Jammu and Kashmir Police a copy of the closure report was provided. By communication dated 22 April 2014, documents including the closure report and FIR were once again provided.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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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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CHAPTER 4: ALLEGED PERPETRATORS - A
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