STRUCTURES OF VIOLENCE

356 | Structures of Violence
prosecution was declined by “the Home Department
vide letter No. Home/Pross/2001/501 dated 24-11-
2010 and letter from Govt of India Ministry of Defence
No. 6(12)2006 D(AG) dated 25/2/2011 and letter dated
18-12-2012”.
Based on the information provided by the Jammu
and Kashmir Police, it needs to be investigated why
the Government of Jammu and Kashmir and the
police took so many years to process the case for
sanction for prosecution under AFSPA. Further,
following denial of sanction, it is unclear what the
present status of the case is as far as the Jammu
and Kashmir Police are concerned. Most importantly,
the reason for the denial of sanction contradicts the
position of the family and the police. It needs to be
ascertained what the Ministry of Defence is referring
to when it states that “all the witnesses have clearly
stated” that the victim fell into a “nala”. Finally,
despite sanction having been declined in 2011, the
Jammu and Kashmir Police is yet to le a nal report
and has stated that the case is still “under
investigation”.
Case No. 90
Victim Details
Ghulam Nabi Malik [Abduction and Extra-Judicial
Killing]
Age: 38
Occupation: Shopkeeper
Son of: Abdul Ahad Malik
Resident of: Shahpora, Ganderbal District
Alleged Perpetrators
1. Major Parera, 3Kumaon Ries, Army
2. Irshad Ahmad So, Civilian
3. Mohammad Yaseen So, Civilian
4. Constable Abdul Rashid So, Acting Munshi,
Ganderbal Police Station, Jammu and
Kashmir Police
5. Mohammad Sultan Mir [Operational name:
Sula Buchpuri], Government Gunman
[Ikhwan]
6. Khati, spouse of Mohammad Yaseen So,
Civilian
Case Information
On 19 June 1997 the family states that there was a
ght between the families of Ghulam Nabi Malik and
Mohammad Yaseen So. His brother, Abdul Rashid
So, was acting Munshi in the Ganderbal Police
Station. The family states that Mohammad Yaseen
So threatened Ghulam Nabi Malik victim that he
would get him killed.
On the same evening at about 10.30 pm, the family of
Ghulam Nabi Malik states that the army and police
raided the house and ransacked the house and
damaged Ghulam Nabi Malik's shop.
On 21 June 1997, some gunmen in police and army
uniform barged into Ghulam Nabi Malik's house. Once
the gunmen entered the house, they were identied by
the members of the family since they lived close to
their house. They were identied as Abdul Rashid So,
Irshad Ahmed So, Mohammad Yaseen So and
Khati. The army was also present with the police,
according to the family members of Ghulam Nabi
Malik. Ghulam Nabi Malik was then taken away along
with his money, Rs. 65,000. The reason for the
abduction was that Irshad Ahmed So, Mohammad
Yaseen So and Khati had purchased items from the
shop of the victim to the tune of Rs.30,000 and refused
to pay. The family of the victim also implicates
Mohammad Sultan Mir in the abduction.
On the next day, 22 June 1997, the family went to
Ganderbal Police Station and the army camp of 3
Kumaon situated near the police station. The camp
was headed by Major Parera. The family states that
they also went to Special Operations Group [SOG] of
the Jammu and Kashmir Police camp located at the
power-house but none of these agencies
acknowledged his arrest.
The family states that they had identied the alleged
perpetrators in the case but despite their repeated
attempts the police did not cooperate. The police did
not le any FIR and did not take any action.
The family kept searching for Ghulam Nabi Malik for
about two months. The family states that they were
given a clue by the SOG personnel to check the water
canal, above the police station in Tengpora village. The
family of Ghulam Nabi Malik requested the exengineer
of the power plant to stop the water ow in the
canal so that they could see the dead body but he
initially refused. On 16 August 1997 there was a
mechanical fault in the pump and the water stopped
and soon the family started to search the canal and
after this search they found the body of Ghulam Nabi
Malik. The dead body was lying under the water but
once the family took the body out, they called police to
the spot. The family then states that they took pictures
of the body and the body did not bear any bullet injuries
but the body bore torture marks. The family states that
the face had been burnt, legs bore cut marks by a knife
and various other marks were on the body. The family
later took the body to the Ganderbal Hospital where an
autopsy was conducted.
The family of Ghulam Nabi Malik received Rs.1,00,000
ex-gratia government relief and compassionate
employment under SRO-43 [Statutory Rules and
Orders].
The family of Ghulam Nabi Malik gave a statement to
the IPTK on 22 February 2012.