STRUCTURES OF VIOLENCE

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439| Structures of Violence Case No. 165 Victim Details Shakoor Ahmad Deva [Abduction, Torture, Extrajudicial killing] Age: 24 Occupation: Shopkeeper Son of: Raq Ahmad Deva Resident of: Shopian. Alleged Perpetrators 1. Major Krishna, 44 Rashtriya Ries [RR], Veterinary Camp stationed near Shopian Police Station 2. A. Santhanam, A company, 44 Rashtriya Ries [RR] 3. Jeela Shah, Government gunman [Ikhwan] [deceased] Case Information [The victimization of Shakoor Ahmad Deva is spread across two incidents – 2004 and in 2005. In 2004 he was abducted and released and then subsequently abducted and killed in 2005] In June 2004, unidentied persons picked up Shakoor Ahmed Deva at around 4 pm. His family initially thought that he might have gone out with his friends, but he did not come back home that night. Consequently, his father went to the police station the next morning to lodge a First Information Report [FIR]. After ten days, the persons who had picked up Shakoor called his family and asked them to come to Srinagar, demanding a sum of Rs. 1 lakh. Shakoor's father later came to know that the person who had picked up Shakoor was a local Ikhwan called “Jeela Shah”. He started towards Srinagar with his relative, namely Bashir Ahmed, and another person, who happened to be Jeela Shah's neighbor and was the one in contact with him. They were later informed not to come to Srinagar but, instead, to move towards Gahlander. Shakoor's father somehow managed to arrange a sum of Rs. 1 lakh and handed it over to Jeela Shah for his son's release. Jeela Shah threatened Shakoor's father, saying that if he disclosed his name, his entire family would be killed. He then informed him that his son would be handed over to him the next day in Srinagar. The next day, Jeela Shah called them again, saying that now they should come to Gahlander instead of Srinagar. At Gahlander, Shakoor's family found Shakoor alone and took him home. At home, Shakoor revealed that he had been picked up by government agencies. He also said that he had been tortured for around seventeen days, had been severely beaten, and his eyes had been blindfolded for days together. While Shakoor had been missing, his father had led a complaint at the State Human Rights Commission [SHRC]. His father later added that his son had no animosity with Jeela Shah and that he was a person known for picking up young boys just for the sake of money. In the police report, out of fear, the family was forced to lie, as Jeela Shah had threatened to kill them, in case his name was disclosed, that is the reason why Shakoor mentioned that he had been abducted by militants. FIR no. 10/2004 was led at the Shopian police station. After about one year, on 2 June 2005, Major Krishna came to Shakoor's newly constructed shop near the Masjid at the market, in Shopian. He put his hand on his shoulder and told him that he had some urgent work with him. He asked Shakoor to accompany him to his camp, namely Veterinary Camp, near the police station. Three people who witnessed the incident –Mohammad Iqbal Pandit, Manzoor Ahmed So and Mohammad Sultan – informed Shakoor's family that their son had been picked up by Major Krishna of the 44 RR. The family then rushed to the police station and met the Munshi, who assured them that their son would be released soon. A relative of theirs, Ghulam Nabi, resided near the army camp and from his house they had spotted Shakoor picking grass with his hands. After that they went to the veterinary army camp to meet Major Krishna. He assured them that Shakoor would be released soon, and to come tomorrow. The next day, they went to the camp again and were told at the gate that Major Saab would meet them at the gate. He came out to meet them in a civil dress. Shakoor's family went to the camp again, the next morning but was told that Major Saab has gone out for a crackdown and search operation. At around 3 pm that day, Shakoor's father went to the police station but was asked to go home and was told that his son would be released soon. On his way back home, he saw a lot of people moving towards the Goal Chowk, where some people had gathered around a dead body. A person, Abdul Rashid Bhat, was accompanying Shakoor's father from the police station and told him that some boy had been killed in cross ring and took him home. As soon as he reached home, he heard the news that the boy killed in cross ring was in fact Shakoor and he fell unconscious on hearing about Shakoor's death. There were shutdowns and protests in the village after Shakoor's dead body was brought home. The family stated that there were torture marks all over the dead body. After around fteen to twenty days, army personnel visited Shakoor's house some ve or six times. The culprit, i.e. Major Krishna had been transferred from the area. The army kept telling Shakoor's father to withdraw the case and offered money as well as a job for his daughter. But he refused saying that the State
