STRUCTURES OF VIOLENCE

388 | Structures of Violence
Case No. 121
Victim Details
Ashiq Rasool Bhat [Abduction, Torture and Extra-
Judicial Killing (Fake Encounter)]
Age: 22
st
Occupation: 1 year Bachelor of Sciences [BSC]
student at Islamia College, Hawal [recently admitted] /
Was also working with a cement factory at Laar
Ganderbal
Son of: Gulzar Ahmad Bhat
Resident of: Yarmukam, Manigam, Ganderbal
Alleged Perpetrators
1. Commanding Ofcer [Colonel], 19 Rashtriya
Ries [RR], Army, Camp Manigam, Ganderbal
Case Information
The family of Ashiq Rasool Bhat states that on 13
March 2000, Ashiq Rasool Bhat left his residence for
his college at Hawal, Srinagar to submit the application
st
for his admission in the BSC 1 year programme. Then
he went to the cement factory at Laar Ganderbal to
collect his wages from his employer.
graveyard near Ganderbal Police station, at Dobipora,
Ganderbal. The family then took the body and buried it
in their native village graveyard.
The family states that Ashiq Rasool Bhat had bullet
injuries on the left side of his chest and also bore
visible torture marks on the forehead which were the
marks of the gunbutt. The police conrmed that he had
been killed in the staged battle at Waliwar by the 19 RR
camped at Manigam.
The family states that it was the alleged perpetrator
who killed the victim. The family states that the locals of
the village have given a written declaration about the
innocence of Ashiq Rasool Bhat. An autopsy was not
conducted.
Following the death of Ashiq Rasool Bhat, the family
states that the alleged perpetrator visited their house
on numerous occasions. He expressed regret on the
killings and offered relief to the family, which they
refused.
Three persons were killed and identied as militants:
Barab Khan, from Karachi, Haz Khan and Zaffer Iqbal
Querishi, also from Pakistan. One of them was later
identied as Ashiq Rasool Bhat.
The family of Ashiq Rasool Bhat states that he had quit
th
working in the factory after the declaration of his 12
Standard results. After collecting his remaining wages
of Rs. 1400 he left for his native village Manigam but
the family states that he never came home.
The family states that he had been picked up between
Laar and Manigam. The family states that they kept
searching for him everywhere, with all their neighbors
and relatives but they could not nd his whereabouts.
After three days, the family of Ashiq Rasool Bhat went
to the Ganderbal Police Station and informed the
police about his disappearance. The police gave them
a receipt for the application that the family had led but
the family states that they lost the receipt.
After 10 days, on 23 March 2000, the family states that
they received a clue from village Waliwar. The locals of
that village said that persons working with the army
were talking about the killing of a “master” with
militants. Then the family went to the Ganderbal Police
station to cross check the information given by the
locals and asked the police about recent killings in the
area. The police showed the brother of Ashiq Rasool
Bhat three photographs of the persons killed and one
of the photographs was found to be Ashiq Rasool Bhat.
The family states that on 25 March 2000, they
exhumed the body of Ashiq Rasool Bhat from a
The family of Ashiq Rasool Bhat gave a statement to
the IPTK on 22 February 2012.
First Information Report [FIR] no.63/2000 u/s 307
[Attempt to murder] Ranbir Penal Code, 1989 [RPC]
and 7 [Prohibition of acquisition /
possession/manufacture / sale of prohibited
arms/ammunition]/27 [Punishment for possessing
arms etc. with intent to use them for unlawful
purpose] Arms Act, 1959 was led at the Ganderbal
101
Police Station by the army.
The family of Ashiq Rasool Bhat led a petition before
the High Court of Jammu and Kashmir [Original Writ
Petition (OWP) 180/2003] seeking completion of
investigations. The petition states that the FIR, led by
the army, stated that an encounter took place on 14
March 2000 in Village Chantwahama where three
foreign militants were killed: Larab Khan, Haz Khan
and Zafar Iqbal Qureshi. The petition states that the
person named as Zafar Iqbal Qureshi was in fact Ashiq
Rasool Bhat.
In response to the petition led, the Union of India,
Director General of Police, Jammu and Kashmir,
Senior Superintendent of Police [SSP], Ganderbal and
Station House Ofcer [SHO], Ganderbal Police
Station, contended that while indeed Ashiq Rasool
Bhat was a local, he was also a militant and was killed
during a “erce ght” with the army.
101 Information on this FIR was 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. By communication dated 2 May 2014 from the
Jammu and Kashmir Police information was provided that the case was earlier closed as untraced but senior formations have reopened
the case and entrusted investigations to the Deputy Superintendent of Police [DSP], Headquarters for further investigations. Further
information sought through RTI dated 14 November 2014. By communication dated 18 December 2014 the same information was
repeated and in addition it was stated that the case was under investigation.