STRUCTURES OF VIOLENCE

447| Structures of Violence
victim and purportedly bearing his thumb print. This
was done to create the impression that the victim was
alive.
The preliminary investigations in this case suggest
that other people could have been killed in a similar
manner for awards and other incentives and buried
into unmarked, unidentied graves in Jammu and
Kashmir.
Of particular signicance in the case of alleged
perpetrator Hans Raj Parihar is that he was implicated
in other cases, which are referred to in this report, and
yet he received, as per publicly available information,
the Director General of Police's Commendation
Medal for 2001.
Case No. 170
Victim Details
Identity not ascertained [Extra-Judicial Killing]
Alleged Perpetrators
1. Colonel Joneja, 49 Rashtriya Ries [RR],
Army
Case Information
The Ministry of Defence, in response to information
sought through the Jammu and Kashmir Right to
Information Act, 2009 [RTI] on sanctions for
prosecution under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA], stated
on 10 January 2012 that on 17 December 2006 there
was a killing by shooting.
First Information Report [FIR] no.131/2006 was led.
Sanction for prosecution was declined on 8 March
2011. Further, it was stated that: “no ofcer by the
name of Colonel Joneja was ever borne on the
strength of 49 Rashtriya Ries. Therefore, question of
involvement of Colonel Joneja in the case does not
arise”.
The Jammu and Police investigations in the case are
not with the IPTK and therefore the decline of sanction
for prosecution under AFSPA cannot be appropriately
analyzed. No proof is provided by the Ministry of
Defence for its reason for decline of sanction for
prosecution.
It is noteworthy that it took the Jammu and Kashmir
Police and Government of Jammu and Kashmir ve
years to investigate and process the case for
acquiring sanction for prosecution under AFSPA
which apparently helped the perpetrators in evading
justice. Further, the available documents do not
suggest that even a Court-Martial was conducted in
this case by the army.
Case No. 171
Victim Details
Showkat Ali Mughal [Abduction, Torture and Extra-
Judicial Killing (Custodial Killing)]
Son of: Haji Mohammad Lateef Mughal
Resident of: Chaprian, Rajouri District
Alleged Perpetrators
1. Showkat Ali Malik, Station House Ofcer
[SHO], Rajouri Police Station, Jammu and
Kashmir Police
2. Gyan Singh, Investigating Ofcer, Rajouri
Police Station, Jammu and Kashmir Police
3. Constable Mohammad Razak, Jammu and
Kashmir Police
4. Tasaduk Hussain, Jammu and Kashmir
Police
Case Information
Showkat Ali Mughal was killed in custody by the
alleged perpetrators. Showkat Ali Mughal was
arrested from his house on 13 February 2007 in
connection with some theft and during torture he
collapsed and was taken to the District Hospital
Rajouri where he was declared dead.
An enquiry was conducted by K.K.Sharma, Additional
District Magistrate, Rajouri. It was concluded that
Showkat Ali Mughal had died due to a cardiac arrest
attributed to fear and exposure to severe cold.
The family of Showkat Ali Mughal approached the
State Human Rights Commission [SHRC] on 19
February 2007 and a nal decision was delivered on 9
July 2008. Rs.2,00,000 ex-gratia government relief
was recommended.
The SHRC arrived at its decision by considering
reports from the police.
The SHRC rst considered the report of the Deputy
Inspector General of Police [DIG], Rajouri / Poonch
Range which based its conclusions on the report of
the Additional District Magistrate, Rajouri.
Also considered was the enquiry report by the
Inspector General of Police [IGP], Jammu Zone that
reported that the person in custody was confronted
with evidence gathered by the police and he must
have been frightened of the consequences which
caused his cardiac arrest resulting in death. It further
also stated that death is not attributed to torture.
The report of the Additional District Magistrate,
Rajouri refers to the testimony of the following
witnesses: Sakeena, mother of the victim,
Mohammad Rashid, Abdul Khaliq, Khadam Hussain