STRUCTURES OF VIOLENCE

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.