STRUCTURES OF VIOLENCE

415| Structures of Violence
sustaining gun shot wound and succumbing to the
injury was totally un-intentional, inadvertent and
purely as a result of judgmental error caused due to
the suspicious actions taken by Abdul Ahad Bhat and
also by ring on cordon party at the same time.” This
position contradicts the earlier position that Major
Patil arrived at the site after the ring. It is also stated
that a Court of Inquiry had been instituted by the army.
Also in record is a letter dated 9 March 2002 from the
Inspector General of Police, Kashmir referring to a
report by the Senior Superintendent of Police [SSP],
Baramulla. This letter is addressed to the State
Human Right Commission [SHRC]. The petitioner
before the SHRC responded on 3 June 2002.
The family of Abdul Ahad Bhat states that the SHRC
concluded by stating that as the family had already
received compensation nothing further could be
done. The family had received Rs.1,00,000 and
compassionate employment under SRO-43
[Statutory Rules and Orders] benets.
An inquiry into the incident was conducted by
Assistant Commissioner, Baramulla. Statements of
witnesses were recorded.
Politicians, such as Mr. Saifuddin Soz, of the
Congress party, informed the National Human Rights
Commission [NHRC] about the incident. The NHRC
took cognizance of the case and issued relevant
notices. The nal status of proceedings is unknown.
The High Court erroneously dismissed the petition
based purely on the decision of the Jammu and
Kashmir Police to close the case as untraced.
Over last two decades in Jammu and Kashmir
hundred of similar cases have been prejudicially
closed as untraced by the police, only to be reopened
by the High Court.
Rather than taking action itself, the High Court shifted
the responsibility to the lower judiciary.
The non-seriousness of the Jammu and Kashmir
Police and the enquiry conducted by the Assistant
Commissioner, Baramulla has effectively resulted in
Major Patil, and other perpetrators involved in the
crime, evading justice.
Based on the available documents, particularly the 6
September 2011 Government of Jammu and Kashmir
response to information sought through the Jammu
and Kashmir Right to Information Act, 2009 [RTI] on
sanctions for prosecution under Armed Forces
(Jammu and Kashmir) Special Powers Act, 1990
[AFSPA], no sanction for prosecution appears to have
been sought in this case.
Similarly, ofcial documents from the Ministry of
Defence do not mention this case in the list of courtmartials
conducted in Jammu and Kashmir.
Finally, the contradictory positions of the Union of
India and Major Patil before the High Court
emphasize the need for thorough investigations in this
case.
Case No. 147
Victim Details
Altaf Ahmad Shah [Extra-Judicial Killing]
Age: 21
Son of: Ali Mohammad Shah
Resident of: Peth Zanigam, Beerwah, Budgam
District
Alleged Perpetrators
1. Major Vikash Lakhera, 19 Rashtriya Ries
[RR], Army, Badami Bagh Cantonment,
Srinagar
126
2. Captain Raju / Captain Rajee , 19 Rashtriya
Ries [RR], Army, Badami Bagh Cantonment,
Srinagar
3. Personnel of 34 Rashtriya Ries [RR], Army,
Beerwah, Budgam District, Camped outside
the Beerwah Police Station
4. In-charge, Special Operations Group [SOG],
Jammu and Kashmir Police, Magam,
Beerwah, Budgam District, Camped outside
the Beerwah Police Station [as of June 2002]
Case Information
The family of Altaf Ahmad Shah states that the victim
was arrested on 17 June 2002 by the 19 RR. The
family states that the victim was arrested along with a
person named Mohammad Ayoub Wara, resident of
Shivpora, Srinagar who had some links with the
troops of the 19 RR. The victim was arrested from the
house of Mohammad Ayoub Wara, where he had
been working as a painter. Mohammad Ayoub Wara
was subsequently released and he informed the
family of the arrest of the victim. The family states that
on 20 June 2002, the victim was handed over to the
joint camp of 34 RR and SOG, Magam. The victim was
handed over to the Beerwah Police Station in an
injured condition on 22 June 2002. The victim was
transferred to the Sub-District Hospital, Beerwah,
followed by Shri Maharaja Hari Singh [SMHS]
Hospital, Srinagar and nally Sher-e-Kashmir
Institute of Medical Sciences [SKIMS] Hospital, Soura
where he died on 26 June 2002. The family of the
victim believes that the victim was innocent and he
had been tortured to death.
126 The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under the
Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], refers to this person as “Raju” wheras the Government of
Jammu and Kashmir, in response to information sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on
sanctions for prosecutions under AFSPA, on 6 September 2011 refers to him as “Rajee”.