STRUCTURES OF VIOLENCE

443| Structures of Violence
- Two personnel ALD Chanchal Singh and
SWR Ram Singh appeared before the police and
stated that on the day of occurrence they were
under the command of Nitin Dutta and were in two
parties as they went to Doodhipora village. One
party was led by Captain Nitin Dutta and the other
was kept under the control of Subedar Birkha Raj.
This is the team that was involved.
- Captain Nitin Dutta [now Major] appeared
and admitted that he headed the operation. But,
like the other witnesses the says they only did
retaliatory ring.
- The police is seeking the attendance of
Subedar Birkha Raj, Rieman Dhiraj Bharti and
Rieman Deep Bahadur. Subedar Birkha Raj is in
Nepal.
The petition remains pending.
It is noteworthy that despite the passage of six years,
no investigations or prosecutions appear to have
been conducted or concluded by the Jammu and
Kashmir Police.
The response of the Ministry of Defence and the
alleged perpetrator appears convenient, unclear and
highly unreliable. For example, the names of soldiers
injured are nowhere on record.
Further, the response before the High Court
alternates between blaming the “terrorists” for the
death of the civilians and cross-ring. Therefore, an
extra-judicial killing of four persons, including two
minors, has been completely covered up and ignored.
Most importantly though the police investigations
have conrmed the command and control of Captain
Nitin Dutta [in fact he accepts it as well]. This along
with the testimonies of the families is a strong
indictment.
Case No. 168
Victim Details
1. Mushtaq Ahmad Zarger [Abduction, Wrongful
Connement, Torture and Extra-Judicial
Killing (Fake Encounter)]
Son of: Mehad Joo
Resident of: Sangla, Surankote, Poonch
District
2. Mohammad Rashid Chopan [Abduction,
Wrongful Connement, Torture and Extra-
Judicial Killing (Fake Encounter)]
Son of: Ghulam Mohammad
Resident of: Baiaz, Surankote, Poonch
District
Alleged Perpetrators
1. Colonel Dharmender Gupta, Deputy Brigade
Commander, 6-Sector, Rashtriya Ries [RR],
Army, Potha, Surankote
2. Colonel P.S.Gothra, Commanding Ofcer, 25
Rashtriya Ries [RR], Army, Draba,
Surankote
nd
3. Ofcer, Liason Agency, 82 Battalion Border
Security Force [BSF], Surankote [as of 2006]
Case Information
Abdul Rashid Zarger, the uncle of Mushtaq Ahmad
Zarger, had led complaints to various quarters,
including the Chief Justice of the High Court of Jammu
and Kashmir, against Colonel Dharmender Gupta, for
implicating him in a false case and for harassment and
intimidation.
The Chief Justice of the High Court thereafter ordered
an enquiry by the Principal District and Sessions
Judge, Poonch District. Mushtaq Ahmad Zarger was
to appear as a witness before this enquiry on 22
August 2006, but before that was called by Colonel
P.S.Gothra, Commanding Ofcer, 25 RR and an
nd
Ofcer of the Liason Agency, 82 Battalion BSF to the
Draba camp.
Mushtaq Ahmad Zarger was threatened and told that
if he testied he would face dire consequences.
Further, he was offered Rs.40,000 to not testify but he
refused. His evidence was then xed for 14 October
2006. Threats were also received by Abdul Rashid
Zarger, who was provided security by a 5 May 2006
order issued by the District and Sessions Judge,
Poonch District.
Also, on record is a petition from Abdul Rashid Zarger,
addressed to the State Human Rights Commission
[SHRC], that alleged threats and torture by Colonel
Dharmender Gupta.
On 1 September 2006, Mushtaq Ahmad Zarger and
Mohammad Rashid Chopan, were leaving
Pakherpora after they had attended a marriage
ceremony. While boarding a bus at the Pakherpora
bus stand both of them were picked up by Colonel
Dharmender Gupta, tortured for ve days, and killed
in a fake encounter at Akal Rajpora, Pulwama.
The police led First Information Report [FIR]
no.146/2006 u/s 307 [Attempt to 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 Rajpora
Police Station based on sources that claimed that two
militants had been killed in cross-ring with armed
forces and arms and ammunitions were recovered.
Further information sought through RTI dated 14
November 2014. By communication dated 2 May
2015 information was provided that this case was
closed by declaring the perpetrators as untraced and
copies of FIR and nal report were provided
[information was also provided by communication
dated 28 April 2015].