STRUCTURES OF VIOLENCE

400 | Structures of Violence
On record is FIR no. 2/2001 at Ganderbal Police
Station led by DSP Operations SOG and states that
on the intervening night of 3/4 January 2001, the
victim, a Pakistan trained militant, was killed and
recovery of weapons was made. The SOG and the 5
Rashtriya Ries [RR] carried out the operation. Further
information on this FIR was sought through RTI dated
15 July 2015.
The above allegations are prima facie evidence
against the alleged perpetrators. Yet, the statement
is not detailed and the exact nature of torture by
DSP Gagtar Singh is not provided. It is also unclear
if it was Gagtar Singh who led the FIR, though he
does appear to be the DSP Operations. Further
investigations are warranted. Most importantly, it is
clear that the 5 RR personnel were also involved in
this fake encounter. Their identities and role need to
be established.
Case No. 134
Victim Details
1. Abdul Majeed Khan [Abduction, Torture and
Extra-Judicial Killing]
Age: 45
Occupation: Chemist
Son of: Ghulam Mohammad Khan, Hanifa
[deceased]
Spouse: Fata
Resident of: Khaipora, Tangmarg, Baramulla
District
2. Mohammad Maqbool Rather [Abduction and
Torture]
Occupation: Domestic work
Son of: Abdul Ahad Rather
Resident of: Kharnipora, Tangmarg,
Baramulla District
3. Ashiq Hussain Mir [Abduction and Torture]
Son of: Ali Mohammad Mir
Resident of: Lonthipora, Tangmarg,
Baramulla District
Alleged Perpetrators
1. Major K. Bhattachariya [Operational name:
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Waseem], 59 Field Regiment, Army, Camp
Batapora, Tangmarg
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2. Captain V. R. Godekar, 59 Field Regiment,
Army, Camp Batapora, Tangmarg
Case Information
On 8 January 2001 Abdul Majeed Khan was picked up
from his shop/residence by 32 to 40 army personnel of
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the 59 Field Regiment of Batapora, Tangmarg,
headed by a Captain [who, according to locals in the
area, was Captain Godekar]. It was about 4:00 p.m.
The army personnel cordoned off the house, and then
they took out all the family members from the house.
The persons taken out were: Aisar Ahmad Khan,
younger son of Abdul Majeed Khan, Haneefa Begum,
mother of the victim, Sarwar Begum, the victims sister,
Sarwar Begum, the victims aunt, Mohammad Sha,
the victims cousin, and some other children. The army
personnel then conducted a search of the house.
Nothing was found in the search. They then told the
victim to accompany them. The Captain assured the
family that the victim would be released soon. The
family of the victim, and village headman, Ghulam
Nabi Tantray, accompanied the victim for about 1
kilometre until the Tantraypora village. Ghulam Nabi
Tantray, also demanded the release of the victim but
he was pushed aside. He was told that the victim was
needed for some questioning. Two other persons were
picked up that day: Ashiq Hussain Mir, resident of
Lonthipora, and Mohammad Maqbool Rather, resident
of Kharnipora.
The family of the victim waited till late evening but the
victim was not released. The following day, the family
contacted, Mushtaq Ahmad Khan, the brother of the
victim, who was working as a Constable in the Jammu
and Kashmir Police department. Specically, he was
working with a Deputy Superintendent of Police [DSP]
in Pattan. Further, some family members also went to
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the 59 Field Regiment Camp in Batpora to enquire
after the victim. Mushtaq Ahmad Khan also reached
the camp when the other family members were there.
They were told by an ofcer that no one had been
arrested or detained at the camp. While the family was
waiting outside the camp there was a rumor that a
dead body had been found in the orchards at Hoom,
Tangmarg. It was at about 9:00 a.m. in the morning
when they received this news. They rushed to the site
of the dead body and identied that it was the victim.
There were burn marks on his face on both sides of his
head which appeared to be electric burns. His thighs
appeared to be burnt by a stove and his body was
bluish and legs swollen. He had been severely tortured
to death. The body was taken to Tangmarg for an
autopsy. Meanwhile, the poice from Tangmarg Police
Station also arrived. The body was buried in the
afternoon. Following investigations, where witnesses
gave their statements before the court, the army
started to harass them. On a few occassions, army
personnel came to the residence of Abdul Majeed
Khan and told them to withdraw the case. On one
occasion, the wife and son of the victim, Rouf Ahmad
Khan, were taken by the army to the Batpora camp.
This was about a year after the killing. The
Commanding Ofcer told them that if they did not
withdraw the case, they would not be able to get any
compensation. They refused to withdraw the case.
Rouf Ahmad Khan was on two other occasions taken
to the Hyderbeigh 10 Sector Headquarters where he
was told to withdraw the case by a senior ofcer. Once
again, he refused. Subsequently, in 2002 and 2008 the
family received ex-gratia relief of Rs. 1 lac and
compassionate employment under SRO-43 [Statutory
Rules and Orders]. One and half years after the killing,
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59 Field Regiment was shifted out from the camp to
some other area.