STRUCTURES OF VIOLENCE

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339| Structures of Violence allowed to meet them. They met the Station House Ofcer [SHO] Ashraf Karnai [Mohamamd Ashraf Mir from Karna. He was Deputy Superintendent of Police in 2008]. He was SHO of Police Station Uri. The army brought the abducted back and handed them over to Police Station Uri and they conrmed that they were not involved in any militancy. The father of the witness was in very bad shape and could not walk. This took place in October sometime. Then, once again the personnel of 4 Sikh LI took four of them. The father of the witness was not taken as he was in poor shape. They were taken to Baz Post which is 12 km from Ghati post. They were taken walking and brought back in car. They were told at the Baz post that they would have to come and register their attendance every alternate day for about 20 days. But, two days later, the army came again and this time picked up all ve of them. They were taken in the evening at about 4 pm, kept for the night at the Baz post. They were not tortured. They were left again in the morning. Then, Ghulam Hassan and Syed Hussain left the village. The three victims decided not to since they felt they had not done anything wrong. The alternate day in the evening they were once again picked up. This was the last time and they were then killed. The witness went to the Ghati post the next day when they did not return. The personnel there said don't worry. They did not allow him to go to Baz post. But, subsequently, he saw SHO Ashraf, his personnel, accompanying the army up towards Baz post. In the evening, at 5 pm, the dead bodies were returned to some 5 people of the village and they were told by the police and army to accept the bodies or they would be thrown in the river. All the family members of the victim had now come out. The Sikh LI personnel and SHO Ashraf were present there itself. The army version is that they were released and then they exploded in an IED blast [as stated in the FIR – 150/1995 at Uri Police Station. Further information on this FIR was sought through RTI dated 15 July 2015].Clearly they had been blasted as parts of their bodies were missing. But, the family believes they were killed in custody before. The FIR led is only under the Explosives and Substance act. The three of them were then buried in one grave. Two days later they went to the Uri police station. SHO Ashraf said he got the bodies and he handed them over and that was it. Other people informed the family that they had been taken to a bunker, put inside and the army had then itself activated the explosive device and killed them. The family did a dharna at the Baramulla DC ofce as well. After this the witness left for Delhi and came back after three years. The families received Rs. 1 lakh ex-gratia relief each but no Statutory Rules and Orders [SRO43][compassionate employment] appointment. There used to be a Havaldar incharge of Ghati Post, a JCO Subedar named Makhan Singh, and Sarmukh Singh, Havaldar at Baz Post. Sarmukh Singh is the one who came and picked up the victims from home the last time. Captain Manjeet (Ghatak) and a renowned tortured named Dadu were at Kanari Camp. But the incharge was Colonel Chauhan. The witness heard that Manjeet had died later. In addition to the above, the witness Muneer Hussain led a petition – OWP 1166/2015 – before the High Court of Jammu and Kashmir. Objections were led by the army where they stated that 4 Sikh Light Infantry was deployed in Uri sector from August 1994 to October 1996. Further that the victims were put to death by “terrorists”. The army denies picking up the victims. The case remains pending in the High Court. Most crucial in this case is the eye-witness testimony. The allegations warrant further investigations. Case No. 75 Victim Details Abdul Aziz Bhat [Abduction, Extra-judicial killing] Age: 47 Occupation: Tailor Son of: Abdul Razaq Bhat Resident of: Tulmulla, Ganderbal district Alleged Perpetrators 1. Rashid Kanbay, Commander, Government Gunman [Ikhwan], Hakeem Gund Ikhwan camp 2. Bashir Khanday, Government Gunman [Ikhwan] 3. Raheem Kachur, Government Gunman [Ikhwan] 4. M o m e I k h w a n , G o v e r n m e n t Gunman [Ikhwan] 5. Fayaz, Government Gunman [Ikhwan] 6. L a s a Tu l m u l l a , G o v e r n m e n t Gunman [Ikhwan] 7. Tariq Gada, Government Gunman [Ikhwan] Case Information Abdul Aziz Bhat was a member of the Jamaat-e- Islami. On 2 December 1995, the victim was coming out from a Masjid after prayers when some Ikhwans, who were in a mini bus, picked him up. Many shopkeepers of the area witnessed the incident. The alleged perpetrators named above abducted the victim. The family searched for him in the Wakura, Ikhwan Camp, Safapora Ikhwan Camp and Hakeem Gund Ikhwan Camp, 8 kilometers away from their home. Then the family came to know that he was in Hakeem
