STRUCTURES OF VIOLENCE

399| Structures of Violence
AFSPA documents refer to the alleged perpetrator as
Major A.K.Morea, the family of the victim and the High
Court documents refer to him as S.K.Mour or
formulations of the same.
Further, the 2009 Ministry of Defence afdavit refers
to the date of the event as 11 November 2000,
whereas the 10 January 2012 Ministry of Defence
document refers to the date as 30 December 2000.
The family of the victim in the High Court petition place
the incident on 30 December 2000 but it appears
during investigations this may have been placed on
28 November 2000. Finally, there is also a
discrepancy on the name of the Camp between the
High Court petition and the statement given to the
IPTK. But, these discrepancies appear minor
particularly as there appears to be no dispute that
Mehrajuddin Khanday was in the custody of the
alleged perpetrator. The point of contention is only on
whether or not he was released and role of the alleged
perpetrator in his extra-judicial killing.
The Ministry of Defence decline of sanction of 23
February 2009 is a very important document which on
the one hand acknowledges the responsibility of
detaining Mehrajuddin Khanday and also gives an
indication that he may have helped in giving
information for the killing of Jehangir Moulvi.
The document also states that in this case terrorists
and over ground workers have made an attempt to
malign and tarnish the image of the army. In light of the
fact that family members of Mehrajuddin Khanday
hardly know the real name of Major A.K.Morea as they
refer to him as S.K. Morea it is hard to imagine who the
army is blaming for framing the said Major in this case
which led to the maligning of the image of the army. It
is the investigations of the Jammu and Kashmir Police
that led to the framing of a case against Major
A.K.Morea.
It needs to be ascertained whether the army by
claiming that this case is an attempt by terrorists and
sympathizers to malign the army is blaming the
investigation and the Jammu and Kashmir Police for
being sympathetic to terrorists. The approach of the
army to shield the alleged perpetrator is amply
demonstrated by the available documents that do not
suggest that even a court-martial was conducted in
this case by the army.
On the alleged release of Mehrajuddin Khanday the
armed forces have facilitated the practice of illegal
detentions and unrecorded “release” of victims which
leads to an unaccountable detention followed by
torture, disappearance, extra-judicial executions,
fake encounters and sometimes release of victims in
return for money.
The letter dated 26 May 2001 from the SSP, Anantnag
is an example of the routine practice of the Jammu
and Kashmir Police carelessly attributing blame to
militants without any substantive evidence. The later
investigations of the police itself clearly establish that
this letter was a mistake by a senior ofcer in the
Jammu and Kashmir Police. Further, the 16
November 2013 communication suggests that the
police is disorganized as it does not re-iterate the
earlier position of denial of sanction.
Finally, the High Court while cognizant of the need
for a judicially monitored investigation, initially
monitored the issue of the outsanding sanction for
prosecution under AFSPA. But, inexplicably after a
few hearings the High Court absolved itself of any
responsibility with regard to the sanction process
and dismissed the petition.
Case No. 133
Victim Details
Nazir Ahmad Lone [Abduction, Torture, Extra-judicial
killing (Fake encounter)]
Age: 25 years
Son of: Habibullah Lone
Resident of: Hakeem Gund, Ganderbal district
Alleged Perpetrators
1. Bashir Khanday, Government Gunman
[Ikhwan]
2. Yousuf Kashu, Government Gunman
[Ikhwan]
3. Shal Boug, Government Gunman [Ikhwan]
4. Farooq Laway, Government Gunman
[Ikhwan]
5. Gagtar Singh, Deputy Superintendent of
Police [DSP] Operations, Special Operations
Group [SOG], Jammu and Kashmir Police
Case Information
Nazir Ahmad Lone was the only bread earner in the
family. He was afliated with the Jamaat-e-Islami. The
victim was a private school teacher and was working
in Gadura Public School, Ganderbal. On that day, he
went to school as usual and later had to purchase
some house hold things near Hospital Ganderbal,
where, he was dragged by Ikhwans Bashir Khanday,
Yousuf Kashu, Shal Boug, and Farooq Laway.
They kidnapped him and took him to police station
Ganderbal, also the location of the Special
Operations Group [SOG] camp.
DSP Gagtar Singh tortured him and handed him back
over to the Ikhwans. Ikhwan Bashir Khanday killed the
victim at Barosa. The family came to know about the
killing the next morning from police station Ganderbal
that sent a policeman to their house and informed
them about the killing of the victim. The whole village
protested against torture and killing of the victim.
The mother of the victim, Raja Begum, gave the
above statement to the IPTK on 12 May 2015.