440 | Structures of Violence has made laws for those who have been killed and that they might be given relief or compensation but what they require the most is justice. On 29 September, Shakoor's father led a complaint with the SHRC, in which he mentioned the whole story from June 2004 to June 2005. The nal decision of the SHRC came on 10 March 2008, in which the SHRC recommended that the victim's family should be given Rs. 1 lakh, a member of his family should be given compassionate employment under Statutory Rules and Orders number 43 [SRO 43] and the case against the perpetrator should be registered in the court. The family received Rs. 1 lakh from the Deputy Commissioner, Pulwama, and a job under SRO 43. The police never met the family for a statement or for further investigations. They dene the army's version of Shakoor's death as baseless because his dead body bore marks of torture and they believe that there is no way that he could have been killed in a mine blast. After Shakoor's death, the residents of the village did not bury him demanding that an FIR be rst lodged against the army personnel and Major Krishna. The father of the victim, Raq Ahmad Deva, gave the above statement to the IPTK on 21 April 2014. On 4 June 2005, Raq Ahmad Deva, son of Abdul Gani, resident of Jan Mohalla, Shopian, lodged a written complaint in Police Station Shopian to the effect that, on 2 June 2005, his son, namely Shakoor Ahmad Deva was picked up from his shop near the Masjid at the market by the troops of 44 RR, headed by Major Krishna; then stationed near Police Station Shopian. His family requested his release from the camp but to no avail. The FIR is 133/2005 under section 302 [murder] of the Ranbir Penal Code [RPC] at police station Shopian. The FIR was led by A. Santhanam of the A company, 44 RR. Information was sought through RTI dated 15 October 2013. By communication dated 4 November 2013 from Jammu and Kashmir Police a copy of the FIR was provided. A separate RTI was led on 18 December 2012 to Jammu and Kashmir Police regarding custodial killings in Jammu and Kashmir between 1989 and 2012. By communication dated 11 January 2013 information was provided that a FIR was led and the alleged perpetrator – Krishna - was responsible. A copy of the FIR was provided. FIR no. 132/2005 under sections 302 [murder], 307 [attempt to murder] of the Ranbir Penal Code [RPC] and sections 3, 4 Explosive Substances Act. This FIR states that the victim was a source for 44 RR and was killed in a blast while showing them a hideout. Information was sought through RTI dated 14 November 2014. By communication dated 1 December 2014 from the Jammu and Kashmir Police information was provided that investigations in this FIR are ongoing to ascertain the circumstances under which “death of the deceased took place”. No documents were provided. The concerned army party is required to be questioned in the case but the said army camp stands moved to some other unknown place. The SHRC found the case of the victim to be genuine in its decision dated 10 March 2008. The position of the Jammu and Kashmir police though is uncertain. On one hand they state that the alleged perpetrator – Krishna – was responsible, yet their investigations in the other FIR – led by the army – appears to be continuing with no nal nding. The case against Major Krishna appears strong although the statements of the other witnesses would need to be recorded. What is beyond doubt is that there is enough material available for the police to indict Major Krishna. A.Santhanam's role would also have to be investigated as he is the person who led the FIR – which based on the above evidence of the FIR was clearly a false FIR. It is uncertain whether his role extended beyond ling of the FIR. Finally, the role of Jeela Shah in the extra-judicial execution is not made out per se. But, due to his past involvement – in abducting the victim – any investigation into the killing of the victim would necessarily involve an investigation into Jeela Shah of how Jeela Shah may have created the initial victimization of Shakoor Ahmad Deva which perhaps led to him being proled in the army records. Case No. 166 Victim Details 1. Sahbir Ahmad Shah [Extra-Judicial Killing] Age: 21 th Occupation: 12 Standard student Son of: Mohammad Akbar Shah Resident of: Shah Mohalla, Palhalan, Pattan, Baramulla District 2. Aijaz Ahmad Dar [Extra-Judicial Killing] Age: 18 th Occupation: 12 Standard student Son of: Ghulam Mohammad Dar Resident of: Palhalan Pattan, Baramulla District Alleged Perpetrators 1. Major Lamba, 29 Rashtriya Ries [RR], Army, Camp Wussan, Pattan Case Information On 12 November 2005, Sahbir Ahmad Shah and Aijaz Ahmad Dar were used as human shields in an encounter between personnel of the 29 RR and militants. They were taken forcibly from the High School, Palhallan where the villagers were gathered by the army during a search operation in the village. They were ordered to accompany the army for the search of Mohammad Sultan Ganai's house in Palhallan village. The army had information regarding
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