STRUCTURES OF VIOLENCE

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365| Structures of Violence Son of: Ghulam Ahmad Wani Resident: Prang Kangan, Gandarbal district Alleged Perpetrators 1. Captain Tiwari, 197 Field Regiment, Barawall Camp Case Information On the night of 18 August 1998, an unidentied grenade was thrown towards the northside of Mohammad Amin Wani's house but the grenade did not explode. As soon as the army came to know about this incident, they surrounded Mohammad Amin Wani's house and took him under custody for interrogation. Although Mohammad Amin Wani repeatedly said that he did not know anything; the army personnel, headed by Captain Tiwari of the 197 Field Regiment, tortured him. Along with Mohammad Amin Wani, 11 other civilians were also arrested. They included the following: Hilal Ahmad Wani, Manzoor Ahmad Sheikh, Sahad Ahmad Sheikh, Tahir Ahmad, Gulle, Abdul Ahad, Muzaffar Ahmad, Shahid ul Islam, and Tanvir Ahmad Sheikh. The army ofcials themselves confessed that Mohammad Amin Wani was being tortured. In addition, Captain Tiwari, who was the head, repeatedly told the other army personnel to remember the person. Captain Tiwari was infamous in the area as he made frequent raids. The next day, at about 7 am, the army again surrounded the village. Mohammad Amin Wani was reciting Quran, his son Muzamil came running and said, “army is looking for you father”. As soon as he came out of the house, army personnel, without giving any explanation, started torturing him. Till 3 pm, they searched his house. The army personnel, after torturing him for the entire day, took him to Barawall camp. He was separated from the other arrested civilians. According to Sajad Ahmad Sheikh, resident of Prang, Mohammad Amin Wani was with him at Kangan camp. They tied everyone's eyes but Sajad Ahmad Sheikh's band was to some extent loose enough that he could see what was happening. He saw that Mohammad Amin Wani and Manzoor Ahmad Sheikh [brother of Sajad Ahmad Sheikh] were already present in the room. Sajad Ahmad Sheikh also mentioned that along with adults, the army personnel also arrested children who had nothing to do with political or militant outts. Mohammad Amin Wani's condition was so bad that he could not go to the bathroom; when he requested the army personnel, they refused. Sajad Ahmad Sheikh was an eyewitness to this. Lastly, he told Mohammad Amin Wani's family that Mohammad Amin Wani was taken to the other room. After twenty minutes, when they brought Mohammad Amin Wani back, he was not in a condition to move or talk. One and a half hours later, Mohammad Amin Wani was still not moving. Later on, an army ofcer brought the army doctor for checkup. After that, they took him and declared him dead. Along with Sajad Ahmad Sheikh, there were two other civilians named Tahir Ahmad Mir and Hilal Ahmad Wani]. The wife of the victim, Haseena Begum, gave the above statement to the IPTK on 22 April 2015. The statement is clear, and cogent evidence is presented of the torture/killing by the alleged perpetrator. The allegations warrant further investigation. The statements of the eye-witnesses are crucial and should be recorded. Case No. 101 Victim Details Mohi-ud-Din Amin Wani [Abduction and Extra-Judicial Killing (Custodial Killing)] Son of: Ghulam Ahmad Wani Resident of: Preng, Ganderbal District Alleged Perpetrators 1. Major P.K.Singh [Lieutenant Colonel as of th 2009], 197 Field Regiment, Army 2. Major Abhay Tiwari [Retired as per th information provided in 2009], 197 Field Regiment, Army Case Information On 19 August 1998 Mohi-ud-Din Amin Wani was killed in custody. First Information Report [FIR] no. 40/1999 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led 78 at the Kangan Police Station . The 9 May 2012 communication from the Jammu and Kashmir Police th states that on 19 August 1998 the 197 Field Regiment approached the Kangan Police Station with an application stating therein that the health condition of Mohi-ud-din Wani, apprehended during search operations, had deteriorated. The army doctors advised them to shift the said person to the Sub-District Hospital, Kangan for further treatment. The doctors declared him brought dead. 78 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By communication dated 9 May 2012 from the Jammu and Kashmir Police a copy of the FIR and chargesheet were provided.
