STRUCTURES OF VIOLENCE

357| Structures of Violence
First Information Report [FIR] no.173/1997 u/s 302
[Murder], 364 [Kidnapping/Abducting to murder],
109 [Abetment] was led at the Ganderbal Police
71
Station . By communication dated 18 December
2014 from the Jammu and Kashmir Police
information was provided that a chargesheet,
prepared by Crime Branch, had been led before
the City Magistrate, Srinagar on 27 October 2003. A
copy of the chargesheet was provided.
The family of Ghulam Nabi Malik led a petition
before the High Court of Jammu and Kashmir
72
[Original Writ Petition (OWP) 1157/1997] . It was
also alleged before the High Court that Showkat
Hussain, at one point the Station House Ofcer
[SHO], Ganderbal Police Station, was screening the
alleged perpetrators as he was related to them.
During the proceedings the court was informed that
SHO Showkat Hussain was replaced in the
investigations of the case.
On 14 October 1998 the High Court disposed off the
petition, directed that investigations be expedited,
and stated that there was no further reason to be
seized of the petition as SHO Showkat Hussain had
been replaced in the investigative team.
The matter was also litigated before the High Court
by the alleged perpetrators [Cr.Rev.No. 48/2004,
Bail Appl no. 48/2005 and Petition no. 36/2004 led
under Section 561-A. A Final decision was delivered
73
on 25.5.2007] . The facts recounted by the High
Court in this decision state that Khati was also
implicated in the abduction of Ghulam Nabi Malik.
Further, that Mohammad Sultan Mir took Rs. 10,000
for the release of Ghulam Nabi Malik but did not act
on his promise to assist.
The decision also states that the Crime Branch
investigations concluded that the abduction had been
carried out and also implicated Major Parera, 3
Kumaon Ries. Major Parera was said to have
assisted in the crime on the promise of receiving a
Pashmina shawl worth Rs. 60,000. A charge sheet
was lodged before the City Magistrate, Srinagar, on
27 October 2003 against: Major Parera, Mohammad
Sultan Mir, Mohammad Yaseen So, Irshad Ahmad
So and Abdul Rashid So. By the decision of the
High Court, Mohammad Yaseen So and Irshad
Ahmad So were granted interim bail.
The record suggests that Major Parera challenged
this order in the Supreme Court [his petition related to
quashing of a FIR and an order of the lower court].
The Supreme Court on 11 July 2007 stayed the
proceedings with regard to the accused Major Parera.
On 28 July 2009 the High Court granted interim bail to
Abdul Rashid So.
The family of the Ghulam Nabi Malik approached the
National Human Rights Commission [NHRC] on 1
March 1999.
The role of the Jammu and Kashmir Police may be
criticized in this case as it appears that a FIR was led
only after the killing of the victim.
Further, while it appears judicial proceedings are
under way, the army appears to care very little for the
possibility that one of its personnel may be involved in
the commission of a crime as the available documents
do not suggest that even a Court-Martial was
conducted in this case by the army against Major
Parera.
Case No. 91
Victim Details
Sharief-ud-Din Khan [Abduction, Extra-judicial killing]
Age: 20 years
Son of: Ghulam Mohammad Khan
Resident of: Darzi Mohalla, Asham, Bandipora.
Fatima Begum [Extra-judicial killing]
Wife of: Ghulam Mohammad Ganai,
Resident of: Nabdi Mohalla, Safapora, Bandipora
Alleged Perpetrators
1. Fayaz Ahmad Mir alias Fayaz Nabdi,
Government Gunman [Ikhwan]
2. Ayoub Khan alias Ayoub Nabdi, Government
Gunman [Ikhwan]
3. Manzoor Ahmad Mir, Government Gunman
[Ikhwan]
4. Mohammad Sha Lone, Government
Gunman [Ikhwan]
5. Shabir Ahmad Bhat, Government Gunman
[Ikhwan]
Case Information
Sharief-ud-Din was studying for a diploma in civil
engineering at KITE Polytechnic College. On 13 July
1997, he was at his home spending summer
vacations, when he was arrested by a group of local
Ikhwan, namely Fayaz Ahmad Mir [alias Fayaz
71 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information
was provided. RTI was led on 18 December 2012 to Jammu and Kashmir Police regarding custodial killings in Jammu and Kashmir
between 1989 and 2012. By communication dated 4 January 2013 information was provided that the case had been chargesheeted.
Further information sought through RTI on 15 October 2013. By communication dated 2 May 2014 from the Jammu and Kashmir a copy
of the FIR was provided and information that the case had been chargesheeted by the Crime Branch, Kashmir and produced on 27
October 2003. Further information sought through RTI dated 14 November 2014.
72 Information on the petition number was sought through RTI on 2 July 2012. Information was provided.
73 Information on the petition numbers was sought through RTI on 16 February 2012. Information was provided.