STRUCTURES OF VIOLENCE

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377| Structures of Violence victims nor their scooter was found at the police station. In cross-examination, the witness testied that the Soura Police Station has a big gate. The scooter was following his car till the Sabzi Mandi. - Witness Shagufta, the sister of Javed Ahmad Shah and cousin of Ghulam Rasool Mattoo, testied that the deceased victims had gone on a scooter to see off the bride following the wedding on 23 June 1999 at about 6:00/7:00 pm. They did not return. She along with other visited the Soura Police Station. The witness testied that she saw the scooter at the police station. The person at the gate asked them to return the following day as there was no ofcer at the police station. The gatekeeper also told them that if they do not leave the police station he would shoot them. The witness was accompanied by Farooq, Shagufta and others. The witness did not visit the police station on the following day. But, she was informed that neither the scooter nor the victims were found in the police station. During cross-examination, the witness stated that she does not know the registration number of the scooter and that it had no “specic identity”. She could not remember how she had recognized the scooter at the police station. - Witness Peer Noor-ul-Haq, a stamp vendor, testied that he was abducted by SDPO Abdul Rashid Khan and ASI Mohammad Raq Chachoo [in the judgment he is stated to have referred to him as “ASI Cheechu”] of the Soura Police Station a few days prior to 23 June 1999. He was torture for two / three days. On 23 June 1999, two persons were brought to his room. They informed him that they had been arrested when they were returning after seeing off their sister-in-law and the police had seized their money and scooter. The witness is then stated to have testied that “the cries were for about one and a half hour”. This appears to be a reference to the torture of one or more of the victims. The witness testied that he did not nd these persons the next morning. During crossexamination, the witness testied that the height of the main gate is 10 feet and there is a ve / six foot grill. - Witness Parveen testied that she along with Shagufta, Farooq Ahmad and others went to the Soura Police Station. No date is mentioned but there is a reference in the cross-examination to the bride being seen off by the victims on a scooter. Therefore presumably the police station visit took place on 23 June 1999, as referred to by other witnesses. The power was off at the police station. The gatekeeper was asked to enquire about the deceased victims. They were asked to return the following day as there was no ofcer in the police station. The gatekeeper threatened them with a gun. The wife of Javed Ahmad Shah recognized the scooter in the police station. No damage appears to have been done to her testimony in cross-examination. - Witness Mukhteyar Ahmad Bazaz testied that he along with others had gone to Buspora to see off his cousin sister. On his return he saw police personnel checking the scooter, which was bring ridden by the deceased victims, near the Soura Police Station. The victims did not return. But, on cross-examination the witness stated that he did not see the scooter of the victims being checked by the police. Following the above evidence [which included other witnesses that turned hostile], the accused did not produce any evidence in defence. Before considering the analysis of the trial court, a few preliminary comments may be made: - There exists a potentially minor discrepancy in the testimony of Shagufta, wife of Javed Ahmad Shah, as she refers to Farooq Ahmad as Farooq Jeelani. - The testimony of witness Parveen on the lack of power at the Soura Police Station may have an impact on the witnesses testimony regarding the sighting of the scooter and Farooq Ahmad's testimony that there was a light outside the interior gate. But, with the evidence presently on record, it could be argued that this testimony by itself does not discredit the other witnesses. The trial court, while pointing out contradictions between the witness testimony and on occasion their past statements to the police, did not nd strong evidence of even the sighting of the scooter at the Soura Police Station. Further, no link between the crimes and the alleged perpetrators was found. The prosecution was criticized for not building a strong case. The alleged perpetrators were therefore acquitted. The evidence in total does strongly suggest that the victims were stopped by personnel of the Soura Police Station, the scooter was sighted at the police station, and SDPO Abdul Rashid Khan and ASI Mohammad Raq Chachoo atleast appear to be in operation during the incident at the Soura Police Station. Further, the killing of all three victims is beyond doubt. But, admittedly, the evidence as it is does not indict any of the alleged perpetrators. Serious enquiries would need to be made on the fairness of the trial and whether the investigation and prosecution of this case, considering it was being
378 | Structures of Violence conducted against police ofcials, was done in a rigorous and professional manner. From the shifting of the trial to Jammu, to the various witnesses, including police personnel, who turned hostile it is clear that the alleged perpetrators were assisted, and continue to be assisted, in evading justice. Case No. 111 Victim Details [Massacre/Extra-judicial killing] Azam Khan Nisar Khan Son of: Azam Khan Yasir Khan Son of: Azam Khan Mushtaq Khan Son of: Azam Khan Shaheena Khan Daughter of: Azam Khan Javaid Khan Brother-in-law: Yasir Khan Motiya Begam Wife of: Akram Khan Firdous Khan Daughter of: Akram Khan Ruksana Khan Daughter of: Akram Khan Rashid Khan Son of: Ruksana Khan Washid Khan Son of: Ruksana Khan Hameeda Begum Wife of: Muhstaq Khan Bashir Ahmad [a neighbor] Liaqat Khan Cousin of: Azam Khan Nahida Khan Daughter of: Mushtaq Khan Alleged Perpetrators 1. Superintendent of Police [SP], J.P Singh, Jammu and Kashmir Police 2. Havaldar Mushtaq Shah, Jammu and Kashmir Police 3. Special Police Ofcer [SPO] Yasir [deceased], Jammu and Kashmir Police 4. Special Police Ofcer [SPO] Gani [deceased], Jammu and Kashmir Police 5. Special Police Ofcer [SPO] “Chavhan” [Codename], Jammu and Kashmir Police 6. Personnel of 9 Paracommandoes, Indian army, Baiaz camp Case Information 29 June 1999. Read Chapter 2: Theatres' of Violence-Part D relating to the massacre at Mohra-Bachai. Case No. 112 Victim Details Mohammad Sarwar Khan [Abduction and Extra- Judicial Killing (Custodial Killing)] Son of: Ali Asgar Khan Resident of: Qasba Haveli, Poonch District Alleged Perpetrators 1. Subedar Surjeet Singh, Company Havaldar rd Major [CHM] 1 Rashtriya Ries [RR] / 3 Sikh Battalion, Army Case Information On 13 September 1999, Mohammad Sarwar Khan was picked up by Subedar Surjeet Singh, killed in custody and then buried. First Information Report [FIR] no.91/1999 u/s 2/3 E & Imco was registered at the Poonch Police 92 Station .Further information sought through RTI dated 14 November 2014. As per the Senior Superintendent of Police [SSP], Poonch, investigations established that Mohammad Sarwar Khan was a border crosser and was killed in an encounter at “Rangwar Dhok Sawaian” on 1 November 1999. The case was closed by declaring the perpetrators as untraced. All residents of: Mohra-Bachai, Surankote, Poonch District 92 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. No information was provided. Further information sought through RTI on 15 October 2013.
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STRUCTURES OF VIOLENCE THE INDIAN S
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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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