STRUCTURES OF VIOLENCE

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385| Structures of Violence Resident of: Mirwayan, Hayhama, Kupwara District Alleged Perpetrators 1. Major Hardeep Johar, 8 JAT Regiment, Army 2. Lieutenant Kehar Singh, 8 JAT Regiment, Army Case Information On 27 January 2000 during the night Mohammad Sha Khan was tortured during an army raid at his residence. The alleged perpetrators barged into the residence of the victim, Mohammad Sha Khan, and interrogated him. After some time, Mohammad Sha Khan's brother Shamsuddin Khan was asked to collect the victim. The victim had died due to severe torture. First Information Report [FIR] no.17/2000 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led 98 at the Kupwara Police Station on 27 January 2000 . The FIR states that the victim was picked by the 8 Jat at 4:00 a.m. of 27 January 2000 and beaten to death and handed over to the informant, the brother of the victim: Shamim Ahmad Khan. Both of the alleged perpetrators are named in the FIR. The alleged perpetrators asked the brother of the victim to send the victim out of the house. The victim was taken away at some distance and the alleged perpetrators interrogated him. They then asked the brother to collect the victim, who was dead. The communication of 13 January 2012 by the police informs that the investigations in the case had been closed as chargesheeted and sanction for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA] had been sought. Subsequently, sanction for prosecution had been declined. But, the case was nally closed, after denial of sanction, on 12 June 2012. The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under AFSPA, stated in relation to this case that sanction had been declined vide order dated February, 2009. The Government of Jammu and Kashmir, in response to an RTI on sanctions for prosecutions under AFSPA, stated on 6 September 2011 in relation to this case that sanction had been declined. By communication dated 9 July 2012, the Jammu and Kashmir Police provided a copy of the decline of sanction letter dated 23 February 2009. This letter states that the allegations were false and that both ofcers implicated were not present at the site of the incident. Lieutenant Kehar Singh was on leave, while Major Hardeep Johar was manning the Payarpura Post. No proof that Lieutenant Kehar Singh was actually on leave is provided. Further, the details of when and where he proceeded for his leave is not provided. Similarly, no proof that Major Hardeep Johar was present at this post during the time of the incident is provided. No alibi witnesses appear to have been examined. F u r t h e r, t h e J a m m u a n d K a s h m i r P o l i c e investigations do not appear to have been contradicted in detail by the Ministry of Defence. Further, the Jammu and Kashmir Government has not claried what course it has taken after the sanction for prosecution was declined. Case No. 118 Victim Details [Massacre/Extra-judicial killing] Asadullah War Age: 70 Resident of Palapora, Pattan, Baramulla District Javed Ahmad Bhat Age: 19 Son of: Saleema and Mohammad Ismail Resident of Pakipora, Patttan, Baramulla District Tanveera Daughter of: Mohammad Sultan War Resident of Palapora, Pattan, Baramulla District Fancy Age: 9 Daughter of: Nazir Ahmad War Resident of Palapora, Pattan, Baramulla District Mushtaq Ahmad Age: 8 months Son of: Mohammad Sidiq War Resident of Palapora, Pattan, Baramulla District Alleged Perpetrators 1. Surjeet, Assistant Sub-Inspector [ASI], Jammu and Kashmir Police 2. Manna Grenade, Government Gunman Case Information The son of Asadullah War - Ghulam Nabi War [alias Aamir-ul-Islam] - was an active militant. He became a militant in 1991 or 1992. He went across to Pakistan 98 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. On 13 January 2012, a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. By communication dated 24 December 2013 a copy of the FIR and closure report was provided. By communication dated 25 April 2014 from the Jammu and Kashmir Police a copy of the FIR was provided.
