STRUCTURES OF VIOLENCE

403| Structures of Violence
Case No. 137
Victim Details
Aashiq Hussain Akhoon [Abduction and Extra-
Judicial Killing (Fake encounter)]
Age: 18
Occupation: Contractor, Kashmir Motor Drivers
Association
Son of: Mohammad Yusuf Akhoon
Resident of: Ratharpora, Noorpora, Tral, Pulwama
District [present address], Previously resident of
Pinglish, Tral, Pulwama District
Alleged Perpetrators
1. Hans Raj Parihar, Deputy Superintendent of
Police [DSP], Jammu and Kashmir Police
2. Inspector Narendra Singh Peshar, Jammu
and Kashmir Armed Police [JKAP]
3. Constable Tariq Ahmad Chadro [operational
name: Mushtaq], Special Operations Group
[SOG], Jammu and Kashmir Police
st
4. Constable Fareed Khan, 1 Battalion, Indian
Reserve Police [IRP]
th
5. Inspector Manjit Singh, 124 Battalion Border
Security Force [BSF], D Company, Tral,
Pulwama
Case Information
On 28 March 2001 the Aashiq Hussain Akhoon left for
Tral, to the bank, to withdraw money as his family had
purchased land in Bijbehara and the payment had to
be made. After withdrawing money he headed
towards Bijbehara.
On the way Aashiq Hussain Akhoon was picked up by
DSP Parihar and the Rs. 48,000 he had withdrawn
was taken away. On 1 April 2001 at about 4:30 am, the
family of the Aashiq Hussain Akhoon heard two
gunshots and subsequently the police was informed
about the body of Aashiq Hussain Akhoon, which was
taken to the Tral Police Station. The family of Aashiq
Hussain Akhoon states that his body had clear torture
marks.
The family of Aashiq Hussain Akhoon gave a
statement to the IPTK on 16 February 2012.
First Information Report [FIR] no.25/2001 u/s 307
[Attempt to murder] and 7 [Prohibition of acquisition
/ possession / manufacture/sale of prohibited
arms/ammunition]/27 [Punishment for possessing
arms etc. with intent to use them for unlawful
purpose] Arms Act, 1959 was led at the Tral Police
113 th
Station on 1 April 2001 . The 124 Battalion BSF in
this FIR stated that the victim was killed in cross-re
between militants and armed forces. The BSF also
showed a recovery of arms from the victim. The
Superintendent of Police [SP], Awantipora, in a
letter dated 11 July 2001 accepts this version of
events that the victim was a militant and a
chargesheet was produced in court against the
deceased person on 19 June 2001. Further, the
communication dated 15 May 2012 from the Jammu
and Kashmir Police states that that there was an
encounter between militants and security forces in
Pinglish, Haffoo Nallah, during the night of 31 March
2001 and 1 April 2001 where a Hizbul Mujahideen
militant Ashiq Hussain Shah, son of Mohammad
Yousuf, resident of Pinglish got killed and huge
quantity of arms and ammunition were recovered.
Chargesheet was led on 19 June 2001.
The mother of Aashiq Hussain Akhoon led a petition
before the High Court of Jammu and Kashmir
[Original Writ Petition (OWP) 164/2001]. Alleged
perpetrators 2 to 5 were made parties to the petition.
The motive of the killing of the victim was believed to
be money that the victim was carrying. The petition
sought the completion of investigations, sanction to
prosecute the alleged perpetrators, presentation of
ndings of inquiry if conducted, and compensation.
The Government of Jammu and Kashmir and police
authorities responded before the High Court and
stated that there were no employees by the names as
listed for alleged perpetrators 2 to 4 with the
Government of Jammu and Kashmir. Further, that the
victim was, as per the FIR, an active militant, and
compensation could therefore not be granted.
Further, that no separate inquiry had been conducted.
The Union of India and Inspector Singh submitted
before the High Court and denied all knowledge of the
killing of the victim.
On 26 September 2001, the High Court ordered that
the victim's family be provided the necessary security,
based on apprehensions to their safety as submitted
by them before the High Court.
On 11 January 2004, the petition was dismissed in
default of appearance.
The State Human Rights Commission [SHRC] was
also approached by the family of Aashiq Hussain
Akhoon.
The SHRC on 17 April 2001 directed the respondents
to indicate whether ex-gratia government relief had
been made and directed that exhumation and postmortem
should be done.
The nal decision was given on 13 March 2002.
Before the SHRC was a letter from the SP, Awantipora
which conrmed the version of events as per the FIR
113 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By
communication dated 15 May 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. By further communication
dated 9 July 2012, some investigation records were provided. Further information sought through RTI on 15 October 2013. By
communication dated 7 November 2013 from the Jammu and Kashmir Police a copy of FIR and nal report was provided.