STRUCTURES OF VIOLENCE

355| Structures of Violence
Alleged Perpetrators
69
1. Major Y. Mohan Yadav , 13 Rashtriya Ries
[RR] / 3 Kumaon Regiment, Army
Case Information
Abdul Khaliq Wani was picked up by army personnel
on 16 February 1997 for questioning during which he
received injuries and later died in the hospital on the
same day.
The family of the victim gave a statement to the IPTK
on 29 April 2015 and conrmed the involvement of the
alleged perpetrator in the killing of the victim.
First Information Report [FIR] no.39/1997 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was led
70
at the Ganderbal Police Station .The
communication dated 9 May 2012 by the Jammu
and Kashmir Police reveals that on 16 February
1997 army personnel of 3 Kumaon cordoned off the
Tulmullah village and started a door-to-door search.
During the search operation some locals were lifted
for questioning / interrogation. During this process
Abdul Khaliq Wani got injured and was shifted to Shere-Kashmir
Institute of Medical Sciences [SKIMS],
Soura, Srinagar for treatment where he succumbed to
injuries. Accordingly, proceedings under Section 174
[Police to enquire and report on suicides etc.] Criminal
Procedure Code, 1989 (CrPC) were initiated.
The 18 February 1997 medical opinion opined the
cause of the death to be due to head injury. On receipt
of the medical opinion, FIR no. 39/1997 was
registered and investigation was taken up. During the
course of investigation all legal procedural formalities
were conducted and case was established against
the alleged perpetrator. The case diary le was
submitted to the Deputy Inspector General, Central
Kashmir Range, Srinagar vide District Police Ofce
Ganderbal's letter no.CRB/Sanc/12017-18 dated 9
October 2011 for further submission for acquiring
sanction for prosecution under AFSPA against Major
Joginder. Accord of sanction was still awaited. By
further communication dated 9 July 2012 from the
Jammu and Kashmir Police it was stated that the case
was lying with the “home deptt.” But, by
communication dated 2 May 2014 from the Jammu
and Kashmir Police, certain documents were
provided. Denial of sanction communication dated 25
February 2011 was provided. Further, the request for
sanction from the Government of Jammu and
Kashmir dated 11 September 2006 was also
provided. Further, certain other case related
documents were also provided. The denial of sanction
communication states that: “From the facts of the
case as per documents available, it is revealed that
the allegations made against Major Y. Mohan Yadav of
13 Rashtriya Ries are totally false and devoid of any
substance. All the witnesses have clearly stated that
Shri Abdul Khaliq Wani started running towards a Nala
and fell and the security forces did not ill treat anyone
during the entire operation. Shri Abdul Khaliq Wani
was absolutely all right and moved back to his house
when the security forces had left”. An interesting
feature of this communication signed and sent by “S.
Ashraf”, Under Secretary to the Government of India,
is that the last para of the communication states that
sanction is declined as against “Major Sumit Rastogi
of 42 Rashtriya Ries Battalion”. The denial of
sanction in the case relating to Major Sumit Rastogi
[also included in this report] was issued in 1990 and
signed and sent by S. Ashraf. Therefore, clearly, S.
Ashraf merely used the same template, but omitted to
amend the last para, when declining sanction in this
case. This displays the non-application of mind
inherent in the sanction for prosecution process.
Further, a report of the investigations was provided
that conrms the above details and notes that Abdul
Khaliq Wani received head injuries.
By communication dated 18 December 2014 from the
Jammu and Kashmir Police information was provided
that sanction had been declined but that the case was
still “under investigation”.
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 the case had been received in December
2006 and was under consideration.
This case does not nd mention in the list of cases
furnished by the Government of Jammu and Kashmir
in response to a RTI on sanctions for prosecutions
under AFSPA on 6 September 2011. Also, the
communication of the Jammu and Kashmir Police of 9
May 2012 states that this case was sent to the Deputy
Inspector General, Central Kashmir Range, Srinagar
on 9 October 2011 for seeking sanction for
prosecution under AFSPA. But, this contradicts the
fact that sanction was sought on 11 September 2006.
Further, by letter dated 9 July 2012 information was
provided that the case was still with the Home
Department. But, surprisingly, the Ministry of Defence
seems to have received the case in December 2006.
Communication dated 2 December 2013 from the
Jammu and Kashmir Police states that sanction for
69 The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under Armed
Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], spells the last name of the alleged perpetrator as “Yadoo”. Certain
other formulations also exist on record, including the rst name as Joginder. The name as per the decline of sanction document is being
used.
70 Information on this FIR was sought through RTI on 7 October 2011. By communication dated 9 May 2012 from the Jammu and Kashmir
Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. Further information sought through
RTI dated 14 November 2014.