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STRUCTURES OF VIOLENCE

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392 | Structures of Violence<br />

Alleged Perpetrators<br />

1. Assistant Sub-Inspector [ASI] Ashok Kumar,<br />

Special Operations Group [SOG], Jammu and<br />

Kashmir Police<br />

2. Head Constable Krishan Kumar, Special<br />

Operations Group [SOG], Jammu and<br />

Kashmir Police<br />

3. Selection Grade Constable Chaman Lal,<br />

Special Operations Group [SOG], Jammu and<br />

Kashmir Police<br />

4. Sub-Inspector [SI] R.P. Roy, Commander,<br />

Central Reserve Police Force [CRPF]<br />

5. Constable P.C. Hundique, Central Reserve<br />

Police Force [CRPF]<br />

6. Constable Shyam Kumar, Central Reserve<br />

Police Force [CRPF]<br />

7. Constable S.V. Limbekar [Operational name:<br />

Venkati], Central Reserve Police Force<br />

[CRPF]<br />

Case Information<br />

3 April 2000.<br />

Read Chapter 2: Theatres' of Violence-Part E relating<br />

to the ring at Brakpora.<br />

Case No. 126<br />

Victim Details<br />

Tariq Ahmad Sheikh [Abduction, Torture and Extra-<br />

Judicial Killing (Fake encounter)]<br />

Age: 22<br />

Son of: Abdul Aziz Sheikh [deceased], Fazi Bano<br />

Spouse: Fahmeeda<br />

Resident of: Peht Zanigam, Beerwah, Budgam District<br />

Alleged Perpetrators<br />

th<br />

1. Birendra Kumar Jha, 108 Battalion Border<br />

th<br />

Security Force [BSF] [presently 11 Battalion<br />

BSF]<br />

th<br />

2. Head Constable Ramesh Lal, 140 Battalion<br />

Border Security Force [BSF]<br />

107 th<br />

3. Constable Madan Lal , 4 Battalion Border<br />

Security Force [BSF]<br />

Case Information<br />

As per the family of Tariq Ahmad Sheikh, on 17 April<br />

2000, at about 6:00 am, the victim was picked up from<br />

his residence by the BSF forces that came in three or<br />

four cars.<br />

On that day one of the villagers at the scene was given<br />

a phone number of the BSF Camp, Rawalpora,<br />

Srinagar by the BSF Inspector heading the party. The<br />

number was given in case Tariq Ahmad Sheikh did not<br />

return. But, when the number was called, the BSF<br />

camp denied arresting Tariq Ahmad Sheikh.<br />

Tariq Ahmad Sheikh was taken to the Sanatnagar<br />

Camp, Srinagar.<br />

On 22 April 2000 the family of Tariq Ahmad Sheikh<br />

heard that his dead body was at the Chadoora Police<br />

Station. The body was then handed over to the<br />

Beerwah Police Station. The body had bullet injuries<br />

and it seemed he had been tortured.<br />

First Information Report [FIR] no. 168/2000 u/s 302<br />

[Murder], 364 [Kidnapping/Abducting to murder]<br />

Ranbir Penal Code, 1989 [RPC] was led at the<br />

Beerwah Police Station on 25 July 2000 under the<br />

directions of the Chief Judicial Magistrate [CJM],<br />

108<br />

Budgam .<br />

Further, the Jammu and Kashmir Police provided<br />

information that on 25 July 2000 the mother of the<br />

victim produced a written application that was<br />

endorsed by the CJM, Magam to the effect that on 17<br />

April 2000 her son was picked up by the BSF and on 22<br />

April 2000 she came to know that her son was dead<br />

and the body was with the Chadoora Police Station.<br />

She stated that her son was a released militant who<br />

had remained under detention for 10 months and was<br />

now silent as well as attending the army camp<br />

regularly. The case was chargesheeted before the<br />

st<br />

Judicial Magistrate 1 Class, Magam on 18 November<br />

2009 against BSF personnel “BK Jahde”, “HC<br />

Ramesh Lal” and “Ct. Mohan Lal” wherefrom the same<br />

will be referred to BSF court for further prosecution as<br />

per directions of the Home Department.<br />

Also, on record, is FIR no.56/2000 u/s 307 [Attempt to<br />

murder] Ranbir Penal Code, 1989 [RPC] and 7<br />

[ P r o h i b i t i o n o f<br />

acquisition/possession/manufacture/sale of<br />

prohibited arms/ammunition]/25 [Punishment for<br />

certain offences] Arms Act, 1959 led at Chadoora<br />

Police Station by the BSF that makes reference to the<br />

death of a militant on the intervening night of 21 and 22<br />

April 2000. Information on this FIR was sought through<br />

the Jammu and Kashmir Right to Information Act, 2009<br />

[RTI] on 5 May 2012. No information was provided.<br />

Further information sought through RTI on 15 October<br />

2013. Further information sought through RTI dated<br />

14 November 2014.<br />

The State Human Rights Commission [SHRC] issued<br />

its nal decision on 18 June 2003 and recommended<br />

ex-gratia government relief of Rs.2,00,000 and<br />

compassionate employment under SRO-43 [Statutory<br />

Rules and Orders]. The family of Tariq Ahmad Sheikh<br />

led a petition before the High Court of Jammu and<br />

Kashmir against the non-implementation of the SHRC<br />

recommendations.<br />

107 The names of the alleged perpetrators are as per the records in the General Security Force Court trial of the BSF.<br />

108 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. A copy of<br />

the FIR was provided on 27 December 2011 by the Jammu and Kashmir Police.

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