STRUCTURES OF VIOLENCE

438 | Structures of Violence
Once again Qazi Mohammad Yousuf was released on
bail, on a court order. By communication dated 22 April
2014 from the Jammu and Kashmir Poice, information
was provided that a foreign militant involved in this
case was presently under custody of the Mysore
Police [in a different case – FIR no. 165/2006 of Vijay
Nagar Police Station, Mysore]. A request was brought
before the Chief Judical Magistrate [CJM], Mysore for
change of lodgment of the accused but the petition
was rejected and the case remains under
investigation.
On 29 October 2005, while Qazi Mohammad Yousuf
was on his way to meet his sister, he was abducted by
the SOG and killed at the Harwan camp and his body
was thrown in a paddy eld in Chittarhama. His
valuables, including his mobile phone and cash, were
stolen from him.
FIR no 61/2005 u/s 302 [Murder] Ranbir Penal
Code, 1989 [RPC] and 7 [Prohibition of
acquisition/possession/manufacture/sale of
prohibited arms/ammunition]/27 [Punishment for
possessing arms etc. with intent to use them for
unlawful purpose] Arms Act, 1959, was led at the
Zakoora Police Station by the police on 30 October
151
2005 . By communication dated 22 April 2014
information was provided that the investigation had
been closed by declaring the perpetrators as
untraced but the nal report had not been submitted
before a court as of yet.
This FIR states that Qazi Mohammad Yousuf was
killed by militants. The FIR was closed by declaring
the perpetrators as untraced on 7 April 2006 and
reopened in February 2007. Further, the Jammu and
Kashmir Police provided information that this case
was closed by declaring the perpetrators as
untraced on 30 January 2011.
The police refused to le a FIR on behalf of the
family of Qazi Mohammad Yousuf with their version
of the events.
The family of Qazi Mohammad Yousuf believes that
the victim was killed by SP Anand Jain, along with
the SOG for non-payment of Rs.3,00,000.
A petition was led before the High Court of Jammu
and Kashmir [Original Writ Petition (OWP) 568/2007]
152
for the ling of an FIR . The petition remains
pending.
The family of Qazi Mohammad Yousuf also
approached the State Human Rights Commission
[SHRC] and on 29 May 2008 the nal decision was
given.
The SHRC stated that the claim of the police was
contradictory; on one hand claiming Qazi Mohammad
Yousuf had links to militants, and on the other
attributing his death to unknown gunmen because of
his links to the armed forces.
The SHRC concluded that this was a custodial death
and recommended Rs.1,00,000 ex-gratia government
relief and compassionate employment under SRO-43
[Statutory Rules and Orders].
Following an application led before the SHRC, one
police ofcer Ishfaq Aalam of Police Station Harwan
started to visit the family of Qazi Mohammad Yousuf
and asked the victims brother in law to visit the police
station. Ishfaq Aalam told the brother in law of the
victim that the police would provide a good report to the
SHRC if the family of Qazi Mohammad Yousuf
withdrew the High Court case. The family of Qazi
Mohammad Yousuf refused.
The family of Qazi Mohammad Yousuf gave a
statement to the IPTK on 2 December 2012.
SP Anand Jain and Ofcer R.P.Singh have not been
implicated clearly by the SHRC despite the family of
the victim testifying against SP Anand Jain.
Strangely, the SHRC conrms the custodial death of
Qazi Mohammad Yousuf and reprimands the police for
wrongly attributing blame for the crime to unidentied
gunmen but has failed to x the responsibility of the
crime either on alleged perpetrators or any other
person.
Further, the SHRC while indicting the police
investigations should have made recommendations
for a separate and independent investigations process
particularly as the alleged perpetrators were also of
the Jammu and Kashmir Police.
The SHRC, as in other cases, should have also
recommended for the ling of a correct FIR and
investigations against police ofcials of the Zakoora
Police Station responsible for the ling of the false FIR.
The delayed proceedings in the High Court have only
resulted in diluting the evidence and perhaps any
chance of a successful prosecution.
The faulty and delayed investigations in the case have
also cleared the way for SP Anand Jain to be promoted
to the level of SSP. To date, despite closing the case,
the police has not led the nal report before the
competent court. Further, as per publicly available
information, he was awarded the Director General of
Police's Commendation Medal for 2004, Sher-e-
Kashmir Medal for Gallantry in 2004 and 2005 and the
Police Medal for Gallantry in 2006.
Based on the SHRC decision, this case exemplies
how the police through their investigations shields
perpetrators of crimes and shifts the burden onto
“unknown gunmen”.
151 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
Kashmir Police. Further information sought through RTI on 15 October 2013.
152 Information on the petition number was sought through RTI on 16 February 2012. Information was provided.