STRUCTURES OF VIOLENCE

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383| Structures of Violence 1. Major Raghwan R. Singh, 5 Kumaon Regiment, Army, Camp Nagam 2. An unnamed Junior Commissioned Ofcer [JCO], Army Case Information On 14 January 2000 at 10:00 pm Abdul Rashid Bhat was killed in a fake encounter. In the FIR Abdul Rashid Bhat was claimed to be an Afghan national and a member of the Laskar-e-Toiba with a code name “Jehangir”. On the day of the incident Abdul Rashid Bhat had gone out to purchase a cow. He was arrested by the personnel of the Radar Camp and then handed over to the Nagam Camp. His body was handed over to the police and buried. Subsequently, it was exhumed. The body was identied by the mother of the victim, Raja, and Ghulam Rasool Bhat. First Information Report [FIR] no.8/2000 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at the Chadoora Police Station on 15 January 2000. Information on this FIR was sought through RTI on 7 October 2011. Information was provided on 27 December 2011. It was stated that on 15 January 2000 Army 5 “Kumar” unit Nagam C/O APO 56 APO reported at Chadoora Police Station with a written application to the effect that one foreign militant had been killed in an encounter. FIR no. 8/2000 u/s 307 [Attempt to murder] Ranbir Penal Code, 1989 [RPC] was registered and investigation taken up. The deceased was identied as Abdul Rashid Bhat, son of Ghulam Mohammad Bhat, resident of Hanjura, Budgam, who was an innocent person and Section 302 [Murder] Ranbir Penal Code, 1989 [RPC] was added to the case. The case was closed as chaargesheeted and sanction for prosecution under AFSPA sought. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014. 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], stated in relation to this case that it was received in October 2008 and was under consideration. 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 prosecution under AFSPA, stated on 6 September 2011 in relation to this case that sanction was awaited. The Ministry of Defence, in response to a RTI on sanctions for prosecution, stated on 10 January 2012 in relation to this case that sanction was declined on 29 November 2011. Further, the Ministry of Defence communication claims that “post-mortem report of the dead body reected no injuries except a scratch on right wrist. The successive re-investigation of the case by police have recorded doctored statements of the witnesses much after the event to falsely implicate the ofce and Junior Commissioned Ofcer”. The family of the victim approached the SHRC and were granted relief. It is noteworthy that it took the Jammu and Kashmir Police and Government of Jammu and Kashmir eight years to investigate and process the case for acquiring sanction for prosecution under AFSPA, which apparently helped the perpetrators in evading justice. This case is another example of how the armed forces have carried out fake encounters and killed people unlawfully for rewards and other benets. Also noteworthy is the manner in which the Abdul Rashid Bhat after being killed in a fake encounter was claimed as a foreign militant and buried in an unmarked grave. The Ministry of Defence position on the post-mortem report is untenable as the army itself claimed in the FIR that the victim was killed in an encounter. This contradiction in of itself raises serious doubts on the position of the Ministry of Defence and the decline of sanction. The claim of the Ministry of Defence that the Jammu and Kashmir Police recorded doctored statements long after the events to falsely implicate the army is not substantiated. While making such sweeping statements the Ministry of Defence has not only provided impunity to the alleged perpetrators but also expressed their unwillingness and hostility towards any police investigation. Case No. 116 Victim Details 1. Mohammad Amin [Torture and Extra-Judicial Killing] Son of: Habib-Ullah Malik Resident of: Tendla, Doda District 2. Jaffar Hussain [Torture and Extra-Judicial Killing] Son of: Ghulam Nabi Malik Resident of: Tendla, Doda District 3. Abdul Majeed [Torture and Extra-Judicial Killing] Son of: Ahad Wani Resident of: Tendla, Doda District 4. Noor Mohammad [Torture] Son of: Abdul Sattar Resident of: Tendla, Doda District 5. Abdul Rashid [Torture]
