STRUCTURES OF VIOLENCE

324 | Structures of Violence
the victim started reciting Quran. After a few hours, the
Ikhwans left and Ghulam Hassan Dar's son who was
hiding under the ladder came out, he found his father
dead, having received ve bullets. His mother took his
injured sister to the hospital. They carried Ghulam
Hassan Dar's body to perform the last ritual and buried
him in the local graveyard.
The son of the victim, Mehraj-ud-din Dar, gave the
above statement to the IPTK on 5 June 2015.
In addition to the above statement, the brother of the
victim, Zahoor Ahmad Dar, gave the below statement
to the IPTK on 12 June 2015.
The entire Dar family was present in the house when
Ikhwan Mohammad Sultan Dar entered and
announced that Ikhwans had summoned Noor
Mohammad Dar and Fayaz Ahmad Dar.They were
taken outside the village to a place named Kach. As
soon as they reached, the Ikhwans shot and killed
them.
After a few hours, Ikhwans named Ghulam Hassan
Rahil, Saddam, Mohammad Sultan Dar and Manzoor
Ahmad Dar entered the village and allowed the family
to collect the dead body and perform the nal rituals.
They were buried in their local graveyard.
The witness statements are clear, and cogent
evidence is presented of the killing of the three
victims. The allegations warrant further investigation.
Farooq Ahmad, Ikhwan, has not been listed as an
alleged perpetrator as he appears to have refused to
shoot Ghulam Hassan Dar. But, his responsibility for
the other killings, and even in the killing of the victim,
would require further investigations.
Case No. 57
Victim Details
Sonaullah Malik [Abduction and Extra-Judicial Killing
(Custodial Killing)]
Occupation: Farmer
Son of: Ghulam Qadir Malik
Resident of: Zum Zum Pora, Zandfaran, Sheeri,
Baramulla District
Alleged Perpetrators
1. Major Chinapa, 28 Rashtriya Ries [RR],
Army, Camp Heewan, Baramulla
2. Major Achariya, 28 Rashtriya Ries [RR],
Army, Camp Heewan, Baramulla
3. Mohammad Aslam, Company Havaldar Major
[CHM] 28 Rashtriya Ries [RR], Army, Camp
Heewan, Baramulla
4. Major P.S. Lamba, 28 Rashtriya Ries [RR],
Army, Camp Heewan, Baramulla
Case Information
Sonaullah Malik was a surrendered militant and was
working as a farmer. On 12 May 1995, Sonaullah Malik
was produced before the alleged perpetrators in the
presence of the Lambardar [Numberdar, de facto
revenue authority in the village] Amma Malik and a
chowkidar [guard] Muhammad Suliman Malik.
Subsequently, on the following day, the Lambardar
and Chowkidar were informed that Sonaullah Malik
was killed and his body was lying at Nowshahra,
Baramulla. His body was handed over to the Boniyar
Police Station.
The family of Sonaullah Malik also states that during
the search for the victim, his brother, Abdul Aziz, was
tortured and lost his eye-sight.
Two rst information report's [FIR] have been lodged
in this case. One, from the army, FIR no. 32/1995 at
Boniyar Police Station that states that the victim died
47
in counter insurgency . By communication dated 22
April 2014 from the Jammu and Kashmir Police a
copy of the FIR, investigation related documents and
rst nal report – led in 2001 - were provided. But,
also provided was a communication from the police
dated 26 June 2004 which ordered a re-opening of
the case. Second FIR from the family of the victim,
FIR no. 42/1995 at Sheeri Police Station u/s 302
48
[Murder] Ranbir Penal Code, 1989 [RPC] . By
communication dated 22 April 2014 from the Jammu
and Kashmir Police information was provided that
the case had been closed by declaring the
perpetrators as untraced. Further, a copy of the FIR
was provided. But, by communication dated 6
January 2015 information is provided that the
sanction in this case was declined. The decline of
sanction letter was also provided.
A petition was led before the High Court of Jammu
and Kashmir [Original Writ Petition (OWP) 23/2006]
49
for prosecuting the ofcials responsible . The Union
of India and Commandant Major Achariya and CHM
Mohammad Aslam led a response before the High
Court and alleged that Sonaullah Malik was a
militant, had been killed in an encounter with the 28
RR on 14 and 15 May 1995 and that the FIR
42/1995 was led under coercion of the then Station
House Ofcer [SHO] Sheeri Police Station, based on
an afdavit by the Lambardar and Chowkidar
[Village guard] that states this. But, the family of the
47 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information
was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November
2014.
48 Information on this FIR was sought through RTI on 7 October 2011. By communication dated 22 May 2012 from the Jammu and
Kashmir Police it was stated that the case was closed declaring the perpetrators as untraced. Further, that the FIR itself was not
traceable. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November
2014.
49 Information on the petition number was sought through RTI on 16 February 2012. Information was provided.