386 | Structures of Violence and then returned two years later and was active in Kashmir for about ve-six months with Hizbul Mijahideen. Due to his involvement with militancy, the army, government gunmen and the SOG punished the family repeatedly. The Hyderbaig army camp – which included the 29 RR and at a different point the Gurkha Regiment - would regularly beat the family members including Mohammad Sidiq War, Mohammad Sultan War, Nazir Ahmad – all brothers of Ghuulam Nabi, and Asadullah War, his wife Saja, Mohammad Sultan's wife Fareeda, Nazir Ahmad's wife Zareefa, and Mohammad Sidiq War's wife Mumtaza. The most horric violence that the family faced was on 9/10 February 2000. At around 1:00 am at night the Special Operations Group [SOG] along with the government gunmen came and attacked the family. The following people were at home at that point: Mohammad Siddiq War and his wife, who was pregnant then, Asadullah War, his wife Saja, Mohammad Sidiq War's son Mushtaq Ahmad who was only eight months old, Fareeda and her three children: Javed Ahmad War, Sar Ahmad War and Tanveera, Asadullah's daughter Tasleema and her seven month child Sahil Ahmad War, another daughter of Asadullah War's [Saleema] 19 year old son Javed Ahmad Bhat, and Nazir Ahmad War's daughter Fancy, who was nine years old. A total of 13 people were at home. Except for Fareeda and her children, the remaining people were all on the ground oor of the single storeyed house. That night, at 1:00 pm, there was a knock on the door. Mohammad Sidiq War was asked by his wife to hide in the chimney in the kitchen. Asadullah War opened the door. They were ordered to put their hands up. By this time everyone was awake and downstairs in the corridor. Saja had a lantern. It was a rainy day and there was snow as well. It was SOG personnel outside. But, at that point, they could not identify anyone. Immediately after opening the door they started ring indiscriminately on all the people in the corridor. Subsequently, the family came to know that the people involved were ASI Surjeet [who rose from the level of driver/constable], and Manna Grenade a government gunman. Both of them were working along with the Rashtriya Ries. Further, that night, some personnel of the Rashtriya Ries were also present. The following were killed: Assadullah War, Javed Ahmad Bhat, son of Saleema and Mohammad Ismail, Fancy, Mushtaq Ahmad and Tanveera. Many were injured. Saja was hit in the heart from a round of ring. She had to then have surgery. She is handicapped as well due to the injuries caused. The injured were taken to hospitals in Srinagar. ASI Surjeet came to the hospital at that time. He did not say anything but he was clearly keeping a watch on the family. At that point RK Jalla was in charge of the SOG, Operations. DSP Kuldeep was also present those days in the police in the area. Further, ASI Surjeet once came to the hospital and directly threatened Mohammad Sidiq War not to le a FIR. The background to this case is that some persons close to the army and SOG were killed earlier that night. Our family was attacked in a form of revenge killing. A family member of the victims gave the above statement to the IPTK The family also states that due to fear First Information Report [FIR] 30/2000 was led at Police Station Pattan against unknown gunmen. Compassionate employment and ex-gratia relief was received as well. The victim's statement is clear, and cogent evidence is presented of the killing. The role of the alleged perpetrators would have to be more comprehensively investigated. Case No. 119 Victim Details Shamim Ahmad Bhat [Torture and Extra-Judicial Killing] Age: 29 Occupation: Government employee Son of: Ghulam Mohammad Bhat Resident of: Hadipora, Handwara Alleged Perpetrators 1. Major G.K. Bhatila, 30 Rashtriya Ries [RR], Army, Camp Ghanoh Case Information On 20 February 2000, between 8:00 and 10:30 pm Shamim Ahmad Bhat was tortured in his own house. The family members of Shamim Ahmad Bhat were put in another room. The victim was tortured. He was then taken along to the army camp and released only on 24 February 2000. The victim died on 28 99 February 2000 . First Information Report [FIR] no.20/2000 u/s 364 [Kidnapping/Abducting to murder] and 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at the 100 Handwara Police Station by Ghulam Mohammad Bhat on 29 February 2000. 99 The Ministry of Defence, on 10 January 2012, in response to information sought under the Jammu and Kashmir Right to Information Act, 2009 [RTI], on sanctions for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], in relation to this case appears to place this incident on 29 February 2000. 100 Information on this FIR was sought through RTI on 7 October 2011. By communication dated 10 December 2011 a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. By communication dated 9 December 2013 from the Jammu and Kashmir Police a copy of the FIR was provided along with the denial of sanction by the Ministry of Defence. Further information sought through RTI dated 14 November 2014.
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STRUCTURES OF VIOLENCE THE INDIAN S
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114 CHAPTER 3: COURTS OF VIOLENCE I
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