STRUCTURES OF VIOLENCE

Recommendations

Info

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”.
390 | Structures of Violence Mohammad Maqbool Dar his family faced harassment from army ofcials in relation to the case being pursued. First Information Report [FIR] no. 30/2000 u/s 343 [Wrongful connement for three or more days], 346 [Wrongful connement in secret] and 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at the Handwara Police Station on 18 March 2000 for the 105 disappearance of the victim. ] was led at the Handwara Police Station on 18 March 2000 for the disappearance of the victim. By communication dated 10 December 2011 from the Jammu and Kashmir Police it was stated that the case was closed by declaring the perpetrators as untraced on 3 June 2010. A copy of the closure report states that the army ofcials did not provide statements before the police and that the case was being forwarded to the Home Ministry for prosecution sanction under AFSPA. Further, that the case was closed as untraced as nothing nally happened in the case. By communication dated 9 July 2012 from the Jammu and Kashmir Police a copy of the FIR was provided and it was stated that a nal report in the case was led on 1 March 2012. The family of Mohammad Maqbool Dar received Rs.1,00,000 ex-gratia government relief and have not received compassionate employment under SRO-43 [Statutory Rules and Orders]. At the time of the incident, the next of kin of the victim, his son, was a minor. As the son is no longer a minor, the family is hopeful of him receiving compassionate employment. The family of the victim gave a statement to the IPTK on 15 February 2012. The Ministry of Defence, in its afdavit before the High Court in 2009 on sanctions for prosecution under AFSPA, stated in relation to this case that sanction was declined vide order dated 26 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. Further, the Ministry of Defence, in response to an RTI on 10 January 2012 on sanctions for prosecution under AFSPA, while conrming the decline of the sanction states that: “the FIR and the statement of witnesses stand in contradiction. The unilateral conclusions reached by the police appeared to have been made under pressure from terrorists and sympathizers to blame and malign the image of the army”. The police investigations into the extra-judicial killing of Mohammad Maqbool Dar which led to seeking sanction for prosecution under AFSPA has been questioned by the Ministry of Defence on grounds of there being contradictions on record and claiming it to be a result of pressure from terrorists and sympathizers for maligning the image of the army. No details on the contradictions are provided. The noncooperation of the army with the police investigations may have led to discrepancies for which the army should also share the blame. It appears that the army deliberately chose not to assist the investigations and later used this in its favour. The assertion by the Ministry of Defence that the police has failed to conduct a fair investigation because of pressure suggests that the army is at loggerheads with the Jammu and Kashmir Police which results in delay or denial of justice. Strangely, the police after nalizing the investigations against the alleged perpetrators closed the case due to the non-cooperation of the army without seeking any judicial assistance and only led a report before the court in March 2012. The evidence against the army was strengthened by the support of Mushtaq Lone, the then Minister of State for Home Affairs, who helped in getting the body of Mohammad Maqbool Dar from the Watayin army camp. Mushtaq Lone was assassinated on 11 September 2002. It needs to be ascertained whether the police took a statement from Mushtaq Lone which would have been crucial evidence in this case. Case No. 123 Victim Details 1. Zahoor Ahmad Dalal [Abduction and Extra- Judicial Killing (Fake Encounter)] Son of: Abdul Gaffar Dalal Resident of: Moominabad, Islamabad District 2. Bashir Ahmad Bhat [Abduction and Extra- Judicial Killing (Fake Encounter)] Son of: Abdul Aziz Bhat Resident of: Halan, Verinag, Islamabad District 3. Mohammad Yousuf Malik [Abduction and Extra-Judicial Killing (Fake Encounter)] Son of: Abdul Kabir Malik Resident of: Halan, Verinag, Islamabad District 4. Jumma Khan [Abduction and Extra-Judicial Killing (Fake Encounter)] Age: 55 Son of: Fakir Khan Resident of: Brari Angan, Islamabad District 5. Jumma Khan [Abduction and Extra-Judicial Killing (Fake Encounter)] Age: 53 Son of: Amir Ullah Khan 105 Information on this FIR was sought through RTI on 7 October 2011. 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. Further information sought through RTI dated 14 November 2014.
