STRUCTURES OF VIOLENCE

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441| Structures of Violence militants at that house. The army searched the house thrice, and on the third occasion, Major Lamba entered the house with both the victims. As soon as they reached the rst oor some bullet shots were red inside the house and the troops in the courtyard started indiscriminate ring at the house. Sahbir Ahmad Shah was killed on the spot. Aijaz Ahmad Dar was wounded along with Major Lamba. They were rushed to a Srinagar hospital but only Major Lamba was taken inside while Aijaz Ahmad Dar was left outside. Aijaz Ahmad Dar subsequently died. The family of the victims went to the Pattan Police Station but found that the army had already led a FIR stating that the two victims were killed in cross-ring. The army approached the families with documents – which would suggest non-involvement of the army – to sign. Further an offer of Rs.6,00,000 for each family was made. The documents stated the noninvolvement of the army and that the victims had been missing for a few days before the incident. The families of the victims made changes to the documents effectively implicating the army in the killings. They were allegedly signed by the families and the Village Committee and then taken to the 29 RR at Wusun Pattan Camp. The army was upset and subsequently raided the houses of the families of the victims on grounds of harboring militants. Aijaz Ahmad Dar's brother, Riyaz Ahmad, who ran a shop, had also been harassed by the army. The family of Sahbir Ahmad Shah gave a statement to the IPTK on 15 December 2011. The army led First Information Report [FIR] no.200/2005 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 at the Pattan Police Station. The FIR was led on 14 November 2005. The FIR states that death of the two victims was due to bullet injuries. The victims were not linked to any militant organization or political party. The FIR also states that the 29 RR had a crackdown in Palhallan on 12 November 2005. Then was a search of the houses. The army took the two victims for a search. There was ring between the militants 153 and the army .By communication dated 22 April 2014 from the Jammu and Kashmir Police a copy of the FIR and closure report were provided. But, it was stated that the nal report was unavailable. By communication dated 6 January 2015 it was stated that the case was closed on 31 March 2006 and that the casele was enclosed. The families of the victim intended to le a petition before the High Court of Jammu and Kashmir but did not do so due to fear. Also, on record is a letter from the Senior Superintendent of Police, Baramulla to the District Magistrate, Baramulla stating that the victim was not involved in subversive activities, but the letter refers to “cross-ring”. Available documents from the Ministry of Defence do not mention this case at all, thereby suggesting that the case was never sent for sanction for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA]. This is in keeping with the fact that the police closed the case. Further, the available documents do not suggest that even a Court-Martial was conducted in this case by the army. Case No. 167 Victim Details 1. Aamir Akbar Hajam [Extra-Judicial Killing] Age: 9 Son of: Mohammad Akbar Hajam Resident of: Doodhipoora, Handwara, Kupwara District 2. Ghulam Hassan Bhat [Extra-Judicial Killing] Age: 18 Son of: Ghulam Rasool Bhat [deceased] Resident of: Doodhipoora, Handwara, Kupwara District 3. Shakir Hassan Wani [Extra-Judicial Killing] Age: 10 rd Occupation: 3 Standard student Son of: Ghulam Hassan Wani Resident of: Doodhipoora, Handwara, Kupwara District 4. Abdul Samad Mir [Extra-Judicial Killing] Age: 26 Son of: Mohammad Ahsan Mir Resident of: Doodhipoora, Handwara, Kupwara District Alleged Perpetrators 1. Captain [presently Major] Nitin Dutta alias Rambo/Aijaz Khan [both operational names], 33 Rashtriya Ries [RR], Army, Camp Doodhipora, Tikri 2. Subedar Birkha Raj, 33 Rashtriya Ries [RR], Army, Camp Doodhipora, Tikri 3. Rieman Dhiraj Bharti, 33 Rashtriya Ries [RR], Army, Camp Doodhipora, Tikri 4. Rieman Deep Bahadur, 33 Rashtriya Ries [RR], Army, Camp Doodhipora, Tikri 5. ALD Chanchal Singh, 33 Rashtriya Ries 153 Information on these FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