384 | Structures of Violence Son of: Mohammad Ramzan Resident of: Tendla, Doda District 6. Parvaiz Ahmad [Torture] Son of: Faiz Ahmad Resident of: Banatyas, Doda District 7. Anayat-Ullah [Torture] Son of: Din Mohammad Naik Resident of: Bhatyas, Doda District 8. Mohammad Abdullah [Torture] Son of: Alaf Din Resident of: Doloo, Doda District 9. Javed Iqbal [Torture] Son of: Mohammad Sha Wani Resident of: Tendla, Doda District 10. Abdul Qayoom [Torture] Son of: Alia Khanday Resident of: Chillibala, Doda District 11. Mohammad Ramzan Malik [Torture] Son of: Gulla Malik Resident of: Tendla, Doda District 12. Liaqat Ali [Torture] Son of: Munawar Din Resident of: Tendla, Doda District 13. Arshad Hussain Malik [Torture] Son of Abdul Rashid Malik Resident of: Dadian, Doda District 14. Javed Ahmad [Torture] Son of: Mohammad Ramzan Resident of: Dadian, Doda District 15. Farooq Ahmad [Torture] Son of: Noor Mohammad Resident of: Tendla, Doda District 16. Abdul Gani [Torture] Son of: Ali Mohammad Resident of: Dadian, Doda District Alleged Perpetrators th 1. D. N. Gupta, 5 Sikh Light Infantry [Sikh LI], Army th 2. Major Ranjan Mahahan, 5 Sikh Light Infantry [Sikh LI], Army th 3. Captain Vineet, 5 Sikh Light Infantry [Sikh LI], Army Case Information The victims were called to the army post Gandoh on 21 January 2000. They were severely tortured by the alleged perpetrators due to which Mohammad Amin, Jaffar Hussain and Abdul Majeed died. The others were injured. First Information Report [FIR] no. 4/2000 u/s 302 [Murder], 307 [Attempt to murder], 109 [Abetment] Ranbir Penal Code, 1989 [RPC] was led at the 97 Gandoh Police Station on 22 January 2000 . The State Human Rights Commission [SHRC] instituted the proceedings on 10 July 2000 and a nal decision was delivered on 2 June 2008, and Rs. 2,00,000 relief was recommended for families of Mohammad Amin, Jaffar Hussain and Abdul Majeed, and compassionate employment under SRO-43 [Statutory Rules and Orders]. It was noted that Rs. 1,00,000 had already been paid. Rs. 75,000 was recommended for each of the other victims. The document on record that may be considered for the purpose of analysis is the SHRC decision of 2 June 2008. The SHRC arrived at its decision by considering the following: - A magisterial enquiry was conducted by Sub- District Magistrate, Bhaderwah where witness statements were considered and it was concluded that the alleged perpetrators were responsible for the deaths and injuries caused to the victims. It was also noted that due to threats from the army the witnesses had submitted afdavits denying the charges. - The report of Senior Superintendent of Police [SSP], Doda, dated 13 September 2000, was also considered. This report, without naming the alleged perpetrators, conrmed that the victims had been called to the army post Gandoh on 21 January 2000, were tortured and Mohammad Amin, Jaffar Hussain and Abdul Majeed died whereas the others sustained injuries. Further, that the post-mortem reports of the three dead victims indicated the cause of death being shock due to trauma. With regard to the injured persons, the medical ofcer had reported that the injuries had been caused by a blunt object. Based on the above, the SHRC found in favor of the victims and recommended that the investigation in the FIR registered be nalized. It is unfortunate that the SHRC in this case took seven years to deliver its nal decision. It appears that in 2009, a chargesheet was led and this remains sub-judice before the Sessions Court, Bhaderwah. The available documents do not suggest that a Court- Martial was conducted in this case by the army. Therefore, the criminal case appears to remain pending to date – 14 years after the incident. It is likely that this case may have been sent for sanction for prosecution, but no record of the same exists. Case No. 117 Victim Details Mohammad Sha Khan [Torture and Extra-Judicial Killing] Brother of: Shams-ud-din Khan 97 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. By communication dated 28 March 2014 a copy of the FIR and nal report were provided. Further information sought through RTI dated 14 November 2014.
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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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