Page 4 and 5:
STRUCTURES OF VIOLENCE THE INDIAN S
Page 6:
We must take sides. Neutrality help
Page 9 and 10:
Testimony 31: Nazir Ahmad Zarger, v
Page 11 and 12:
1 | Structures of Violence ACKNOWLE
Page 13 and 14:
3 | Structures of Violence Context
Page 15 and 16:
5 | Structures of Violence the publ
Page 17 and 18:
7 | Structures of Violence human ri
Page 19 and 20:
9 | Structures of Violence
Page 21 and 22:
11 | Structures of Violence Chart N
Page 23 and 24:
13 | Structures of Violence The str
Page 25 and 26:
15 | Structures of Violence camps,
Page 27 and 28:
17 | Structures of Violence Tapper.
Page 29 and 30:
19 | Structures of Violence HM when
Page 31 and 32:
21 | Structures of Violence and the
Page 33 and 34:
23 | Structures of Violence all thi
Page 35 and 36:
25 | Structures of Violence the tim
Page 37 and 38:
27 | Structures of Violence money.
Page 39 and 40:
29 | Structures of Violence • Moh
Page 41 and 42:
31 | Structures of Violence detaine
Page 43 and 44:
33 | Structures of Violence S.No Na
Page 45 and 46:
35 | Structures of Violence The Tap
Page 47 and 48:
37 | Structures of Violence of the
Page 49 and 50:
39 | Structures of Violence had bee
Page 51 and 52:
41 | Structures of Violence 50,000.
Page 53 and 54:
43 | Structures of Violence rupees
Page 55 and 56:
45 | Structures of Violence investi
Page 57 and 58:
47 | Structures of Violence Year 19
Page 59 and 60:
49 | Structures of Violence Individ
Page 61 and 62:
51 | Structures of Violence Therefo
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
61 | Structures of Violence LIST 2:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
67 | Structures of Violence A NOTE
Page 79 and 80:
69 | Structures of Violence “Oppr
Page 81 and 82:
71 | Structures of Violence Abli Da
Page 83 and 84:
73 | Structures of Violence 36 torc
Page 85 and 86:
75 | Structures of Violence any mil
Page 87 and 88:
77 | Structures of Violence 71 Kuna
Page 89 and 90:
79 | Structures of Violence consist
Page 91 and 92:
81 | Structures of Violence Militar
Page 93 and 94:
83 | Structures of Violence Introdu
Page 95 and 96:
85 | Structures of Violence anyone
Page 97 and 98:
87 | Structures of Violence re tend
Page 99 and 100:
89 | Structures of Violence through
Page 101 and 102:
THE MAP OF SOPORE MASSACRE 6 JANUAR
Page 103 and 104:
94 | Structures of Violence accoste
Page 105 and 106:
96 | Structures of Violence Ahmad D
Page 107 and 108:
98 | Structures of Violence Introdu
Page 109 and 110:
100 | Structures of Violence surviv
Page 111 and 112:
102 | Structures of Violence A brie
Page 113 and 114:
104 | Structures of Violence E. CHI
Page 115 and 116:
106 | Structures of Violence Shakoo
Page 117 and 118:
108 | Structures of Violence before
Page 119 and 120:
110 | Structures of Violence three
Page 121 and 122:
Page 123 and 124:
114 CHAPTER 3: COURTS OF VIOLENCE I
Page 125 and 126:
116 | Structures of Violence in whi
Page 127 and 128:
118 | Structures of Violence Most o
Page 129 and 130:
120 | Structures of Violence countr
Page 131 and 132:
122 | Structures of Violence serve
Page 133 and 134:
124 | Structures of Violence and Ka
Page 135 and 136:
CHAPTER 4: ALLEGED PERPETRATORS - A
Page 137 and 138:
128 | Structures of Violence passag
Page 139 and 140:
130 | Structures of Violence TABLE
Page 141 and 142:
132 | Structures of Violence 61. Ch
Page 143 and 144:
134 | Structures of Violence [subse
Page 145 and 146:
