STRUCTURES OF VIOLENCE

407| Structures of Violence
Killing]
Son of: Wazir Mohamad
Resident of: Hari Budda, Mandi, Poonch
District
Alleged Perpetrators
1. Captain Kunal Bakshi, 17 Rashtriya Ries
[RR], Army
2. Subedar Kalayan Singh, 17 Rashtriya Ries
[RR], Army
3. Subedar Paandurung, 17 Rashtriya Ries
[RR], Army
4. Havaldar Maani Dutta, 17 Rashtriya Ries
[RR], Army
Case Information
On 29 April 2001, Mohammad Arshad, Munshi Khan,
Mohammad Rashid, Mohammad Asian, and Hakim
Din were taken to the forest by the alleged
perpetrators. Mohammad Arshad and Munshi Khan
were killed, whereas the others managed to escape.
First Information Report [FIR] no.21/2001 u/s 364
[Kidnapping/Abducting to murder] Ranbir Penal
Code, 1989 [RPC] was led at the Mandi Police
Station. Further information sought through RTI dated
14 November 2014. The case was chargesheeted
against the alleged perpetrators u/s 364 [Kidnapping /
Abducting to murder] and 302 [Murder] Ranbir Penal
Code, 1989 [RPC], and on 25 January 2004 it was
transferred to the army Court-Martial. Information on
this FIR was sought through the Jammu and Kashmir
Right to Information Act, 2009 [RTI] on 15 October
2013.
The State Human Rights Commission [SHRC] was
approached and on 6 June 2008 a nal decision was
given.
The report of the Director General of Police [DGP],
Jammu and Kashmir dated 17 December 2007 was
considered, which conrmed the abduction, killing
and the role of the alleged perpetrators.
The SHRC recommended Rs.1,50,000 ex-gratia
government relief to the next of kins of the victims.
Despite an indictment by the SHRC of the alleged
perpetrators, and information that the case was sent
for an army Court-Martial, the available documents
relating to court-martials of RR personnel in Jammu
and Kashmir do not refer to this case.
Therefore, it appears that absolute impunity has been
ensured for the alleged perpetrators.
Case No. 141
Victim Details
Showket Hussain Mir [Extra-judicial killing]
Age: 25
Occupation: Businessman and Owner of Brick Kiln
Son of: Ghulam Rasool Mir
Resident of: Waterwani, Budgam district
Alleged Perpetrators
1. Ghulam Hassan Baba, Government Gunman
[Ikhwan]
Case Information
Showket Hussain Mir was the owner of a brick kiln. An
Ikhwan, namely Ghulam Hassan Baba, son of
Mohammad Qayoom, resident of Kadipura, Budgam
demanded money from Showket. On another
occasion, he [Ghulam Hassan Baba] also demanded
bricks from Showket for constructing his house. He
would threaten Showket that he would kill him if
Showket did not give him money. Showket had not
shared these incidents with his family. But in April
2001, when Ghulam Hasan Baba asked for money
again, he refused and went home and told his family
all about the threats. But they did not take him
seriously.
A few months later, at about 9:45 pm on 3 July 2001,
Showket was in the ofce of his brick kiln. The army,
along with Ghulam Hassan Baba, came to his ofce
and told him that the army had cordoned the area and
so he should go home. However, there was actually
no cordon; it was just Baba's conspiracy to kill
Showket.
Showket left his ofce but as he took a few steps he
was shot. Showket received nine shots all hit below
his abdomen. After he was shot, army personnel took
him to the sub-district hospital Budgam but he bled to
death on the way.
The army took two other boys Manzoor Ahmad Mir
and Ijaz Ahmad Mir of the same village while they
were irrigating their elds. They were abducted when
the army was going towards the kiln of Showket.
When Showket was killed, those two boys were kept
in the army truck. Later, the two boys, upon their
release, shared all this information with the family of
Showket. They had also seen Ghulam Hassan Baba
with the army.
When Showket was shot, the family could hear the
noise of ring, so, they rushed towards the kiln as the
noise came from that area. When they reached the
kiln, they saw the victim's lunch box on the ground. A
few steps ahead, they saw his wallet on the ground.
They searched for him but couldn't nd him. They
returned home but couldn't sleep because they
suspected that the army might have abducted him.
The next morning, they went to Budgam police station
and the 12 RR army camp. At the army camp, they
came to know that Showket had been killed. The army
handed over the dead body to Jammu and Kashmir