STRUCTURES OF VIOLENCE

436 | Structures of Violence
ADMITTED”. Further, the communication states that
the case was discussed in the District Level Screening
Cum Co-ordination Committee dated 31 October
2011, wherein it was cleared for ex-gratia relief. This
communication seeks instructions on whether exgratia
government relief could be sanctioned.
Also on record is the nal page of State Human Rights
Commission [SHRC] decision dated 14 March 2013.
This page refers to the communication dated 25 June
2012 referred to above. The SHRC recommended that
the Deputy Commissioner, Baramulla process the exgratia
government relief in terms of instructions
conveyed to him by the General Administration
Department or, if instructions not received, take
initiatives to get the instructions.
No ex-gratia government relief or compassionate
employment under SRO-43 [Statutory Rules and
Orders] has been given to the family of the victim to
date. By order dated 19 November 2004, the wife of
the victim was adjusted as a SPO in lieu of her
husband, for an honorarium of Rs. 1500 per month, as
per order of SSP, Baramulla.
The incomplete SHRC decision does not assist in the
instant case. But, the communications on record
strongly suggest the involvement of the army, and
particularly the alleged perpetrator, in the killing of the
victim, and the apparent role of the Government of
Jammu and Kashmir in the cover up.
There is a clear contradiction between the position of
the Government in 2004 and 2012. In 2004, as per the
SSP, Baramulla communication of 28 October 2004,
the 28 RR had killed the victim during interrogation.
But, by 2012, the position appears to have changed to
death due to choking, in layman terms. The basis for
their initial position in 2004 needs to be ascertained. It
may well be that this position was based on evidence
from witnesses. Regardless of the change of nal
conclusions by 2012, the fact that the victim was in
army custody does not appear to be disputed even in
2012 as it is stated that the body was retrieved from the
Dangiwacha army camp [which also conrms the
version of the family of the victim that his dead body
was there].
The death of the victim in the custody of the army,
along with the circumstances [based on witness
evidence] on how he was taken from his duty, strongly
suggests that the victim was killed by the army,
notwithstanding the post mortem ndings. Further,
while the note signed by Major Anwar may not have
legal value, it requires to be investigated.
Therefore, in the circumstances of the case, evidence
on record does suggest the involvement of the alleged
perpetrator and 28 RR in the abduction, torture and
extra-judicial execution of the victim. Despite this,
there appears to be absolute impunity for the 28 RR as
no information exists on whether sanction for
prosecution under AFSPA was sought/granted or
whether any court-martial proceedings were carried
out.
Case No. 163
Victim Details
Farooq Ahmad Wani [Extra-judicial killing]
Age: 22
Son of: Abdul Majeed Wani
Resident of: Chetroo, Dangerpora, Chadoora,
Budgam district
Ghulam Hassan Magloo [Extra-judicial killing]
Resident of: Chetroo, Dangerpora, Chadoora,
Budgam district
Alleged Perpetrators
1. Mangey Ram, 35 Rashtriya Ries [RR],
Nagam Camp
Case Information
On the morning of 29 November 2004, the army
cordoned the village Chetroo. They belonged to the
35RR and they were under the command of Mangey
Ram. The family later came to know about his name
when they were told to appear in Nagam camp for
identifying the accused [the family is unaware of his
rank].
After the cordon, all the inhabitants of the village were
taken out of their houses and were made to stand on
the roadside. Mange Ram ordered all those who were
working at the airport to separate themselves from the
rest of the inhabitants of the village. Farooq Ahmad
Wani and Ghulam Hassan Magloo were working at the
airport so they separated themselves.Then, the army
started beating and abusing them.
One of the elders of the village, namely Mohammad
Ismail, asked the army why they were beating the
people. But army personnel responded by thrusting
the old man and he fell down on the street. This
angered the people of the village and they started
raising their voice and were raising pro-freedom
slogans. The army then started ring at the locals of
the village leading to the death of two persons –
Farooq Ahmad Wani and Ghulam Hassan Magloo.
Farooq was shot on his upper right thigh. People tried
to take them to the hospital but the army didn't allow
them to do so. Almost one hour passed and the
Commanding Ofcer of the above said Battalion came
to the spot. He ordered that the two injured persons be
taken to the hospital. The father of the victim doesn't
know the name of the commanding ofcer.
The army took the injured to the Sub-District Hospital
Budgam in an army truck. But the doctors there said to
take them to the Soura Hospital. They provided the
ambulance and they headed towards the Soura
hospital. Both Farooq and Hassan Magloo bled to