STRUCTURES OF VIOLENCE

382 | Structures of Violence
various fronts that the family of the victim in the instant
case have had to struggle against.
The above documents on record therefore clearly
indict the alleged perpetrators in the crime of
abduction and killing of the victim. But, despite this and
the passage of 13 years, the perpetrators have evaded
justice. Further, the available documents do not
suggest that even a Court-Martial was conducted in
this case by the army.
A nal note on information present online which states
that the investigating ofcer in this case informed the
High Court that the Crime Branch has received
communication from the Army authorities stating that
Major Adjutant R Nunia and Major Sunny Kurian have
shot dead Bhat.
It is clear that further investigations will reveal the true
accused behind this crime.
Case No. 114
Victim Details
Mohammad Ramzan Malla [Torture, Extra-judicial
killing]
Age: 32 years
Occupation: Shopkeeper [Afliated with JKLF (1992-
1995)]
Son of: Asadullah Malla
Resident of: Dodhbugh, Wagoora, Baramulla
Alleged Perpetrators
1. Deepak, Major, 29 Rashtriya Ries [RR],
Shumlaran camp
Case Information
The victim was earlier afliated with JKLF; he
surrendered on 6 December 1995 before the 29 RR.
After that he was ordered to appear in Shumlaran
29RR camp on every Sunday. After he surrendered
he started his shop of provision store at Dodhbugh
market. He was living his normal life and was
appearing to the camp till 1999.
On 11 November 1999, Major Deepak [ofcer in
command] along with his personnel of Shumlaran
camp picked the victim from his shop at 11:00 am. The
other shopkeepers saw him been picked up by the
above said ofcer. They approached the family and
informed them that the victim was picked up. There in
the camp he was kept till 14 November 1999. On 14
November 1999, the three brothers of the victim
namely Abdul Rasheed Malla, Ghulam Hassan Malla,
Abdul Aziz Malla, went to the camp to see the victim.
There in the camp the victim was handed over to the
three brothers, but in a very bad condition. The trio
took the victim straight away to the Baramulla Hospital.
From there he was referred to SMHS Hospital in
Srinagar on the same day. At about 10:05 pm he died
on the same day. As per the medical reports the victim
was made to drink petrol and was brutally tortured
which caused his death. On 15 November 1999, the
dead body was handed over to family and was referred
to Baramulla Hospital again for post-mortem. After
post-mortem the family took the dead body home for
funeral, but police went along with the dead body. On
the way taking the dead body to home, army stopped
the ambulance carrying dead body at Rampura. Army
was not allowing the body to be taken home. It was the
army of Shumlaran camp. The ambulance was
stopped there for 2-3 hours. Then local police who
were along managed to get the body released. Then
the family did the funeral.
After the killing Major Deepak came to the house to
offer money. But the family refused to accept money. In
2007, the son of the victim namely Tanveer Ahmad
Malla led the case in State Human Rights
Commission [SHRC]. The judgment was in favor of
the family. The family has received ex-gratia of Rs. 1
lakh. But Statutory Rules and Orders [SRO 43]
[compassionate employment] has not been given yet.
Now the case is before Deputy Commissioner,
Baramulla.
The son of the victim, Tanveer Ahmad Malla, gave the
above statement to the IPTK on 27 May 2015.
On le is a copy of the SHRC decision dated 5 March
2012. Based on police report before the SHRC, it was
found that the victim was picked up by the army and
tortured to death in custody. For the implementation of
this SHRC decision, and for the registration of FIR, a
writ petition, OWP 1327/2015, was led before the
Jammu and Kashmir High Court. Notice was issued by
the High Court on 7 August 2015.
In addition, the witness statement is clear, further
investigations are warranted as there are eyewitnesses
to this incident whose evidence should be
recorded.
Case No. 115
Victim Details
96
Abdul Rashid Bhat [Extra-Judicial Killing (Fake
encounter)]
Son of: Ghulam Mohammad Bhat, Raja
Resident of: Hanjoora, Chadoora, Budgam District
Alleged Perpetrators
96 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], and the Government of Jammu and Kashmir, in response to
information sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on sanctions for prosecutions under AFSPA, on
6 September 2011, wrongly refer to the victim as Ghulam Rasool Bhat or a variation of the same.