442 | Structures of Violence [RR], Army, Camp Doodhipora, Tikri 6. SWR Ram Singh, 33 Rashtriya Ries [RR], Army, Camp Doodhipora, Tikri Case Information On 22 February 2006 at about 1:00 pm, a 33 RR patrol party came from the Sheep Camp and the Doodhipora, Wadder Camp towards the village. The patrol party was headed by Captain Rambo. The patrol went towards Abdul Samad Mir's house. Abdul Samad Mir ed from his house towards the nearby ground and the party chased after him and red upon him. He died on the spot. The children who were playing on the ground started to run as well towards a nearby stream. While the elder children were able to cross the stream, the younger children were unable to do so. Shakir Hassan Wani and Aamir Akbar Hajam were unable to cross the stream and Ghulam Hassan Bhat picked them up in his arms and was trying to take them across the stream when Captain Rambo opened re on them. Shakir Hassan Wani and Ghulam Hassan Bhat died on the spot. Aamir Akbar Hajam was injured and taken to the Handwara Hospital. On the way to the hospital he told people that the other two boys had been killed by the army. He succumbed to his injuries. The police came at around 3:00 pm. Until then the army had cordoned off the area and had not allowed the villagers close to the bodies. Captain Rambo attempted to put a pouch with grenades on the body of Abdul Samad Mir but the police prevented this. Following the ling of a case, the army attempted to persuade the families of the victims to withdraw the case on numerous occasions. During the investigation of the case, the Investigating Ofcer Khazir Mohammad took blank, signed [by signature or by thumb print] statements from the fathers of three victims [all except from the father of Abdul Samad Mir]. Subsequently, the families drafted an application raising this issue and showed it to the Investigating Ofcer and threatened to le it. On this, the blank statements were returned by the Investigating Ofcer. The family of Shakir Hassan Wani gave a statement to the IPTK on 15 February 2012. First Information Report [FIR] no.20/2006 was led at the Handwara Police Station on 23 February 154 2006 . The FIR mentions the alleged perpetrator as the accused in this case. The families of the victims gave their statements to the police during the investigation. The families of the victims testied before the Government appointed enquiry, which was conducted by Judge Naqshbandi, District Judge. The families of the victims state that the army did not cooperate with the enquiry. Further, the enquiry was never concluded. The families of the victims received Rs.1,00,000 exgratia relief each and compassionate employment under SRO-43 [Statutory Rules and Orders]. The families of the victim led a petition before the High Court of Jammu and Kashmir [Original Writ Petition (OWP) 912/2012]. A status report was submitted by the Jammu and Kashmir Police in September 2012 that conrmed that the alleged perpetrator was on duty at the concerned location on the date of occurrence of the event in question. Further, that the investigations had been stalled by the non-coperation of the army. The Ministry of Defence and the alleged perpetrator submitted their joint response in September 2012. The response conrmed that an operation did take place on that day based on information relating to the presence of militants. The militants escaped along with “Abdul Samad Mir @ Rahil” an established over-ground worker. The civilians were killed due to the indiscriminate ring by the “terrorists” or in cross- ring. Two soldiers also sustained injuries. Abdul Samad Mir's body was found “with puch and war like stores”. FIR no. 18/2006 was led at the Handwara Police Station by the army. Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 15 October 2013. By communication dated 9 December 2013 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI dated 14 November 2014. The FIR states that a legitimate encounter took place following ring from militants. It is stated that injuries were sustained by Rieman Dheeraj Bharatee and Rieman Deep Bahadur Thapa. It was also stated that due to the militants ring, one civilian and one child were killed, while another child was severely injured. The injured child subsequently succumbed to injuries. Subsequently, a body of a militant was found, and near him was found arms and ammunitions. The militant was identied as Abdul Samad Mir, who had earlier been booked under “FIR No. 155 2052/10/1/FIRGS (Ops) ” for possession of a radio set, Kenwood model, and was released on bail on 15 September 2005. He was conrmed to be an active nancial conduit for the Lashkar-e-Taiba. An army Court of Inquiry exonerated the army of any liability in the incident. Subsequent status reports led before the High Court summarize the position of investigations as follows: 154 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information was provided. Further information sought through RTI on 15 October 2013. By communication dated 9 December 2013 it was stated that investigations are ongoing and a copy of the FIR was provided. Further information sought through RTI dated 14 November 2014. 155 Further information sought through RTI dated 14 November 2014. By communication dated 19 December 2014 from the Jammu and Kashmir Police information was provided that further specic information on the FIR number needed to be provided before information could be ascertained and provided.
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