366 | Structures of Violence The inquest proceedings were ordered / initiated u/s 176 [Inquiry by Magistrates into cause of death] Criminal Procedure Code, 1989 [CrPC]. To this effect FIR no. 40/1999 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was registered at the Kangan Police th Station against the 197 Field Regiment. The investigations were taken up and then transferred to the Crime Branch, Srinagar for further investigations. The investigation of the case stands closed as th chargesheeted against the 197 Field Regiment and the case le has been submitted for sanction for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA]. 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 it was under consideration. It is noteworth that a 13 year old case remains pending with the Ministry of Defence which is apparently helping the perpetrators in evading justice. Further, the available documents do not suggest that even a Court-Martial was conducted in this case by the army. Case No. 102 Victim Details Abdul Ahad Wani [Extra-judicial killing] Age: 70 Occupation: Principal of an educational institution Son of: Haji Wali Mohammad Wani Resident of: Wani Mohalla, Safapora, Baramulla district Alleged Perpetrators 1. Mana Rada, Government Gunman [Ikhwan] 2. Shabir, resident of Asham, Government Gunman [Ikhwan] 3. Irshad Mir, resident of Ajas, Government Gunman [Ikhwan] Case Information Sanaullah Wani, a shopkeeper in Safapora, who is not only an eyewitness but also the younger brother of the victim, stated that Ikhwans were killing innocent civilians, due to which he was hiding in his elder brother's other house; with the help of a window, he could clearly see what was happening in his brother's house. According to Sanaullah Wani, his brother was a retired principal who had nothing to do with any political party. On 13 September 1998, Ikhwans, working under the command of Kuka Parray and Usman Majid, and under the local leadership of Ayoub Nabdi, invaded Abdul Ahmad Wani's house. Ikhwans named Mana Rada, Shabir Asham, Irshid Mir and Ajas searched every corner looking for his brother Sanaullah Wani. They did not nd anyone except his elder brother Abdul Ahmad Wani who was praying. From behind, an Ikhwan shot him to death with the help of four bullets. The Safapora unit of the Ikhwan was working with 13 Rashtriya Ries [RR] camp. The brother of the victim, Sanaullah Wani, gave the above statement to the IPTK on 16 May 2015. The witness statement is clear, and cogent evidence is presented of the killing by the alleged perpetrators. The allegations warrant further investigation particularly on the command that the army [13 RR] had over the Ikhwan who killed the victim. This would establish the responsibility, if any, of the army in the killing. Case No. 103 Victim Details Nissar Ahmad Dar [Extra-Judicial Killing] Age: 19 Occupation: Daily wager with the Power Development Department Son of: Mohammad Akbar Dar Resident: Ratharpora, Dadsara, Tral, Pulwama District Alleged Perpetrators 1. S u b e d a r U . S . T h a p p a , 3 1 C o u n t e r Intelligence Unit [CIU], Army 2. Havaldar Harminder Singh / Harjinder Singh, 31 Counter Intelligence Unit [CIU], Army 79 3. Havaldar J.M. Khand / G.M. Khan , 31 Counter Intelligence Unit [CIU], Army 4. S e p o y S u r i n d e r S i n g h , 3 1 C o u n t e r Intelligence Unit [CIU], Army Case Information On 5 December 1998 at about 3:00 pm, Nissar Ahmad Dar left his ofce at Awantipora with his brother-in-law Ghulam Rasool Bhat and headed towards his house. Ghulam Rasool Bhat was riding the scooter and Nissar Ahmad Dar was seated behind him. The scooter was being followed by a gypsy vehicle and at some point they were red upon from the gypsy. 79 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] refers to this persons as “JM Khand”, whereas the Government of Jammu and Kashmir, in response to an RTI on sanctions for prosecutions under AFSPA, on 6 September 2011 refers to him as “G.M.Khan”.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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THE MAP OF SOPORE MASSACRE 6 JANUAR
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114 CHAPTER 3: COURTS OF VIOLENCE I
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CHAPTER 4: ALLEGED PERPETRATORS - A
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