STRUCTURES OF VIOLENCE

361| Structures of Violence
for a meeting at the Member of Legislative Assembly
Hostel. Major V. P. Yadav was present at this meeting.
Major V. P. Yadav asked that the case be withdrawn in
exchange for Rs. 22,00,000 and other employment
benets. The brother of the victim refused.
The army led rst information report [FIR] no.
30/1998 u/s 307 [Attempt to murder] Ranbir Penal
C o d e , 1 9 8 9 [ R P C ] a n d 7 [ P r o h i b i t i o n o f
acquisition/possession/manufacture/sale of
prohibited arms/ammunition]/25 [Punishment for
certain offences] Arms Act, 1959 at the Handwara
Police Station which stated that the victim was a
militant, had confessed and led the army to a site in
Kulangam where he opened re, in the early hours of
the morning and was killed in the cross re. He was
digging under the pretext of recovering the arms when
he pretended to rest and then he red. He red two
rounds from a pistol and then started to run. On this he
was shot dead. Arms and ammunition were
recovered. Information provided by the Jammu and
Kashmir Police suggests that the the version of
events submitted by the army was disbelieved by the
police, and the FIR was closed.
The family of the victim led FIR no. 31/1998 u/s
364 [Kidnapping / Abducting to murder], 302
[Murder] Ranbir Penal Code, 1989 [RPC] at the
Handwara Police Station with their version of the
incident on 14 March 1998 by Sonaullah Bhat, son
of Haji Kabir Bhat. The FIR states that the army
entered the residence at 10:00 pm. Dead body of
the victim was found the next morning at the
Handwara police station. He had been beaten to
death. A chargesheet was produced in court by the
police on 18 April 2000 against Major V. P. Yadav
but the family of the victim states that the
77
proceedings have since stalled . From information
available from the Jammu and Kashmir Police, the
alleged perpetrator appears to have been arrested
and then released on bail.
The Gorkha Ries instituted court-martial
proceedings in the State of Himachal Pradesh against
Major V. P. Yadav. While two brothers of the victim
were asked to testify in March 2010, they were unable
to do so as the proceedings were being conducted in
Himachal Pradesh and they were unable to travel that
far.
The victim's family approached the State Human
Rights Commission [SHRC] which issued its nal
decision on 8 May 2001 and recommended relief of at
least Rs. 3,00,000. The family of the victim received
Rs. 1,00,000 ex-gratia government relief and also
received compassionate employment under SRO-43
[Statutory Rules and Orders].
The only document presently on record [as the charge
sheet led is not with the IPTK] for the purposes of
analysis is the SHRC nal decision of 8 May 2001.
The SHRC decision was based in part on a report
dated 28 February 2001 by the Inspector General of
Police [IGP], Kashmir. The police report conrmed the
allegations by the victim's family. The report also
conrmed that the victim was a common citizen and
was not associated with any banned organization.
Finally, that a charge sheet was led against Major V.
P. Yadav on 18 April 2000. The SHRC therefore found
that the victim was an innocent person having no
connection with any subversive activities and was
tortured to death. The SHRC described the incident as
“a pure and simple murder”.
The Jammu and Kashmir Police and subsequently
the SHRC clearly indict the armed forces, particularly
Major V. P. Yadav, in the killing of the victim. What is
unfortunate in such a clear case of murder is that a
charge sheet led in the year 2000 has not resulted in
the trial and arrest of the victim some twelve years
later. While it appears that the court-martial
proceedings have been conducted it is unfortunate
that the access to this court-martial for the family of
the victim was not considered.
Subsequently, what transpired in the court-martial
proceedings was not communicated to the family
members of the victim.
Further, this case does not nd any mention in the
information provided in relation to Court-Martials
conducted by the army. Therefore, it is likely that the
alleged perpetrator may have been exonerated.
Finally, the allegation made by Abdul Ahad Bhat
regarding the collusion of senior ministers of the
Government of Jammu and Kashmir and Major V. P.
Yadav in the attempted cover up of the killings
needs to be seriously investigated.
Case No. 97
Victim Details
Altaf Ahmed Dar [Abduction, Torture and Extra-
Judicial Killing (Custodial Killing)]
Age: 30
Occupation: Horse cart owner (Tonga driver)
Son of: Ghulam Muhammad Dar
Resident of: Aarampora, Qamarwari, Srinagar
Alleged Perpetrators
1. Haq, Station House Ofcer [SHO], Parimpora
Police Station, Jammu and Kashmir Police
77 Information on the FIRs was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No
information was provided. Another 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 March 2013 information was provided and a copy of the FIR
was provided. Further information sought through RTI on 15 October 2013. By communication dated 9 December 2013 from the Jammu
and Kashmir Police a copy of both FIRs was provided. In FIR no. 30/1998 the police also submitted a document that suggested that the
FIR had been closed. Further information sought through RTI dated 14 November 2014.