136 | Structures of Violence Army 3
Page 147 and 148:
138 | Structures of Violence Shahpu
Page 149 and 150:
140 | Structures of Violence Border
Page 151 and 152:
142 | Structures of Violence of Pol
Page 153 and 154:
144 | Structures of Violence 763. S
Page 155 and 156:
146 | Structures of Violence 904. M
Page 157 and 158:
148 | Structures of Violence ENFORC
Page 159 and 160:
Page 161 and 162:
152 | Structures of Violence PART B
Page 163 and 164:
154 | Structures of Violence is use
Page 165 and 166:
156 | Structures of Violence Allege
Page 167 and 168:
158 | Structures of Violence CRPF b
Page 169 and 170:
160 | Structures of Violence inform
Page 171 and 172:
162 | Structures of Violence The na
Page 173 and 174:
164 | Structures of Violence compas
Page 175 and 176:
166 | Structures of Violence prosec
Page 177 and 178:
168 | Structures of Violence Furthe
Page 179 and 180:
170 | Structures of Violence the di
Page 181 and 182:
172 | Structures of Violence submis
Page 183 and 184:
174 | Structures of Violence that i
Page 185 and 186:
176 | Structures of Violence before
Page 187 and 188:
178 | Structures of Violence subseq
Page 189 and 190:
180 | Structures of Violence The on
Page 191 and 192:
182 | Structures of Violence SHRC.
Page 193 and 194:
184 | Structures of Violence 2001 t
Page 195 and 196:
186 | Structures of Violence on 25
Page 197 and 198:
188 | Structures of Violence prosec
Page 199 and 200:
190 | Structures of Violence father
Page 201 and 202:
192 | Structures of Violence 2013 f
Page 203 and 204:
194 | Structures of Violence dispos
Page 205 and 206:
196 | Structures of Violence Chairk
Page 207 and 208:
198 | Structures of Violence to thi
Page 209 and 210:
200 | Structures of Violence on 15
Page 211 and 212:
202 | Structures of Violence and it
Page 213 and 214:
204 | Structures of Violence promis
Page 215 and 216:
206 | Structures of Violence which
Page 217 and 218:
208 | Structures of Violence army h
Page 219 and 220:
210 | Structures of Violence [Numbe
Page 221 and 222:
212 | Structures of Violence The SH
Page 223 and 224:
214 | Structures of Violence Abdul
Page 225 and 226:
216 | Structures of Violence Case N
Page 227 and 228:
Page 229 and 230:
220 | Structures of Violence Mohamm
Page 231 and 232:
222 | Structures of Violence 1. Com
Page 233 and 234:
eferred to]. - The contention of th
Page 235 and 236:
226 | Structures of Violence Yousuf
Page 237 and 238:
228 | Structures of Violence At abo
Page 239 and 240:
230 | Structures of Violence Ashwan
Page 241 and 242:
232 | Structures of Violence It is
Page 243 and 244:
234 | Structures of Violence Mehraj
Page 245 and 246:
236 | Structures of Violence On 2 M
Page 247 and 248:
238 | Structures of Violence Regime
Page 249 and 250:
240 | Structures of Violence Januar
Page 251 and 252:
242 | Structures of Violence Furthe
Page 253 and 254:
244 | Structures of Violence report
Page 255 and 256:
246 | Structures of Violence 1. M a
Page 257 and 258:
248 | Structures of Violence On 12
Page 259 and 260:
250 | Structures of Violence were t
Page 261 and 262:
252 | Structures of Violence The re
Page 263 and 264:
254 | Structures of Violence over t
Page 265 and 266:
256 | Structures of Violence The 22
Page 267 and 268:
258 | Structures of Violence kidnap
Page 269 and 270:
260 | Structures of Violence - A le
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
266 | Structures of Violence Ghulam
Page 277 and 278:
268 | Structures of Violence His fr
Page 279 and 280:
270 | Structures of Violence killin
Page 281 and 282:
272 | Structures of Violence elsewh
Page 283 and 284:
Page 285 and 286:
276 | Structures of Violence were t
Page 287 and 288:
278 | Structures of Violence Case I
Page 289 and 290:
280 | Structures of Violence applic
Page 291 and 292:
282 | Structures of Violence postmo
Page 293 and 294:
284 | Structures of Violence The Go
Page 295 and 296:
286 | Structures of Violence High C
Page 297 and 298:
Page 299 and 300:
290 | Structures of Violence On 7 A
Page 301 and 302:
292 | Structures of Violence The ir
Page 303 and 304:
294 | Structures of Violence abduct
Page 305 and 306:
296 | Structures of Violence was se
Page 307 and 308:
Page 309 and 310:
300 | Structures of Violence Occupa
Page 311 and 312:
302 | Structures of Violence incide
Page 313 and 314:
304 | Structures of Violence The Mi
Page 315 and 316:
306 | Structures of Violence th 1.
Page 317 and 318:
308 | Structures of Violence this,
Page 319 and 320:
310 | Structures of Violence The fa
Page 321 and 322:
312 | Structures of Violence The no
Page 323 and 324:
314 | Structures of Violence It was
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
320 | Structures of Violence statem
Page 331 and 332:
322 | Structures of Violence Abdul
Page 333 and 334:
324 | Structures of Violence the vi
Page 335 and 336:
Page 337 and 338:
328 | Structures of Violence to tak
Page 339 and 340:
330 | Structures of Violence It app
Page 341 and 342:
Page 343 and 344:
334 | Structures of Violence Occupa
Page 345 and 346:
336 | Structures of Violence the en
Page 347 and 348: 338 | Structures of Violence stay w
Page 349 and 350: 340 | Structures of Violence Gund I
Page 351 and 352: 342 | Structures of Violence so for
Page 353 and 354: 344 | Structures of Violence Kuldee
Page 355 and 356: 346 | Structures of Violence accomp
Page 357 and 358: 348 | Structures of Violence The Mi
Page 359 and 360: 350 | Structures of Violence Ghulam
Page 361 and 362: 352 | Structures of Violence Case I
Page 363 and 364: 354 | Structures of Violence First
Page 365 and 366: 356 | Structures of Violence prosec
Page 367 and 368: 358 | Structures of Violence Nabdi]
Page 369 and 370: 360 | Structures of Violence Superi
Page 371 and 372: 362 | Structures of Violence Case I
Page 373 and 374: 364 | Structures of Violence at Pol
Page 375 and 376: 366 | Structures of Violence The in
Page 377 and 378: 368 | Structures of Violence Allege
Page 379 and 380: 370 | Structures of Violence Snober
Page 381 and 382: 372 | Structures of Violence the FI
Page 383 and 384: 374 | Structures of Violence Govern
Page 385 and 386: 376 | Structures of Violence The in
Page 387 and 388: 378 | Structures of Violence conduc
Page 389 and 390: 380 | Structures of Violence 1. Ghu
Page 391 and 392: 382 | Structures of Violence variou
Page 393 and 394: 384 | Structures of Violence Son of
Page 395 and 396: 386 | Structures of Violence and th
Page 397: 388 | Structures of Violence Case N
Page 401 and 402: 392 | Structures of Violence Allege
Page 403 and 404: 394 | Structures of Violence author
Page 405 and 406: 396 | Structures of Violence Case N
Page 407 and 408: 398 | Structures of Violence resist
Page 409 and 410: 400 | Structures of Violence On rec
Page 411 and 412: 402 | Structures of Violence invest
Page 413 and 414: 404 | Structures of Violence and st