340 | Structures of Violence Gund Ikhwan Camp and they approached Kuka Parray, who was the head of Ikhwans. There the son and uncle of the victim got a letter for the release of the victim. When they went to Hakeem Gund Ikhwan Camp, they handed over the letter to Rashid Kanbay, who was group commander at that time. He refused and said, “I don't want this letter, I want money”. The family gave him Rs. 30000 but came to know that the victim had been killed and his body was found in Chanduna, near the Jammu and Kashmir Bank. When the son and uncle saw his body, it was full of bullets – one was lodged in the left side of chest. A woman who was from Tulmullah, Ganderbal, recognized the body. The Ikhwans responsible for the killing are still alive. The son of the victim, Bashir Ahmad Bhat, gave the above statement to the IPTK on 28 April 2015. The witness statement is clear, and cogent evidence is presented of the killing of the victim. The allegations warrant further investigation. Case No. 76 Victim Details 1. Fazal Hussain Dar [Extra-Judicial Killing] Occupation: Senior Inspector, Cooperative Bank, Doda Spouse: Nazira Begum Resident of: Malni Pranu, Bhaderwah, Doda District 2. Fareed Hussain Dar [Extra-Judicial Killing] Son of: Fazal Hussain Dar, Nazira Begum Resident of: Malni Pranu, Bhaderwah, Doda District 3. Mohammad Hussain Lone [Extra-Judicial Killing] Occupation: Farmer Spouse: Shaheena Begum Resident of: Malni Pranu, Bhaderwah, Doda District 4. Talib Hussain Lone [Abduction] Son of: Ghulam Nabi Lone Resident of: Malni Pranu, Bhaderwah, Doda District Alleged Perpetrators 1. Deputy Inspector General [DIG], Kuldeep Khoda, Udhampur-Doda Range [as of 31 May 2012 ex-Director General of Police [DGP], Jammu and Kashmir] 2. Mohammad Ashraf, Special Police Ofcer [SPO] and Village Defence Committee [VDC] head 3. Abdul Sattar, associate of SPO Mohammad Ashraf 4. Tariq Hussain, associate of SPO Mohammad Ashraf Case Information The victims were abducted on 3 January 1996. Fazal Hussain Dar, Fareed Hussain Dar and Mohammad Hussain Lone were shot dead but their bodies were not found. Talib Hussain Lone managed to escape. First Information Report [FIR] no. 7/1996 u/s 306 [Abetting suicide], 307 [Attempt to murder], 364 [Kidnapping/Abducting to murder], 201 [Causing disappearance of evidence/giving false information] Ranbir Penal Code, 1989 [RPC] was led at the Bhaderwah Police Station on 3 January 1996. On 8 April 1996, the family of Fazal Hussain Dar approached the National Human Rights Commission [NHRC]. On 10 March 1997, the family of Fazal Hussain Dar requested the Chief Minister, Jammu and Kashmir to hand over the investigations in the case to the Central Bureau of Investigations [CBI]. As a consequence of the matter being before the NHRC, on 24 June 1997 the then Director General of Police [DGP], Jammu and Kashmir, Gurbachan Jagat initiated a re-investigation into the case by the Crime Branch. On 16 January 1998, Additional Superintendent of Police [ASP] Bachan Singh Chowdhury submitted a progress report that indicted Kuldeep Khoda, the then Deputy Inspector General [DIG] of Doda-Udhampur range. On 12 November 1998, ASP Shikha Goel conrmed the earlier progress report and added that there had been 60 tampering by the police in the case . On 4 December 1999, the Senior Superintendent of Police [SSP], Crime and Railways, Jammu sent a letter to the then DGP, Jammu and Kashmir. The letter states that the NHRC referred the matter to the DGP, Jammu and Kashmir to determine the facts of the case. During the investigations, the Crime Branch was “deputed to Session's Court Bhaderwah to assess from the concerned court about the progress of case”. Copies of the testimony before the Court were collected and placed on the le by the Crime Branch. The witnesses were once again summoned and individually re-examined by the Crime Branch. The witnesses denied having any grievance in the matter. Further, the witnesses denied having statements recorded before the Crime Branch. Shikha Goel, ASP, Crime and Railways, Jammu, could not “lay her hand on any concrete result regarding the involvement of senior Police ofcers”. It was concluded that at the advanced stage of the trial the Crime Branch could not re-examine witnesses formally and it would be advisable to wait for the outcome of the trial. Finally, it was stated that “if approved” a “comprehensive report” may be sent to the NHRC. 60 Indian Express, http://www.indianexpress.com/news/civilians-killed-15yr-report-back-to-haunt-j&k-dgp/831717/0, 14 August 2011.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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