STRUCTURES OF VIOLENCE

319| Structures of Violence
Case Information
First Information Report [FIR] no.59/1994 u/s 302
[Murder] was led at Sheeri Police Station.
Information on this FIR was sought through the
Jammu and Kashmir Right to Information Act, 2009
[RTI] on 7 October 2011. Communication dated 22
May 2012 from the Jammu and Kashmir Police states
that the case was closed as not admitted. Further, that
the copy of FIR was misplaced. Further information
sought through RTI on 15 October 2013. By
communication dated 22 April 2014 from the Jammu
and Kashmir Police information was provided that the
case was closed as not admitted. But, no documents
were provided. Further information sought through
RTI dated 14 November 2014. By communication
dated 6 January 2015 information was provided that
the case was closed as not admitted on 10 May 2005.
The Government of Jammu and Kashmir, in response
to an 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 on 27
March 2001 and was awaited.
It is noteworthy that it took the Jammu and Kashmir
Police and Government of Jammu and Kashmir took
seven years to investigate and process the case for
acquiring sanction for prosecution under AFSPA
which apparently helped the perpetrators in evading
justice.
Further, 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.
Further, the available documents do not suggest that
even a court-martial was conducted in this case by the
army.
It needs to be ascertained whether the Jammu and
Kashmir Government has at all sent the case for
sanction for prosecution to the Ministry of Defence
and whether the Ministry of Defence has misplaced
the case le.
At least after the 2009 afdavit by the Ministry of
Defence which does not mention this case, the
Jammu and Kashmir Government should have
considered even re-sending the case or clarifying
when and how the case was sent.
Finally, the Jammu and Kashmir Police has
inexplicably closed the case as not admitted despite
sanction for prosecution still being awaited.
Case No. 52
Victim Details
Ghulam Nabi Dar [Abduction, Wrongful Connement]
Son of: Mohammad Ramzan Dar
Resident of: Muniwar, Islamabad
Ali Mohammad Kumar [Abduction, Torture, Extrajudicial
killing]
Resident of: Takiya Behramshah, Islamabad
Alleged Perpetrators
1. Sheikh Tahir alias Tahir Fuf, Government
Gunman [Ikhwan]
2. Masrat Bilal, Government Gunman [Ikhwan]
Case Information
In 1995, at around 05:00 pm, Ikhwan of Islamabad
came to the house of Ghulam Nabi Dar at Muniwar. By
then they had already lifted Ali Mohammad Kumar
from the village Takiya Behramshah from his Medical
shop which is 2 kms away from the village Muniwar.
Ali Mohammad Kumar was a member of Jamaat-e-
Islami. They brought him along to the house of
Ghulam Nabi Dar and arrested Ghulam Nabi as well.
There were around 20-25 Ikhwan. Ghulam Nabi could
identify Tahir Fuf and Masrat Bilal. Masrat Bilal is now
Sarpanch of the village. They blindfolded Ghulam
Nabi and took him in a vehicle.
Villagers came out of their houses and tried to stop
Ikhwan. Then the Ikhwan opened few aerial re shots
and managed to disperse the people. Both victims
were taken to Achabal and were kept there in some
house.
On the rst night Ali Mohammad was tortured. Ikhwan
had taken along another young boy, resident of
Khanabal. He too was tortured that rst night. On the
second day they were all taken to another house.
Ghulam Nabi was not tortured or beaten. He was just
forced to announce in public that he did not belong to
Jamaat-e-Islami. Both Ali Mohammad and the young
boy were tortured in a separate room so Ghulam Nabi
does not know how they were actually tortured.
Ghulam Nabi saw an Ikhwan called Liyaqat Ali Khan
as well at Achabal.
On the third day all three victims were taken to
Shehlipora, where there was a government gunman
camp headed by Nab Azad. There Tahir demanded
money from Ghulam Nabi Dar. On the same day
Masrat Bilal's father approached to the camp at
Shehlipora along with other elders of the village to
release the victims. Qazi Nisar also sent a letter to
these gunmen and recommended the release of
Ghulam Nabi Dar as he was his friend. On the same
day all the three victims were rst allowed to offer
prayers along with elders of the village. Then Ghulam
Nabi and the young boy were released from there. But
Ali Mohammad was taken back to Shehlipora and on
the same night he was killed. Next day his dead body
was found in a river.
The victim Ghulam Nabi Dar gave the above