STRUCTURES OF VIOLENCE

456 | Structures of Violence
family that he had detained all six army men
responsible for the ring. He even displayed a key and
said that it was the key of the lock up.
After about one week, the family was called to the
police headquarters, Kupwara, to the ofce of the DSP.
The DSP recorded statements of the father of the
victim and Naseer, Ghulam Rasool, brothers of the
victim as well as Abdul Gani Mir, the Numberdar.
One year after the incident, the CO was possibly
transferred from the Kooligam Camp.
On one occasion, the investigating ofcer asked the
family to reconcile with the army. The victim's brother,
Ghulam Rasool, went to meet the investigating ofcer
at his house. After meeting the investigating ofcer, the
brother was coming out of the house and saw army
personnel giving the investigating ofcer two barrels of
kerosene. The family, on seeing this, complained to
the DSP about the investigating ofcer's conduct and
of his taking bribes from the army. The DSP rebuked
them by saying that he should be allowed to take such
a bribe.
On another occasion, the father of the victim asked the
DSP about the status of the case. He replied that he
was communicating with the CO of the 18RR but there
was no reply from the army.
In April 2009, the brother of the victim went to the State
Human Rights Commission [SHRC] and led a
complaint, which is perhaps still pending.
The 18RR Kooligam camp continues to be in the same
place.
A relief case was also processed in the ofce of the
Deputy Commissioner, Kupwara. The wife of the victim
was given Rs. 1 lakh as ex-gratia relief and an
additional Rs. 4 lakhs in lieu of compassionate
employment under Statutory Rules and Orders 43
[SRO 43].
The wife of the victim, after taking the money, remarried
a person named Bilal Ahmad Khan, son of
Rashid Khan, resident of Kalaroos Padipora,
Kupwara. Bilal was working as a coolie with the army
when Tahira remarried him. She remarried without
informing the victim's family. She left the house only a
few days after she got the ex-gratia relief amount
saying she wanted to visit her father. But, she never
returned and a few months later the victim's family
came to know what had happened.
The father of the victim, Abdul Rashid Mir, gave the
above statement to the IPTK on 14 December 2013.
Police has registered a First Information Report [FIR]
no. 3/2009 under sections 302 [Murder] of the Ranbir
Penal Code [RPC] at the Police Station at Lalpora.
Further information was sought on this FIR through
Right to Information Act [RTI] through an application
dated 14 November 2014.
It is to be noted that the statement of the father of the
victim, an eyewitness to the extra-judicial killing forms
the basis for this case. Though this statement is
detailed and without contradictions, it is essential for
the statements of all the witnesses to the events
leading to the custodial killing to be recorded. These
have not been obtained so far but are valuable
evidence against the person responsible for directly
perpetrating the crime on the victim. According to the
statement, before the victim died, the victim told his
father and brother that he believed the army personnel
intentionally shot him even though he identied
himself to them as 'Fayaz Tailor'. The victim died
shortly after, in Pattan, Singhpora enroute to SKIMS,
Soura. Under the law, such a statement would
constitute a dying declaration and, if corroborated by
other evidence, may be used to sustain a conviction.
While the names of the accused in this case are
unknown, under international criminal law principles of
command responsibility it is clear that Commanding
Ofcer Naresh Sood would be indicted for failing to
take action following receiving information of a crime
having been committed by persons under their
effective control.
There is no status of the investigations of this case by
the Jammu and Kashmir police. Based on the actions
of the investigating ofcer and the DSP in this case it
appears that the police has probably closed this case.
The Ministry of Defence seems to have cared very little
about the Jammu and Kashmir Police investigations or
in instituting a process for delivering justice. The
available documents do not suggest that even a Court-
Martial was conducted in this case by the army.
Case No. 178
Victim Details
1. Mohammad Amin Tantray [Extra-Judicial
Killing]
Son of: Mohammad Shaban
Resident of: Bomai, Sopore, Bararmulla
District
2. Javaid Ahmad Dar [Extra-Judicial Killing]
Age: 24
Son of: Mohammad Ismail Dar
Resident of: Muslim Peer, Sopore, Bararmulla
District
3. Nazir Ahmad Khwaja [Injury]
Son of: Abdul Ghaffar
Resident of: Bomai, Sopore, Bararmulla
District
Alleged Perpetrators
1. Sepoy Kamilesh, 22 Rashtriya Ries [RR],
Army, Camp Bomai [referred to as Rajinder
Post camp]
2. Sepoy Amar Singh, 22 Rashtriya Ries [RR],