STRUCTURES OF VIOLENCE

416 | Structures of Violence
The family of Altaf Ahmad Shah gave a statement to
the IPTK on 23 December 2011.
The family of Altaf Ahmad Shah states that they led
a First Information Report [FIR] at the Ram Munshi
Bagh Police Station on the arrest of the victim. On
the death of the victim FIR no.73/2002 u/s 302
[Murder] Ranbir Penal Code, 1989 [RPC] was also
127
led at the Beerwah Police Station. The 21
December 2011 communication from the Jammu
and Kashmir Police states that on 26 June 2002 the
Naib Subedar of 34 RR Camp Beerwah handed over
three injured persons to the Beerwah Police Station
– Altaf Ahmad Shah, Hilal Ahmad Shah and
Mohammad Imran Shah. They were then transferred
to hospitals, and then two were released. Altaf
Ahmad Shah died. Two of them were found involved
in a case under FIR no.71/2002 and a chargesheet
was led. Investigation found that Altaf Ahmad Shah
had died due to severe torture and a chargesheet
was led against [Major] Vikash Lakhara and
Captain Raju and the case le was sent for
prosecution sanction under the Armed Forces
(Jammu and Kashmir) Special Powers Act, 1990
[AFSPA].
FIR no.71/2002 u/s 7 [Prohibition of acquisition /
possession / manufacture / sale of prohibited arms /
ammunition] / 25 [Punishment for certain offences]
Arms Act, 1959 stands registered at the Beerwah
Police Station against the victim and two others
[brother, Hilal Ahmad Shah, and cousin, Mohamamd
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Imran Shah, of the victim] . This FIR suggests that
the three persons had arms and ammunitions with
them. The family of the victim rejects this version.
They stand by their version of events and state that
when the victim was brought to the police station on
22 June 2002, he was able to inform the family. At
this point, the brother and cousin of the victim went
to meet him. At that point they were apprehended by
the 34 RR and falsely implicated, along with the
victim, in this case.
A letter from the Senior Superintendent of Police
[SSP], Budgam, dated 22 November 2003, to the
Deputy Commissioner, Budgam, based on a report
states, that FIR no.71/2002 was never proved against
the victim, whereas the other two arrested were
chargesheeted. The letter also states that the victim
was found not to be involved in subversive activities.
This letter also conrms that the victim was tortured.
Also on record is a letter from the Deputy
Superintendent of Police [DSP], Headquarters,
supervisory ofcer of the Beerwah Police Station, to
the Superintendent of Police [SP], Budgam, on 21
December 2002. This letter is based on the report of
the Station House Ofcer [SHO] Beerwah Police
Station. The report states that on 22 June 2002 the
SHO of the Beerwah Police Station was called to the
34 RR camp. There he was given a written report
bearing the signature of the in-charge SOG, Magam.
That report stated that there was a joint operation of
the 34 RR and the SOG, Magam at Peth Zanigam
village and three suspects were apprehended: Altaf
Ahmad Shah, Mohammad Imran Shah and Hilal
Ahmad Shah. Arms and ammunition were recovered
from them. The letter states that they were handed
over to the Beerwah Police Station in an injured
condition. On the report of the SOG, FIR no.71/2002
was led. They were then shifted to Sub-District
Hospital, Beerwah and then SMHS, Srinagar.
On 24 June 2002, the other two were released, but the
victim was transferred to SKIMS, Srinagar. He died
due to torture and the FIR no.73/2002 was led. During
the investigation of the case FIR no. 71/2002 it was
found that the victim had been arrested by the armed
forces on 17 June 2002 at Shivpora, Srinagar where
he had been working as a painter. The authorities of
the 34 RR informed the SHO, Beerwah Police Station
that the victim had been received in a sick condition
from 19 RR personnel.
On 4 June 2003 the State Human Rights Commission
[SHRC] issued its decision and recommended exgratia
government relief of Rs. 3,00,000 and
compassionate employment under SRO-43 [Statutory
Rules and Orders]. The SHRC also recommended that
a chargesheet be led against the culprits of the
killings of the victim. A letter from the Deputy
Commissioner, Budgam to the Jammu and Kashmir
Home Departmentstates that the ex-gratia
government relief ordered by the SHRC of Rs.
3,00,000 is not permitted under the rules and the
matter may be taken up by the Government.
The family of the victim led a petition before the High
Court of Jammu and Kashmir against the nonimplementation
of the SHRC recommendations on
compensation.
The Ministry of Defence, in its afdavit before the High
Court in 2009 on sanctions for prosecution under the
Armed Forces (Jammu and Kashmir) Special Powers
Act, 1990 [AFSPA], stated in relation to this case that it
was under consideration.
The Ministry of Defence, in response to information
sought through the Jammu and Kashmir Right to
Information Act, 2009 [RTI] on sanctions for
prosecution under AFSPA stated in relation to this
case on 10 January 2012 that sanction was declined
on 8 February 2010. The reason for declining
sanction was that “individual was apprehended in a
bona de military operation and handed over to
police. The individual expired after four days in
police custody. Army involvement not established in
killing of the individual”.
127 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By
communication dated 21 December 2011 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information
sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
128 Information on this FIR was sought through RTI on 5 May 2012. By communication dated 9 July 2012 from the Jammu and Kashmir
Police a copy of the chargesheet was provided.
129 The Ministry of Defence places this incident as occurring on 26 February 2002. Considering the consistency of dates from other
sources [family and police], it is assumed that this is a typographical error, particularly as the case does not seem to turn on this issue.