STRUCTURES OF VIOLENCE

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353| Structures of Violence The application sought that a proper murder case be registered against Major H.P.Singh, Company th Commander, 167 Infantry Battalion and against the Commanding Ofcer of same Battalion, Brigadier Surjit Singh, as they had killed Abdul Aziz Bhat by severe torture in custody as he was arrested by them. The 7 August 2012 communication from the Jammu and Kashmir Police states that this case was closed as not admitted but a nal report was not submitted. By communication dated 30 November 2013 from the Jammu and Kashmir Police a copy of the closure report was provided. The family of the victim approached the State Human Rights Commission [SHRC] on 14 July 1998 and a nal decision was delivered on 17 June 2008 and Rs.2,00,000 ex-gratia government relief and compassionate employment under SRO-43 [Statutory Rules and Orders] were recommended. The SHRC arrived at its decision by considering reports from the police and testimony of witnesses. The SHRC received the report from Crime Branch Headquarters, Srinagar dated 21 December 2002 which provided basic information on FIR no.140/1996 and the written complaint made by the wife of Abdul Aziz Bhat. Further, a reference is made by the SHRC to submissions by the Crime Branch and the police [it is unclear whether these submissions were a part of the 21 December 2002 letter] that supported the version of events that Abdul Aziz Bhat started ring while taking the armed forces to a hideout. The testimony of witnesses Ghulam Ahmad Bhat and Mohammad Ramzan Bhat were also considered by the SHRC. The witnesses deposed that Abdul Aziz Bhat was picked up during the night on 26 and 27 December 1996 and was tortured to death in custody following which his dead body was given to them through the Nishat Police Station. The witnesses have stated that during the period the people remained indoors and would not come out during night or in late hours because of a perception of threat. The report of the Additional Director General of Police [ADGP] dated 18 September 1998 submitted before the SHRC considered the contents of FIR 140/1996 and concluded that the proper procedures before the disclosure were not followed and stated that the FIR was an attempt to cover up the custodial killing. Based on the above, the SHRC found that the case in favour of the family of Abdul Aziz Bhat was made out. Further that the other version of events was “highly unrealistic and devoid of logic”. As the wife of Abdul Aziz Bhat had made a clear statement and the ADGP also concluded that this was a case of custodial killing, the SHRC indictment appears sound. But, it must be mentioned that the testimony of the witnesses Ghulam Ahmad Bhat and Mohammad Ramzan Bhat do not provide much detail to the incident. Particularly, it is unclear on what basis they testied to the abduction. No information exists on what basis the Jammu and Kashmir Police closed the investigations in this case or on what basis the case was held to be not admitted. The nal reports would, by law, have to be judicially scrutinized and this was not done in this case. Further, the Jammu and Kashmir Police is also indicted by the fact that they only led a FIR with the victim family's version of events after the intervention of a court. The Ministry of Defence seems to have cared very little about the SHRC order, Jammu and Kashmir Police investigations or in instituting a process for delivering justice. The available documents do not suggest that even a Court-Martial was conducted in this case by the army. Case No. 88 Victim Details 1. Sikandar Ganai [Extra-Judicial Killing] 2. Mohammad Ramzan [Extra-Judicial Killing] Occupation: Employee, Stone crusher, Humhama Son of: N.K [full name unavailable] Resident of: Bangal 3. Mushtaq Ahmad Hajam [Extra-Judicial Killing] Son of: Mohammad Subhan Hajam, Resident of: Sumbal, Sonawari, Bandipora District 4. Mohammad Assan Lone [Extra-Judicial Killing] Son of: Ghulam Qadir Lone Resident of: Chewrajpora, Pulwama District 5. Mohammad Afzal Malik [Extra-Judicial Killing] Son of: Ghulam Mohiuddin/Mohammad Malik Resident of: Budgam Alleged Perpetrators rd 1. Major Avtar Singh, 103 Battalion Territorial Army rd 2. Havaldar Balbir Singh, 103 Battalion Territorial Army rd 3. Dr. Sumon Singh, 103 Battalion Territorial Army Case Information
354 | Structures of Violence First Information Report [FIR] no.29/1997 u/s 302 [Murder], 34 [Common intention] Ranbir Penal Code, 68 1989 [RPC] was led at the Saddar Police Station . By communication dated 21 December 2011 from the Jammu and Kashmir Police information was provided that a case was registered on 20 January 1997 that ve persons were apprehended and later on their dead bodies were recovered from Pampore. Prima facie offences were established during investigation against Major Avtar Singh. The casele was submitted to the Jammu and Kashmir Home Department to seek sanction for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA]. By further communication dated 9 July 2012 from the Jammu and Kashmir Police, information was provided in the form of a letter dated 15 June 2012 from the D e p u t y S u p e r i n t e n d e n t o f P o l i c e [ D S P ] , Headquarters, Srinagar that sanction for prosecution under AFSPA was still awaited in the case. By communication dated 30 November 2013 from the Jammu and Kashmir Police it was stated that sanction for prosecution was yet to be received. By communication dated 22 April 2014 from the Jammu and Kashmir Police information was provided that the case was under investigation as the case had been submitted for accord of sanction, which was awaited. Further, communication dated 3 July 2004 from Sub- Divisional Police Ofcer [SDPO], Sadder, to Superintendent of Police, City South, Srinagar, was provided. This communication essentially corrects certain issues in the investigation and the English translated site plan and seizure memo's are enclosed. The communication seeks that sanction for prosecution be procured. As per a letter dated 23 October 2000 from the Senior Superintendent of Police [SSP], Srinagar to the Deputy Superintendent of Police [DSP], and a member of the Special Investigating Team, the case stands registered against Major Avtar Singh and “two other Army personnel”. The case was chargesheeted and sanction for prosecution under AFSPA was sought on 13 October 1998 and was still awaited. The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under AFSPA, stated in relation to this case that it was not received. The Government of Jammu and Kashmir, in response to a RTI on sanctions for prosecution under AFSPA, stated on 6 September 2011 in relation to this FIR number that sanction was awaited for the prosecution of the alleged perpetrators. But, the case details refer to this as being related to the killing of “Jalil Ahmad Indrabi”. Various attempts were made to extradite Major Avtar Singh from Canada, and then the United States, where he had ed after being allowed to acquire a passport. On 9 June 2012, at around 6:30 am California time, Major Avtar Singh called police authorities in the city in which he was residing and informed them that he had killed members of his family and was going to kill himself. Subsequently, the dead bodies of Major Avtar Singh and his family were found by the police authorities at Major Avtar Singh's residence. In addition to the discrepancies in the Government of Jammu and Kashmir document of 6 September 2011, it is noteworthy that Ministry of Defence has delayed taking a decision on whether to grant sanction for prosecution. This has allowed the alleged perpetrators to evade justice. 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, the Jammu and Kashmir Government should have considered even re-sending the case or clarifying when and how the case was sent. In any case, after providing this information before the High Court of Jammu and Kashmir in 2009 and also in 1997 after the case was led against the personnel of the army the Ministry of Defence seems to have cared very little about the Jammu and Kashmir Police investigations or in instituting a process for delivering justice. The available documents do not suggest that even a Court-Martial was conducted in this case by the army. With the recent death of Major Avtar Singh, it has been ensured that no justice, by the rule of law, will ever be meted out to him. The processes of justice have therefore ensured impunity. Case No. 89 Victim Details Abdul Khaliq Wani [Extra-Judicial Killing] Son of: Habibullah Wani Resident of: Tulmullah, Ganderbal District 68 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014. A copy of the FIR has been received to date.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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THE MAP OF SOPORE MASSACRE 6 JANUAR
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