Page 415 and 416: 406 | Structures of Violence The fa
Page 417 and 418: 408 | Structures of Violence Police
Page 419 and 420: 410 | Structures of Violence Once a
Page 421 and 422: 412 | Structures of Violence by the
Page 423 and 424: 414 | Structures of Violence Major
Page 425 and 426: 416 | Structures of Violence The fa
Page 427 and 428: 418 | Structures of Violence was ap
Page 429 and 430: 420 | Structures of Violence The vi
Page 431 and 432: 422 | Structures of Violence A case
Page 433 and 434: 424 | Structures of Violence Chauha
Page 435 and 436: 426 | Structures of Violence On 30
Page 437 and 438: 428 | Structures of Violence The we
Page 439 and 440: 430 | Structures of Violence Case N
Page 441 and 442: 432 | Structures of Violence Corres
Page 443 and 444: 434 | Structures of Violence as he
Page 445 and 446: 436 | Structures of Violence ADMITT
Page 447 and 448: 438 | Structures of Violence Once a
Page 449 and 450:
440 | Structures of Violence has ma
Page 451 and 452:
442 | Structures of Violence [RR],
Page 453 and 454:
Page 455 and 456:
446 | Structures of Violence depart
Page 457 and 458:
448 | Structures of Violence and Mo
Page 459 and 460:
450 | Structures of Violence CRPF,
Page 461 and 462:
Page 463 and 464:
454 | Structures of Violence Baramu
Page 465 and 466:
456 | Structures of Violence family
Page 467 and 468:
458 | Structures of Violence employ
Page 469 and 470:
460 | Structures of Violence despit
Page 471 and 472:
462 | Structures of Violence and fa
Page 473 and 474:
464 | Structures of Violence eviden
Page 475 and 476:
466 | Structures of Violence the al
Page 477 and 478:
468 | Structures of Violence to eye
Page 479 and 480:
470 | Structures of Violence not pr
Page 481 and 482:
472 | Structures of Violence jumped
Page 483 and 484:
474 | Structures of Violence Mohamm
Page 485 and 486:
476 | Structures of Violence it is
Page 487 and 488:
478 | Structures of Violence refers
Page 489 and 490:
480 | Structures of Violence Superi
Page 491 and 492:
Page 493 and 494:
484 | Structures of Violence PART D
Page 495 and 496:
Page 497 and 498:
488 | Structures of Violence [Name
Page 499 and 500:
490 | Structures of Violence pertin
Page 501 and 502:
492 | Structures of Violence 1. Maj
Page 503 and 504:
494 | Structures of Violence - The
Page 505 and 506:
496 | Structures of Violence proces
Page 507 and 508:
498 | Structures of Violence The pe
Page 509 and 510:
Page 511 and 512:
502 | Structures of Violence PART E
Page 513 and 514:
504 | Structures of Violence Lettar
Page 515 and 516:
506 | Structures of Violence him fo
Page 517 and 518:
508 | Structures of Violence 1. Mal
Page 519 and 520:
510 | Structures of Violence First
Page 521 and 522:
512 | Structures of Violence activi
Page 523 and 524:
514 | Structures of Violence As per
Page 525 and 526:
Page 527 and 528:
518 | Structures of Violence was a
Page 529 and 530:
520 | Structures of Violence invest
Page 531 and 532:
522 | Structures of Violence After
Page 533 and 534:
524 | Structures of Violence The IP
Page 535 and 536:
Page 537 and 538:
528 | Structures of Violence Ramesh
Page 539 and 540:
530 | Structures of Violence the in
Page 541 and 542:
532 | Structures of Violence house.
Page 543 and 544:
534 | Structures of Violence and so
Page 545 and 546:
536 | Structures of Violence Mujahi
Page 547 and 548:
Page 549:
show all

STRUCTURES OF VIOLENCE

Create successful ePaper yourself

Delete template?

Save as template?