STRUCTURES OF VIOLENCE

409| Structures of Violence
[Murder], 342 [Wrongfully conning person]Ranbir
Penal Code, 1989 [RPC] was led at the Tral Police
Station in relation to the killing of Abdul Ghani
117
Bhat . By communication dated 19 May 2012 from
the Jammu and Kashmir Police information was
provided that the case was registered on 10 July
2001 upon the written report of a village guard
Monghama, Tral namely Ali Mohammad Bhat and
pertains to illegal connement and death of Abdul
Gani Bhat, son of Fateh Bhat, resident of
Monghama, by Sub-Inspector Bawani Singh of the
th
124 Battalion BSF during custody. Investigation
was closed as chargesheeted and sanction for
prosecution under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA] was
sought but subsequently denied. Based on this
letter the police claims that investigations are
ongoing.
The Government of Jammu and Kashmir, in response
to an RTI on sanctions for prosecutions under AFSPA,
stated on 6 September 2011 in relation to this case
that sanction was sought from the Ministry of Home
Affairs for the “BSF Camp 124 Battalion Batagund,
Tral” but it was declined on 8 April 2008. The name of
Sub-Inspector Bawani Singh is not mentioned in this
document.
th
Also on record is that the 124 Battalion BSF
conrmed in a certicate issued on 16 July 2001 that
Abdul Ghani Bhat had no connection to any militant
activities.
By further communication from the Jammu and
Kashmir Police dated 9 July 2012, a copy of the FIR
was provided.
Further, a copy of the decline of sanction letter was
provided. The decline of sanction refers to SI
Bhagwan Singh and states that sanction was sought
on 20 July 2007. This letter places the alleged incident
on 24 July 2001. The entire incident and the role of the
BSF is denied. It is stated that the Judicial Magistrate,
Tral opined that the FIR in this case is baseless as on
9 July 2001 the victim was not apprehended by the
BSF. Further, a letter of the Inspector General of
Police [IGP], Kashmir is referred to which states that
sufcient evidence was not found against Bhagwan
Singh and he was implicated only on the grounds that
at the relevant time he was Company Commander of
the Batagund Company of the BSF.
First, it is noteworthy that it took the Jammu and
Kashmir Police, Government of Jammu and Kashmir
and Ministry of Home Affairs seven years to
investigate and process the case for acquiring
sanction for prosecution under AFSPA which
apparently helped the perpetrators in evading justice.
Second, contrary to other documents on record, the
Ministry of Home Affairs has denied the allegations by
referring to the seemingly wrong date of 24 July 2001.
Finally, the investigations of the Jammu and Kashmir
Police, particularly the opinion of the IGP, Kashmir,
would need to be scrutinized and veried whether the
perpetrators of the crime have evaded justice due to
deliberately faulty investigations.
FIR no.101/2001 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 Awantipora Police Station in relation
118
to the second incident. By communication dated
19 May 2012 from the Jammu and Kashmir Police
the information that was provided states that the
case pertains to ring at Nowdal upon a peaceful
procession which was on its way to Awantipora from
Tral on 11 July 2001 by Constable Ram Naresh
without any provocation resulting in bullet injuries to
Ishrat Amin Bhat and Bilal Ahmad Reshi. Offences
were proved, and chargesheeted before the court
on 24 January 2008 after seeking government
sanction for prosecution under AFSPA.
But, contradicting what the police appear to suggest
[that sanction may have been granted] the
Government of Jammu and Kashmir, in response to
an RTI on sanctions for prosecutions under AFSPA,
stated on 6 September 2011 in relation to this case
that sanction was declined by the Ministry of Home
Affairs on 11 July 2007.
Further, on record is that a trial by the Security Force
Court was conducted in 2009. The results of the
Security Force Court proceedings are not known. By
further communication dated 9 July 2012 from the
Jammu and Kashmir Police, a copy of the FIR was
provided. By communication dated 7 November 2013
a copy of the nal report and a request for sanction
letter dated 21 April 2005 from Superintendent of
Police, Awantipora to Deputy Inspector General of
Police, South Kashmir Range, Anantnag, was
provided. This letter states that vide letters dated 12
October 2001, 20 February 2002, 12 June 2002 and
21 April 2004, sanction was sought and the case diary
[CD] le sent. But, the CD le was returned vide letters
dated 27 December 2001 and 25 February 2002 for
removal of some observations. The CD le was nally
submitted back to the senior police authorities by
letter dated 9 July 2002 but was again received back
vide letter dated 5 February 2005 with reference to the
Home Departmentd letter dated 5 October 2004 for
rectication of “some observations” raised by Central
Bureau of Investigations [CBI], New Delhi.
117 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. Further
information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
118 Information on this FIR was sought through RTI on 7 October 2011. Further information sought through RTI on 15 October 2013.
Further information sought through RTI dated 14 November 2014.