STRUCTURES OF VIOLENCE

369| Structures of Violence
Alleged Perpetrators
1. Major Vishal Sharma, 18 Grenadiers, Army,
Chak Hajin Camp
2. Rashid Billa, Government Gunman [Ikhwan]
and Commander, Ikhwan
3. Ghulam Mohammad Margoo [Operational
name: Mohammad Pir], son of Gaffar Margoo
Government Gunman [Ikhwan]
Case Information
In January 1999, the army had come on numerous
occasions to take Gulzar Ahmad Bhat for questioning
or work at the camp. They were, according to the
family of Gulzar Ahmad Bhat, sent by the Ikhwan.
On 22 January 1999, Rashid Billa came to Gulzar
Ahmad Bhat's house and asked for money to ensure
that he would not be harassed again. The family gave
him Rs. 50,000. The reason for the harassment of
Gulzar Ahmad Bhat, according to his family, was that
he was being accused of tearing the election posters
of Kuka Parrey, a well-known Ikhwan.
On 2 February 1999 at about 4:00 pm, Major Vishal
Sharma, Rashid Billa and Ghulam Mohammad
Margoo came to the residence of Gulzar Ahmad Bhat
and abducted him.
Gulzar Ahmad Bhat was taken to the Chak Hajin
Camp. His father went to the camp where he was
asked to pay money for the release of Gulzar Ahmad
Bhat.
On the following morning, 3 February 1999, the father
of Gulzar Ahmad Bhat was informed that his son had
died in a blast at the Dodwan forest at 5:00 am during
a raid of a dump site which had been identied by the
army.
On 4 December 1999 the family received some
pieces of the body of Gulzar Ahmad Bhat.
The father of Gulzar Ahmad Bhat states that he heard
the cries of torture of the victim during the night of 2
and 3 February 1999. From information that the family
received later, a Doctor from Hajin went to the Chak
Hajin Camp at 4:00 am on 3 February 1999 and
conrmed that Gulzar Ahmad Bhat had died due to
suffocation caused by torture when a cloth had been
stuffed into his mouth.
The family of Gulzar Ahmad Bhat gave a statement to
the IPTK on 9 February 2012.
First Information Report [FIR] no.18/1999 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] and 7
[Prohibition of acquisition / possession /
manufacture / sale of prohibited arms / ammunition]
/ 25 [Punishment for certain offences] Arms Act,
81
1959 was led at the Sumbal Police Station .
The family of Gulzar Ahmad Bhat was harassed by the
army and Ikhwan to withdraw the case. The family
subsequently did not follow up on the case.
The family of Gulzar Ahmad Bhat received
Rs.1,00,000 ex-gratia government relief and
compassionate employment under SRO-43
[Statutory Rules and Orders]. The document dated 14
December 2002 from the Deputy Commissioner [DC],
Bararmulla awarding the SRO-43 benets conrms,
based on a report from the Superintendent of Police
[SP], Ganderbal, that Gulzar Ahmad Bhat was not
involved in any subversive activity.
Despite the passage of 13 years, no information
exists on whether any investigations or prosecutions
were conducted by the Jammu and Kashmir Police in
this case.
This case serves as an example of the manner in
which fear faced by families results in absolute
impunity for perpetrators of crimes.
The responsibility for this impunity necessarily is with
the Jammu and Kashmir Police which does not
ensure the necessary space or protection for families
to pursue justice.
Further, 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 Vishal Sharma.
Case No. 106
Victim Details
Mohammad Amin Shah [Extra-judicial killing]
Age: 35
Occupation: Professor of Chemistry, Degree College
Bohripora, Kupwara
Son of: Mohammad Yusuf Shah
Resident of: Didikote, Kupwara district
Sharifa Begum [Extra-judicial killing]
Age: 30
Occupation: Lecturer in Botany, Degree College,
Kupwara
Resident of: Didikote, Kupwara district
Zarifa Begum [Extra-judicial killing]
Age: 40
Occupation: Homemaker
Resident of: Didikote, Kupwara district
81 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. Further information sought through RTI on 15 October 2013. By communication dated 20 November 2013 from the
Jammu and Kashmir Police it was stated that the case had been closed by declaring the perpetrators as untraced on 10 May 1999 and
the nal report was yet to be submitted to the court. Further information sought through RTI dated 14 November 2014.