STRUCTURES OF VIOLENCE

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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
448 | Structures of Violence and Mohammad Saleem. These witnesses categorically stated before the enquiry ofcer as to how Showkat Ali Mughal was arrested by the police and how they approached them for his release and in what manner they were avoided till they learnt about his death in custody. Further, that they made an effort to take him to hospital where he was declared dead. The medical report also suggested death by heart attack by fear/fright or sudden exposure to severe cold. The SHRC concluded that the statement of witnesses before the enquiry ofcer constituted credible evidence and the medical report also suggested that Showkat Ali Mughal had died in the police custody. Emphasis was placed on the fact that the death had taken place in custody. The report of the Additional District Magistrate, Rajouri was strongly criticized. Further, the SHRC stated that Showkat Ali Mughal was a “hale and hearty person”. The alleged perpetrators were found liable for the death of Showkat Ali Mughal. It is noteworthy that despite the passage of ve years, and the SHRC order, no investigations or prosecutions appear to have conducted or concluded by the Jammu and Kashmir Police. This has effectively helped the perpetrators of the crime evade justice. Case No. 172 Victim Details 1. Reyaz Ahmad Bhat [Abduction and Extra- Judicial Killing] Son of: Mohammad Ismail Bhat, Saleema Resident of: Shamishwari, Kalashpora, Srinagar 2. M a n z o o r A h m a d S h e r g o j r i [ Wa g a y ] [Abduction and Extra-Judicial Killing] Age: 15/16 Son of: Ghulam Qadir Spouse: Mugli Resident of: Naina Batpora, Pulwama district 3. Sartaj Ahmad Ganai [Abduction and Extra- Judicial Killing] Son of: Ghulam Qadir Resident of: Tikipora, Shopian district 4. Identity not ascertained [Abduction and Extra- Judicial Killing] Alleged Perpetrators 1. Hilal Ahmad Sheikh, resident of Madina Colony, Bemina, Civilian 2. Ajaz Ahmad, brother of Hilal Ahmad Sheikh, Civilian 3. Showkat Ahmad Mir, brother in law of Hilal Ahmad Sheikh, Inspector in the Vigilance Department 4. Assistant Sub-Inspector [ASI] Tariq, Duty Ofcer, S.R.Gunj Police Station, Jammu and Kashmir Police 5. Ghulam Rasool, Station House Ofcer [SHO], S. R. Gunj Police Station, Jammu and Kashmir Police 6. Commandant, 47 Rashtriya Ries [RR], Army [as of April 2007] 7. Mohammad Younis, Special Operations Group [SOG], Jammu and Kashmir Police, Gungbugh 8. Mohammad Sha, Special Operations Group [SOG], Jammu and Kashmir Police, Gungbugh 9. Qamar-ud-Din, Station House Ofcer [SHO], Kupwara Police Station, Special Operations Group [SOG], Jammu and Kashmir Police, Gungbugh Case Information The four victims were killed. Armed forces claimed to have killed four militants on 29 April 2007. The family of Reyaz Ahmad Bhat state that he went missing on 25 April 2007. His sister, Sabia, was married to Hilal Ahmad Sheikh. Sabia was at her parent's residence on that day. Hilal Ahmad Sheikh came to the house along with his brother Ajaz Ahmad. There was a ght in which Reyaz Ahmad Bhat intervened. Reyaz Ahmad Bhat left the house along with Hilal Ahmad Sheikh and Ajaz Ahmad and has disappeared since. A few minutes later, the police arrived and the brother of Reyaz Ahmad Bhat, Javed Ahmad Bhat was taken to the S.R.Gunj Police Station. Subsequently, the father of the victim and two others were also arrested and brought to the police station. All of them were beaten at the police station. At this point, Showkat Ahmad Mir, an Inspector in the Vigilance Department and brother in law of Hilal Ahmad Sheikh was present in the police station. Tariq, the Duty Ofcer at the police station was the person administering the beatings. On the fth day of the arrest, Javed Ahmad Bhat heard Ghulam Rasool, SHO, S.R.Gunj Police Station, tell someone on the phone that “Reyaz” had been “hit” in Nowgam. Javed Ahmad Bhat was nally released on 1 May 2007. By this time, the others had been released as well. On 2 May 2007, Javed Ahmad Bhat received an anonymous phone call informing him that his brother had been killed at Kandi, Kupwara. A similar phone call was received on the following day as well. Javed Ahmad Bhat went to the SHO, S.R.Gunj Police Station to le an FIR but the SHO, Ghulam Rasool, refused to do so. On 9 November 2007, Javed Ahmad Bhat visited the Kupwara Police Station where he was shown photographs of the 29 April 2007 encounter. While he was not certain, he seemed to recognize the picture of his brother. The body of Reyaz Ahmad Bhat was not exhumed as much time had already passed.
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114 CHAPTER 3: COURTS OF VIOLENCE I
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CHAPTER 4: ALLEGED PERPETRATORS - A
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