STRUCTURES OF VIOLENCE

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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.
358 | Structures of Violence Nabdi], Ayoub Nabdi [both residents of Nabdi Mohalla, Safapora], Manzoor Ahmad Mir, Mohammad Sha Lone and Shabir Ahmad Bhat [currently working with Territorial Army]. Fayaz Nabdi was the head of the Ikhwan group from Safapora and had connections with Major Sinha of 13 Rashtriya Ries [RR] Manasbal Camp. They took the victim to the house of Fayaz Nabdi where he was tortured badly. The Ikhwans made him stand against a wall and shot at his chest. He was then ordered to run. He fell down after stumbling for a short distance, and Fatima Begum wife of Ghulam Mohammad Ganai resident of Nabdi Mohalla, who was a witness to the whole torture tried to save him. But she too was red at by the Ikhwans. Both the victims where then left to bleed to death on the spot. Sharief-ud-Din was buried in martyr's grave yard at Asham, Bandipora. The uncle of victim no.1, Nazir Ahmad Khan gave the above statement to IPTK on 15 July 2015 The witness statement provides evidence of the killing of the two victims though it is unclear whether this is eye-witness testimony. In addition, the role of the 13 RR at Manasbal camp in this killing, even under the international criminal law principles of command responsibility would need to be analyzed and further investigations are warranted. Case No. 92 Victim Details Three civilians [Extra-Judicial Killing (Fake encounter)] Alleged Perpetrators 1. Major Ganpati, 28 Rashtriya Ries [RR], Army Case Information The victims were killed on 16 July 1997 in an alleged fake encounter. 74 First Information Report no.80/1997 was led . 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], stated in relation to this case that it was received in September 2008 and was under consideration. The Ministry of Defence, in response to a RTI on 10 January 2012 on sanctions for prosecution under AFSPA, stated in relation to this case that sanction had been denied on 23 September 2010. Further, that: “there is a contradiction in the investigation carried out in the case by the police twice with a gap of 8-9 years.” The Ministry of Defence while declining sanction did not provide the details of the contradictions in the police investigations. Further, it is noteworthy that it took the Jammu and Kashmir Police and Government of Jammu and Kashmir 11 years to investigate and process the case for acquiring sanction for prosecution under AFSPA, which apparently helped the perpetrators in evading justice. Case No. 93 [Massacre/Extra-judicial killing] Victim Details Hajra Wife of: Ghulam Qadir Dar Abdul Salam Dar Son of: Ghulam Qadir Dar Jawa Daughter of: Ghulam Qadir Dar Abdul Rashid Dar Nephew of: Ghulam Qadir Saif-ud-din Son of: Habibullah Dar Ghulam Rasool Dar Son of: Ghulam Mohammad Dar Ghulam Nabi Dar Son of: Abdul Samad Dar All were residents of Saderkoot-Bala Alleged Perpetrators 1. Abdul Rashid Parray alias Rashid Billa, Government Gunman [Ikhwan] 2. Mohammad Ayoob Dar, Government Gunman [Ikhwan] 3. Wali Mohammad Mir, Government Gunman [Ikhwan] 4. Nazir Ahmad Wani, Government Gunman [Ikhwan] 5. Bashir Ahmad Pehlu, Government Gunman [Ikhwan] 6. Nazir Ahmad Parray alias Fauji, Government Gunman [Ikhwan] 7. Manzoor Ahmad Reshi, Government Gunman [Ikhwan] 8. Bashir Ahmad Parray alias Bilal, Government Gunman [Ikhwan] 9. Manzoor Ahamad Parray, Government Gunman [Ikhwan] Case Information 5 October 1996. Read Chapter 2: Theatres' of Violence-part C relating to the Saderkoot Massacre. 74 Information on this FIR and case [although no details of the Police Station were available] was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By letter dated 9 July 2012, information was provided by the Jammu and Kashmir Police in the form of a letter dated 15 June 2012 from the Deputy Superintendent of Police, Headquarters, Srinagar that this FIR was scutinized in the police stations of the Srinagar District and no case involving the alleged perpetrator was found.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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STRUCTURES OF VIOLENCE

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