STRUCTURES OF VIOLENCE

389| Structures of Violence
A letter from the Superintendent of Police [SP],
Ganderbal to the District Magistrate, Srinagar on 24
March 2000 refers to the FIR led, the contention of
the family of Ashiq Rasool Bhat and requests for
necessary orders for the exhumation of the body of
Zafar Iqbal Khan – who is believed by his family to be
the victim. There is a discrepancy on the last name of
this person as the family of Ashiq Rasool Bhat refers
to him as Zafar Iqbal Qureshi. The body of Ashiq
Rasool Bhat was exhumed based on the order of the
District Magistrate, Srinagar on 24 March 2000.
The mother of Ashiq Rasool Bhat, Mugli, had led
another petition [OWP 208/2003] with regard to the
disappearance of another son in 1989. Both these
petitions were clubbed together but then dismissed on
21 October 2005 for want of prosecution.
A restoration application was led and the petitions
were restituted as 191/2006.
OWP 180/2003 was disposed on 25 May 2009. The
stand of the SHO, Ganderbal Police Station was that
the case was closed following investigations that
revealed that three militants had been killed. The
family of Ashiq Rasool Bhat contended that this
closure report had to be led before a Magistrate for
approval. Without taking a position on this issue, but
stating that the respondents must follow the law, the
102
petition was disposed off by the High Court .
The family of Ashiq Rasool Bhat states that a case is
ongoing at the Ganderbal Court. The family of Ashiq
Rasool Bhat led an application before the Judicial
st
Magistrate 1 Class, Ganderbal seeking a reinvestigation
on the FIR led. The police authorities
submitted that Ashiq Rasool Bhat was a militant and
that a closure report in the case was going to be led
before the court. On 27 July 2010 the court ordered
that the closure report be led within one month.
The family of Ashiq Rasool Bhat has received no
relief/compensation.
It would appear that the Jammu and Kashmir Police
has continued to stick to its version of events of the
victim being a militant killed in a legitimate encounter.
But, despite the passage of twelve years and at least
until 2010, based on information available, the police
has failed to allow a court to scrutinize its ndings.
This delay has effectively allowed the perpetrators of
the crime to evade justice. This has been further
compounded by the manner in which the High Court
did not assert itself and monitor investigations to
enquire if the victim was killed under legal
circumstances.
Finally, the available documents do not suggest that
even a Court-Martial was conducted in this case by
the army.
Case No. 122
Victim Details
Mohammad Maqbool Dar [Abduction, Torture and
Extra-Judicial Killing]
Age: 25
Occupation: Farmer/ “Reddah wallah” [Cart man]
103
Son of: Mohammad Ramzan Dar
Resident of: Batapora, Magam, Handwara, Kupwara
District
Alleged Perpetrators
104
1. Major R.S. Athreye / R.S.Athar Anand , 24
Rashtriya Ries [RR], Army, Camp Magam
2. Captain R. Awasthi, 24 Rashtriya Ries [RR],
Army, Camp Magam
Case Information
On 13 March 2000 [the family of the victim is unsure of
the actual date], at about 10:00 am, the various cart
men were called to the army camp at Magam.
Mohammad Maqbool Dar was identied in a line up at
the camp, a Pheran [Kashmiri winter wear] was
placed over him, and while the others were allowed to
leave by about 12:00 noon, he was not. The villagers
then went to the army camp and requested that
Mohammad Maqbool Dar be released, but he was not
released.
Subsequently, when the relatives of the Mohammad
Maqbool Dar went to the camp they were informed
that he had ed.
Later on, at the intervention of a politician, Mushtaq
Lone, the body of Mohammad Maqbool Dar was
received at the Watayin Camp. Mohammad Maqbool
Dar was still alive but in a very criticial condition. His
body bore burn marks and was severely tortured.
Mohammad Maqbool Dar was taken to the Sher-e-
Kashmir Institute of Medical Sciences [SKIMS],
Soura, Srinagar, where he succumbed to his injuries
on 1 April 2000.
For about two years following the death of
102 Information on the petition number OWP 180/2003 was sought through RTI on 16 February 2012. No information was provided.
Information on this petition was sought again on 4 April 2014. Information on OWP 208/2003 was sought through RTI on 2 July 2012.
Information was provided.
103 The Government of Jammu and Kashmir, in response to information sought under the Jammu and Kashmir Right to Information Act,
2009 [RTI] on sanctions for prosecutions under Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], on 6
September 2011 in relation to this case mistakenly refers to the father of the victim as: “Samad Dar”.
104 The Government of Jammu and Kashmir, in response to a RTI on sanctions for prosecutions under AFSPA, on 6 September 2011 in
relation to this case refers to this person as “RS Athar Anand”, whereas the Ministry of Defence, in its afdavit before the High Court of
Jammu and Kashmir in 2009 on sanctions for prosecution under AFSPA refers to him as: “RS Athreye”.