STRUCTURES OF VIOLENCE

420 | Structures of Violence
The victim's family lodged FIR no.64/2003 u/s 302
[Murder], 120-B [Criminal Conspiracy] Ranbir Penal
Code, 1989 [RPC] at the Nowgam Police Station on
1 May 2003 against Lieutenant Verma, which the
police rst refused to lodge, and only on the
134
intervention of a Minister was it nally registered .
By further communication dated 9 July 2012 from
the Jammu and Kashmir Police, information was
provided in the form of a letter dated 15 June 2012
from the Deputy Superintendent of Police [DSP],
Headquarters, Srinagar that a chargesheet had been
led in the case and that the Home Department had
raised some observations which were being
rectied, following which the case would be
resubmitted for sanction for prosecution under the
Armed Forces (Jammu and Kashmir) Special
Powers Act, 1990 [AFSPA]. By communication dated
30 November 2013 from the Jammu and Kashmir
Police it was stated that the case was under
investigation. By communication dated 22 April 2014
from the Jammu and Kashmir Police this position
was reiterated. By communication dated 23 January
2015 information was provided that sanction had
been declined and the decline of sanction
communication was provided. The date of the
document is unclear [buts its possibly 3 January
2011] but the sanction is declined on grounds of their
being only circumstantial evidence in the case and
weaknesses in the investigations carried out are
cited. On 3 January 2011, as per a 10 January 2012
response to a RTI, the Ministry of Defence declined
sanction with regard to “Sub Surendre Sinha” and
stated that “the individual killed was a militant from
whom arms and ammunition was recovered. No
reliable and tangible evidence has been referred to
in the investigation report”.
The Deputy Commissioner of Budgam ordered an
enquiry on 10 May 2003 and the Assistant
Commissioner, Budgam was appointed as the enquiry
ofcer. The enquiry report was submitted on 12 August
2003 and conrms that the victim was not involved in
any militancy activity and was killed without
justication by Subedar S. Sinha and his associates.
On record is a report sent to the Deputy
Commissioner, Srinagar on 19 July 2003 from the
Senior Superintendent of Police [SSP], Srinagar. This
states that the victim was not involved in militant
activities, as claimed by the army. It also states that
investigation on both cases [the FIR led by the army
and the victim's family] is ongoing. The report also
states that FIR no.63/2003 was based on a written
report from a “Major Sh. Wastoo” of the 119 Battalion
Assam Regiment, Camp “Soitong” which suggested
that the victim was a militant and was killed in cross
ring.
The family of the victim led a petition before the
High Court of Jammu and Kashmir [Service Writ
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Petition (SWP) 1842/2003 ]. The petition sought the
status of the investigations, action to be taken and
compensation/ compassionate employment under
SRO-43 [Statutory Rules and Orders] for the brother
of the victim. The petition was dismissed on 21
February 2006 for non-appearance.
An application was led subsequently for its
restoration and the petition was restored. The
response of the State of Jammu and Kashmir before
the High Court stated that compassionate
employment for the brother of the victim could not be
allowed as the victim was a minor at the time of his
death. The petition remains pending in the High Court.
The alleged perpetrators 3 to 11, based on the State of
Jammu and Kashmir's representations before the
High Court, were chargesheeted u/s 302 [Murder] and
120-B [Criminal Conspiracy] Ranbir Penal Code, 1989
[RPC]. In relation to the FIR led by the family, the
Ministry of Defence, on an order of the High Court, led
an afdavit before the High Court in 2009 on sanctions
for prosecution, and stated that this case remained
under consideration with regard to alleged
perpetrators 3-7 and 10-11 listed above. Sanction for
prosecution of alleged perpetrators 3 to 11 was sought
from the Ministry of Defence, by the Jammu and
Kashmir Home Department, on 16 July 2007.
The FIR led by the army was closed as not admitted.
The family approached the State Human Rights
Commission [SHRC] on 2 September 2003 and a nal
decision was issued on 26 February 2004 based on a
report of the Inspector General of Police [IGP],
Kashmir, which recommended ex-gratia government
relief of Rs. 2,00,000 to the family of the victim and
compassionate employment under SRO-43 [Statutory
Rules and Orders]. On 17 March 2009 the National
Human Rights Commission [NHRC] directed payment
of Rs. 3,00,000.
The two documents on record that may be analyzed, in
a case where no charge sheet was led in a court
[although a case appears to have been made out
against alleged perpetrators 3 to 11], are the SHRC
judgment of 26 February 2004 and the Assistant
Commissioner, Budgam enquiry report of 12 August
2003.
The SHRC found that the factum of the death of the
victim was established, and that the victim was not a
militant and was not involved in any anti-national
activities. The SHRC decision was based, in part, on a
report from the IGP, Kashmir which found that the
deceased was not involved in any militancy related
activities. But, the SHRC placed “complete reliance”
on the Assistant Commissioner, Budgam's enquiry
134 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.
135 Information on the petition number was sought through RTI on 16 February 2012. Information was provided.