STRUCTURES OF VIOLENCE

451| Structures of Violence
The SHRC then states, based on the SHO, Sopore
Police Station report that the victim was not involved
in any subversive activities. This matter of the eyewitnesses
naming Anil Ramachari as the person who
red at the victim is conrmed by the DGP, Jammu
and Kashmir letter to the SHRC on 2 September 2008
and a letter from the SHO of the Sopore Police Station
th
to the Commanding Ofcer of the CRPF, 179
Battalion, Sopore of 30 August 2007.
Further, the family of the victim received a copy of a
document – which also states that Constable Anil
Ramachari is the person identied to have killed the
victim in the presence of Satpal Singh – from the SHO
of Sopore Police Station. This is an unsigned
document.
Finally, and relevant to the issue, the family of the
victim sought protection for the eye-witnesses in the
case from the High Court during the proceedings
[under Criminal Miscellaneous Petition (CMP) no.:
986/2008]. The contention was that these witnesses
were being harassed.
The High Court on 4 June 2008 asked the SSP,
Baramulla to consider the matter and take necessary
action.
Therefore, the police accept that the witnesses have
named Anil Ramachari.
It is on record that the witnesses appear to have been
harassed. Satpal Singh has been specically
identied during the identication parade.
Therefore, the only lacunae in this case, that Anil
Ramachari was not positively identied during the
parade, would appear to in fact be a case of
witnesses, intimidated and harassed, unable to take
the nal and crucial step of pointing out the alleged
perpetrator.
Under these circumstances, it would appear that the
system seems unable to deal with this issue and
unfortunately, the only outcome might well be a
closure report in this case.
The positive identication of Satpal Singh, and that
the bullet that was red and killed the victim was
provided to the police [according to the family], should
ordinarily have assisted the police in implicating the
alleged perpetrator.
The CRPF Court of Inquiry lacks transparency and it
is unclear whether in the Court of Inquiry, or during
police investigations, Satpal Singh, having been
identied, was ever questioned.
If Satpal Singh has suppressed facts in this case, he
could also be considered as a co-accused in the case
for his role in the killing and subsequent cover up.
The post crime support to the alleged perpetrator and
the non-cooperation of the CRPF with the
investigations suggests an endorsement of the crime
by the CRPF.
The IPTK sought information on 10 January 2012 on
all inquiries and Court-Martials conducted by the
CRPF between 1990 and 2011 in Jammu and
Kashmir but no information was provided.
Further, the IPTK sought information on 10 January
2012 on all cases of sanctions for prosecution under
AFSPA relating to the Ministry of Home Affairs
between 1990 and 2011 in Jammu and Kashmir but
no information was provided.
Therefore, this case might well serve as another
example of one where the systems of justice are
unwilling to deal with the realities of justice in
Jammu and Kashmir.
Case No. 174
Victim Details
Farooq Ahmad Rather [Extra-Judicial Killing]
Age: 30
th
Occupation: Shawl seller/appearing for 12 Standard
exams
Son of: Abdul Rehman Rather
Resident of: Mazhamma, Beerwah, Budgam District
Alleged Perpetrators
1. Constable Jarnail Singh, Special Operations
Group [SOG], Magam, Jammu and Kashmir
Police
Case Information
On 25 June 2008 there was a peaceful protest on the
Amarnath shrine land issue about 100 yards from the
residence of Farooq Ahmad Rather. A road in the area
had been blocked with stones. A police party arrived,
removed the stones and then started ring
indiscriminately. They entered the houses in the area
and beat the residents. During this indiscriminate
ring, a bullet hit the victim while he was sleeping
inside his residence. The family of the victim and
others immediately attempted to rush the victim to the
hospital. They were initially stopped by the police who
wanted to take the body from them. This was resisted
and the victim was taken to the hospital. The victim
succumbed to his injuries. The protest was completely
peaceful and there was no stone pelting taking place.
The Senior Superintendent of Police [SSP], Budgam,
Ashiq Bukhari, told the family not to agitate the issue
and that in return employment would be provided. But,
subsequently, SSP Ashiq Bukhari was transferred.
The family of the victim blames Constable Jarnail
Singh for the death of the victim.