STRUCTURES OF VIOLENCE

375| Structures of Violence
The family of the victim states that when the victims
did not return home from the marriage party, they went
out to search them but could not nd them. They then
approached the Soura Police Station. But the police
ofcials told them that they had no information on the
victims and that they had not taken any person into
custody. The families of the victims went to search in
all the military camps but nothing was traced out.
On 24 June 1999, two dead bodies were reported to
the Sheeri Police Station by N.S.Mehta, Assistant
th
Commandant, 135 Battalion Border Security Force
[BSF]. On 27 June 1999, another dead body was
received from the Dal lake.
Following a newspaper report in a local daily which
stated that two unidentied bodies were found and
buried in the Kichama graveyard, the families of the
victims went there and identied the bodies of Ghulam
Rasool Mattoo and Javed Ahmad Shah, on the basis
of clothes and other articles. After some more days,
there was other news about a body being found in the
Dal Lake which was later on picked up by the police
and subsequently buried in the premises of the
Zakoora Police Station. The family of Nazir Ahmad
Gilkar went there and identied the body. Later on, all
the bodies were exhumed pursuant to the orders of
district magistrates and were buried in their native
graveyards.
According to the family of Nazir Ahmad Gilkar, he was
tortured to death on the same night of his arrest and
his body was thrown into Dal Lake. The other two
victims, who were eye-witnesses to the killing of Nazir
Ahmad Gilkar, were subsequently shot dead and
buried in a graveyard at Kichama, Baramulla.
When the bodies of Javed Ahmad Shah and
Ghulam Rasool Mattoo were exhumed from the
Kichama graveyard, the Sheeri Police Station led
rst information report [FIR] no.31/1999 u/s 364
[Kidnapping/Abducting to murder], 302 [Murder],
201 [Causing disappearance of evidence/giving
false information], 120-B [Criminal Conspiracy]
Ranbir Penal Code, 1989 and the Arms Act, 1959.
When the body of Nazir Ahmad Gilkar was
recovered from the Dal Lake, the Nigeen Police
Station registered FIR no. 80/1999 u/s 302 [Murder],
364 [Kidnapping/Abducting to murder] Ranbir Penal
85
Code, 1989 . Both the cases were investigated by
the Crime Branch, Srinagar. On the orders of the
High Court, Jammu and Kashmir, the separate
charge sheets for the two FIR's were combined for a
86
joint trial . By communication dated 30 November
2013 from the Jammu and Kashmir Police a copy of
the chargesheet and FIR in 80/1999 was provided.
A separate RTI was led regarding all FIRs against
State forces in Jammu and Kashmir. By
communication dated 25 December 2013 from
Jammu and Kashmir police information was
provided that in FIR 31/1999 a chargesheet was
led on 7 September 2001. By communication
dated 22 April 2014 from the Jammu and Kashmir
Police information was provided that in FIR 31/1999
the case was closed as challaned. But, no
documents were provided.
On 25 February 2000, the High Court of Jammu and
Kashmir, Jammu, on being approached by the alleged
perpetrators, transferred the trial from Srinagar to
Jammu. Abdul Rashid Khan and Mohammad Raq
Chachoo were proceeded against u/s 512 [Record of
evidence in absence of accused] Criminal Procedure
Code, 1989 [CrPC]. Abdul Rashid Khan was
absconding while Mohammad Raq Chachoo was
undergoing psychiatric treatment. The alleged
perpetrators were granted bail during the course of
st
the trial. The 1 Additional Sessions Judge, Jammu
acquitted the alleged perpetrators on 2 February
2008. Subsequently, following an RTI, by
communication dated 24 June 2014, information was
provided that alleged perpetrator no.1 was also
acquitted by the lower court but there was an appeal
against this acquittal.
The families of the victims led a petition [Original
87
Writ Petition (OWP) 902/2008 ] before the High
Court of Jammu and Kashmir, Srinagar against the
non-ling of an appeal by the Government of
Jammu and Kashmir against the acquittal. This
remains pending.
88
Original Writ Petition's [OWP] 588/1999 and
89
68/2002 were led before the High Court, Srinagar
to provide security to the prosecution witnesses,
travelling and boarding expenses, and a translator
for the case so that the evidence could be correctly
translated. Pursuant to an order passed in OWP
588/1999, security was provided. On 23 September
2002, in OWP 68/2002 the High Court dismissed
the petition without further relief on the other
90
prayers. A Letter Patent Appeal [LPA no.171/2002]
was led against this order. The LPA was dismissed
on 9 April 2003 to approach the trial court for relief.
85 Information on both FIR's were 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 for both FIRs. Further information on FIR no.
31/1999 was sought through RTI dated 14 November 2014.
86 RTI 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 was chargesheeted on 6 December 1999.
87 Information on the petition number was sought through RTI on 4 April 2014.
88 Information on the petition number was sought through RTI on 4 April 2014.
89 Information on the petition number was sought through RTI on 16 February 2012. Information was provided.
90 Information on the petition number was sought through RTI on 16 February 2012. Information was provided.