STRUCTURES OF VIOLENCE

347| Structures of Violence
Case No. 80
Victim Details
Jaleel Andrabi [Abduction, Wrongful Connement,
Torture and Extra-Judicial Killing]
Age: 36
Occupation: Human Rights Lawyer
Spouse: Rifat Andrabi
Resident of: Peer Bagh, Budgam District
Alleged Perpetrators
rd
1. Major Avtar Singh, 103 Battalion Territorial
Army, deployed at Rawalpora, Srinagar
2. Sikandar Ganai, Government Gunman
[Ikhwan]
Case Information
On 8 March 1996, Jaleel Andrabi was travelling in a
Maruti car along with his wife, Rifat Andrabi. The car
was stopped near Parraypora by a military contingent
headed by a Major and accompanied by Ikhwan. The
victim was abducted.
The victim had been under constant surveillance due
to his work as a human rights lawyer. On 29 February
1996, he had taken photographs of Ikhwan and others
who were keeping him under surveillance. One of the
Ikhwan identied was Sikandar Ganai.
Following his abduction, his family approached the
Jammu and Kashmir Police but no action was taken.
On 27 March 1996, the dead body of the victim was
recovered from the Jhelum river. The body bore
torture marks.
On 9 March 1996, one day after the abduction of the
victim, the Jammu and Kashmir Bar Association led
a petition [habeas corpus petition, HCP 32/1996]
62
before the High Court of Jammu and Kashmir. The
army denied the arrest of the victim.
On 14 March 1996, FIR no.139/1996 u/s 364
[ K i d n a p p i n g / A b d u c t i n g t o m u r d e r ] a n d
[Kidnapping/Abducting with intent to secretly and
wrongfully conne] Ranbir Penal Code, 1989 [RPC]
63
was led at the Saddar Police Station . By
communication dated 30 November 2013 from the
Jammu and Kashmir Police a copy of the chargesheet
was provided. By communication dated 22 April 2014
from the Jammu and Kashmir Police a copy of the
FIR, and chargesheet was provided.
On 18 March 1996, a Special Investigation Team [SIT]
was formed under the orders of the High Court to
investigate the case. The High Court sought to
monitor the investigations of the SIT. During the
investigations, the dead bodies of Sikandar Ganai
and his ve associates were recovered. Therefore,
crucial evidence in the case was destroyed. The SIT
also retrieved the photographs taken by Jaleel
Andrabi of persons involved in his surveillance. They
were identied as Mohammad Abdul Shah, Nazir
Ahmad [Operational names: Khalid, Bachpan] and
Mohammad Muzaffar Sheikh.
In August 1996, Mohammad Ashraf Khan
[Operational names Umar / Bhai Jan], son of
Habibullah Khan, a Government Gunman [Ikhwan]
and an associate of Major Avtar Singh, was arrested.
He gave a section 164 [Power to record statements
and confessions] Criminal Procedure Code, 1989
[CrPC] statement. In this statement it was recorded
that in March 1996, Major Avtar Singh and Ikhwan
Sikandar Ganai brought a person to the camp. Six
other persons were present at this point: Sultan,
Balbir Singh, Doctor Vaid, Mushtaq and Hyder. An
argument ensued between Major Avtar Singh and the
person abducted and he was then beaten and
conned in a room. Mohammad Ashraf Khan was
informed that the person abducted was Jaleel
Andrabi. On the same evening, Mohammad Ashraf
Khan heard cried from the room where Jaleel Andrabi
was conned. Subsequently, he saw army personnel
loading a gunny bag into a truck and leaving the camp.
Major Avtar Singh subsequently informed
Mohammad Ashraf Khan that he had committed a
mistake by killing Jaleel Andrabi.
On 10 April 1997, the High Court was informed that
Major Avtar Singh was being considered an accused
in the case. Further, that the SIT had tried to
apprehend him but had been unable to do so. The
Union of India represented that Major Avtar Singh had
been removed from service on 7 November 1996. The
High Court sought further attempts to apprehend
Major Avtar Singh and sought to verify whether he in
fact had been removed from service.
On 13 August 2001, the High Court was informed that
a chargesheet had been led against Major Avtar
Singh before the trial court. The army had sought
before the trial court that the case be referred for an
army court-martial. No decision had been taken by the
trial court.
On 22 November 2004, the High Court dismissed the
petition as proceedings had been initiated for the
production of a chargesheet in the case.
On 26 December 2000, a chargesheet was led in the
court of the Chief Judicial Magistrate [CJM], Srinagar
against Major Avtar Singh. The family of the victim
contended that the chargesheet was incomplete and
further persons could be implicated. The CJM court
rejected this contention.
62 Information on the petition number was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 16 February
2012. Information was provided.
63 Information on this FIR was sought through RTI on 5 May 2012. No information was provided. Further information sought through RTI
on 15 October 2013.