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STRUCTURES OF VIOLENCE

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437| Structures of Violence<br />

death on the way to Soura.<br />

On returning from Soura hospital, when they reached<br />

Budgam, the family was stopped near the police lines<br />

Budgam and was kept inside along with the dead<br />

bodies for three hours. The family kept asking the<br />

police why they were being kept there, why the police<br />

was not allowing them to go their village and bury the<br />

dead bodies. Later they come to know that they were<br />

made to wait for the day as the intent was that the<br />

dead bodies should not reach the village in daytime,<br />

because then people would gather while burying the<br />

dead bodies and an uproar might start. That is why<br />

the army didn't allow them to go to their village till 6<br />

pm. At 6 pm, the army allowed them to take the dead<br />

bodies to the village. After reaching the village, the<br />

family buried the bodies.<br />

After a few days, one of the police personnel from<br />

Police Station Chadoora came to the house of Farooq<br />

Ahmad Wani and told the family to appear in Nagam<br />

Camp. When they appeared there, they were asked to<br />

identify the army personnel who were there during the<br />

crackdown. The family identied one of the personnel<br />

who there and that was when they came to know that<br />

his name was “Mangey Ram”. The family doesn't<br />

know what was done with him.<br />

In February 2015, the family received a summons<br />

from Chadoora court; they appeared there and<br />

narrated what they had witnessed about the incident.<br />

The Station House Ofcer [SHO] of the police station<br />

Chadoora also appeared in the court a few days<br />

before they received the summons. When the family<br />

testied about the incident before the judge, the judge<br />

told them that the SHO had informed the court that the<br />

two were shot when “cross ring” was going on. The<br />

witness doesn't remember who the SHO was at that<br />

time. His name probably was Manzoor. The case is<br />

not closed yet; it is going on in Chadoora court.<br />

The father of Farooq Ahmad Wani, Abdul<br />

MajeedWani, gave the above statement to the IPTK<br />

on12 March 2015.<br />

First Information Report [FIR] no. 186/2004 was led<br />

at the Chadoora police station under Section 302<br />

[murder], 307 [attempt to murder] Ranbir Penal Code<br />

[RPC] and Section 3/27 Arms Act. The FIR was led<br />

on 29 November 2004. There is no information,<br />

except the above witness testimony, on the present<br />

status of the FIR and investigations. Further<br />

information on this FIR was sought through RTI dated<br />

15 July 2015.<br />

The witness statement above is clear and indicts the<br />

army, particularly Mangey Ram. There is no<br />

information on what the Jammu and Kashmir police<br />

have done in investigations except that they appear to<br />

have tried to close the case before the court by<br />

claiming “cross ring”. Finally, based on available<br />

information, it appears the Ministry of Defence has not<br />

carried out even a court-martial in this case.<br />

Case No. 164<br />

Victim Details<br />

Qazi Mohammad Yousuf [Abduction and Extra-<br />

Judicial Killing]<br />

Age: 28<br />

Son of: Nazira Begum, Gul Mohammad Qazi<br />

Resident of: New Theed, Harwan, Srinagar<br />

Alleged Perpetrators<br />

1. Superintendent of Police [SP], Srinagar<br />

Anand Jain, Jammu and Kashmir Police<br />

[presently Senior Superintendent of Police<br />

(SSP), Baramulla]<br />

2. Ofcer R.P Singh, Special Operations Group<br />

[SOG], Jammu and Kashmir Police, Harwan<br />

Case Information<br />

On 7 February 2005, Qazi Mohammad Yousuf along<br />

with Riyaz Ahmad Shah and Mohammad Abbas Wani,<br />

was picked up by the SOG Harwan and specically<br />

Ofcer R.P.Singh.<br />

A false First Information Report [FIR] no. 24/2005<br />

u/s 7 [Prohibition of acquisition / possession /<br />

manufacture / sale of prohibited arms / ammunition]<br />

/ 25 [Punishment for certain offences] Arms Act,<br />

1959 was led at the Kothibagh Police Station<br />

against them wherein it was stated that grenades<br />

were recovered and Qazi Mohammad Yousuf<br />

149<br />

admitted to being afliated to the Lashkar-e-Taiba .<br />

Submissions by the police authorities before the<br />

High Court place this incident on 14 February 2005.<br />

Qazi Mohammad Yousuf was released on bail, on a<br />

court order. SP Anand Jain, who was behind the<br />

ling of the false FIR, warned the family of Qazi<br />

Mohammad Yousuf that Qazi Mohammad Yousuf<br />

would be killed. A chargesheet was produced before<br />

the court on this FIR on 22 November 2006 before<br />

the Forest Magistrate, Srinagar. By communication<br />

dated 22 April 2014 from the Jammu and Kashmir<br />

Police a copy of the chargesheet dated 21<br />

November 2006 was provided.<br />

On 21 March 2005, Qazi Mohammad Yousuf was<br />

again arrested in relation to FIR no.65/2004 u/s 302<br />

[Murder], 307 [Attempt to murder] Ranbir Penal<br />

Code, 1989 [RPC] and 7 [Prohibition of<br />

acquisition/possession/manufacture/sale of<br />

prohibited arms/ammunition]/27 [Punishment for<br />

possessing arms etc. with intent to use them for<br />

unlawful purpose] Arms Act, 1959 at the Harwan<br />

150<br />

Police Station .<br />

149 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. On 2 June<br />

2012, a copy of the FIR was provided by the Jammu and Kashmir Police. Further information sought through RTI on 15 October 2013.<br />

150 Information on this FIR was sought through RTI on 5 May 2012. On 2 June 2012, a copy of the FIR was provided by the Jammu and<br />

Kashmir Police. Further information sought through RTI on 15 October 2013.

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