STRUCTURES OF VIOLENCE

455| Structures of Violence
Case No. 177
Victim Details
Fayaz Ahmad Mir [Extra-judicial Killing]
Age: 30
Occupation: Tailor
Son of: Abdul Rasheed Mir
Resident of: Zab-Khurhama, Lolab, Kupwara district
Alleged Perpetrators
1. Naresh Sood, Commanding Ofcer [CO /
Colonel ], 18 Rashtriya Ries [RR], Kooligam
Camp, Kupwara
Case Information
On 1 February 2009, at about 6:45 pm, Fayaz
returned from his shop at Khurhama accompanied by
his cousin, Zakir Mir. As soon as they reached home,
Fayaz told Zakir to carry the bags inside while he
urinated outside. At the time, Fayaz was living with his
family in an old house on the periphery of the forest.
There was no compound around the house; an open
eld surrounded it.
As Fayaz sat down to urinate, there was a loud call
from army personnel nearby telling Fayaz to put his
hands up. He replied to the army personnel saying
that he was “Fayaz Tailor”, but still they forced him to
raise his hands. As soon as he put his hands up, the
group of army men red at him.
The family of the victim heard about 5-6 gun shots
followed by sounds of Fayaz screaming, upon which
they rushed outside. They found the victim on the
ground in a pool of blood and also saw six army
personnel in uniform. The family was able to see the
army personnel, as there was still some natural light.
Abdul Rasheed Mir [father of the victim]; his two sons
– Naseer and Ghulam Rasool; his wife Saja; and
daughters-in-law Parveena and Dilshada, all saw the
army personnel, and except for Saja, all of them
chased after the army men. Saja remained with her
son – Fayaz, the victim. During the chase, the victim's
brothers threw stones at the army personnel, to which
the army men retaliated by ring in the air. The family
chased the army personnel for about one hundred
meters.
At this point, the family ran back towards Fayaz and
carried him to the main road. On reaching the main
road, they saw a huge deployment of the army. The
family managed to get hold of a sumo vehicle and put
the victim into it. However, the army stopped and
questioned them about the shooting for fteen
minutes before they could put Fayaz onto the vehicle.
Enroute to Kupwara hospital, the victim spoke to his
brother and his father. The victim told them that the
army personnel shouted at him to raise his hands to
which he replied that he was “Fayaz Tailor”. Fayaz told
his father and brother that he believed the army
personnel intentionally shot him after they heard his
name. At Kupwara hospital, the victim was referred to
Sheri Kashmir Institute of Medical Science [SKIMS],
Soura, Srinagar.
En route to Srinagar, the victim succumbed to his
injuries at Pattan, Singhpora. He had been shot on the
right side of his abdomen, in the groin area. He had
also received bullets on both elbows, which were
badly damaged. On arriving at SKIMS, Soura, he was
declared dead. The family headed back to Kupwara
the same night where they stayed for a short while.
The next morning they carried the victim's dead body
back home. The family performed the last rites of the
victim at about 12:30 pm. The autopsy on the body of
the victim was conducted at SKIMS, Soura.
In the morning, Senior Superintendent of Police
[ S S P ] , K u p w a r a U t t a m C h a n d ; D e p u t y
Superintendent of Police [DSP], Kupwara Ashraf Mir;
Member Legislative Assembly [MLA] Kaisar Lone;
and Additional Deputy Commissioner [Addl. DC]
Kupwara reached the house. They assured the family
that they would investigate the case. The Jammu and
Kashmir Police led a First Information Report [FIR]
against the 18 RR camped at Kooligam. During
investigation, the police recovered 5-6 shells from the
spot on the day that Fayaz's body was brought back
numbered 4 round, 99/324, 2 round, 97/322, 8 round,
98/323.
The police remained in the house of the victim for
continuously over four days. On the fth day, a team of
army ofcers accompanied by the investigating
ofcer, Bashir Ahmad, also the Assistant Sub-
Inspector [ASI] Police, Kooligam arrived. The army
ofcers said they had come to investigate the matter.
They also told the family to come to the Kooligam
camp the next day.
The next day, the family went to the Kooligam camp
where the ofcers asked them about the incident.
After that, the ofcers brought six army men who they
said were involved in the ring. Then, the Brigade
Commander took a statement of Zakir Ahmad Mir, son
of Abdullah Mir and the statements of Naseer Ahmad
Mir, brother of victim, and the statement of the victim's
father in the presence of the investigating ofcer. The
statements were taken in front of all these six army
men. Before the statements were taken, the
investigating ofcer told the family that the CO wanted
to see them. Naresh Sood, the CO of the 18RR,
Kooligam Camp, requested the father of the victim to
forgive him. The CO said that his men had committed
a blunder and he sought mercy for them. The victim's
father retorted and asked the CO why had his men not
taken mercy on the victim, upon which the CO fell
silent. The father of the victim saw the name of the CO
on his nameplate that day. After the statements were
taken, the Brigade Commander told the family that his
men had committed wrong. When the Brigade
Commander visited the victim's house, he told the