STRUCTURES OF VIOLENCE

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457| Structures of Violence Army, Camp Bomai [referred to as Rajinder post camp] 3. Sepoy Pritam, 22 Rashtriya Ries [RR], Army, Camp Bomai [referred to as Rajinder post camp] 4. Sepoy Harvinder Singh, 22 Rashtriya Ries [RR], Army, Camp Bomai [referred to as Rajinder post camp] Case Information On 21 February 2009 at 5:45 pm, Mohammad Amin Tantray and Javaid Ahmad Dar were killed in army ring at Bomai, Sopore. The incident occurred when an army convoy of 22 RR was passing through the area near Bomai. Nazir Ahmad Khwaja was injured in the ring but survived. The family of Mohammad Amin Tantray states that on 21 February 2009, Mohammad Amin Tantray and Nazir Ahmad Khwaja went to the market for a walk. Meanwhile, an army vehicle of the 22 RR camped at Bomai came and opened indiscriminate re. One bullet hit the throat of Mohammad Amin Tantray and the other bullet hit Nazir Ahmad Khwaja on the arm and near his chest. There was no justication for the ring. The family of Mohammad Amin Tantray has been greatly affected by the incident. Further, to obtain information regarding the proceedings in the matter they have had to run from ofce to ofce with no result. The family of Javaid Ahmad Dar states that on 21 February 2009 Javaid Ahmad Dar had gone to the shrine in Tujjar Sharief, Sopore. On his way back, at Bomai the personnel of the 22 RR red on pedestrians without any provocation. Javaid Ahmad Dar was not taken to the hospital immediately due to which he lost a lot of blood and subsequently died. The personnel responsible for the killing had come from the post referred to as the “Rajinder Post”. The family of Mohammad Amin Tantray gave a statement to the IPTK on 24 December 2011. The family of Javaid Ahmad Dar gave an undated, unsigned statement to the IPTK. The State Human Rights Commission [SHRC] after taking suo-moto cognisanze of the case found on 4 January 2010 that the victims were innocent, relief and benets where eligibility was satised had been provided, and recommended that the investigation be brought to its logical conclusion. The family of Javaid Ahmad Dar received Rs.1,00,000 ex-gratia government relief and compassionate employment under SRO-43 [Statutory Rules and Orders]. The Government of Jammu and Kashmir ordered an enquiry by the Deputy Commissioner [DC], Baramulla, Baseer Ahmed Khan. This was completed but the report does not appear to have been made public. The report allegedly indicts the army for the killing of Mohammad Amin Tantray and 168 Javaid Ahmad Dar. It has also been reported that an army Court of Inquiry indicted two soldiers and a 169 Junior Commissioned Ofcer [JCO] . The Ministry of Defence, in response to a RTI on sanctions for prosecution under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], stated on 10 January 2012 in relation to this case that it was under examination. The names of the alleged perpetrators were referred to as well. But, in the most recent communication, of 9 January 2014, from the Jammu and Kashmir Police, it is stated that “Govt sanction declined / UI” – presumably that government sanction was declined, but the case remains under investigation. In response to a RTI on Home Department empowered committee on SHRC recommendations, the Home Department by communication dated 24 March 2014 provided information on other cases, including the instant one. th It was taken up in the 12 meeting on 24 June 2010. Here the Home department states that the investigation of the case is completed and sanction for prosecution would be sought shortly. Despite a Court of Inquiry reportedly nding against the army personnel, the available documents do not suggest that a Court-Martial was conducted in this case by the army, and it appears that sanction has been declined, but the police continue to hold investigations. First Information Report [FIR] no.73/2009 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led at 167 the Sopore Police Station on 21 February 2009. 167 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information was provided. Information on the status of the case and enquiry conducted was sought through RTI on 26 April 2012. No information was provided. Further information sought through RTI on 15 October 2013. By communication dated 9 January 2014 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI dated 14 November 2014. 168 Greater Kashmir, http://www.greaterkashmir.com/news/2012/Feb/13/probes-fail-to-nail-culprits-45.asp, 13 February 2012. Information on the report was sought through RTI on 27 April 2012. No information was provided. 169 Kashmir Observer, http://www.kashmirobserver.net/index.php?view=article&catid=15%3Atop-news&id=1127%3Aarmy-holds-3- soldiers-guilty-of-lapses&tmpl=component&print=1&layout=default&page=&option=com_content.
458 | Structures of Violence employment and relief and not pursue the case. Further, the villagers who gave statements were asked to change their statements and blame “people in pherans” for the killings. At the police station, where the DSP instructed them on the change of their statements, there were also certain CRPF personnel present. The family of the victim gave a statement to the IPTK on 21 June 2014. The ofcial position of the CRPF was that a CRPF patrol had gone to the village on specic information about the presence of militants. The patrol was red 170 upon by militants and they returned the re. The Government of Jammu and Kashmir ordered an inquiry into the killing of Ghulam Mohi-ud-Din Malik 171 which was completed . It was reported that a Court of Inquiry was constituted into the killing by the 172 CRPF . The alleged perpetrators listed above are reported to 173 have been responsible for the killing . FIR no. 22/2009 u/s 302 [Murder], 452 [House trespass after preparation for hurt/assault/wrongful restraint] Ranbir Penal Code, 1989 [RPC] was led 174 at Rajpora Police Station on 18 March 2009. The 25 July 2012 communication from the Jammu and Kashmir Police states that the investigation of the case is complete but pending as the CRPF personnel were yet to be arrested. It is noteworthy that despite the passage of ve years, the prosecution of the alleged perpetrators has stalled as they are yet to be arrested. The Jammu and Kashmir Police appears to have failed to use the coercive powers at its disposal to effect the arrest and ensure that the perpetrators of the crime are brought before the court. Further, the IPTK sought information on 10 January 2012 on all inquiries and Court-Martials conducted by the BSF between 1990 and 2011 in Jammu and Kashmir. No information was provided. 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. No information was provided. Case No. 180 Victim Details Manzoor Ahmad Beigh [Extra-Judicial Killing] Age: 40 Occupation: Car broker Son of: Abdul Ahad Beigh [deceased] Resident of: Begh Mohalla, Aluchi Bagh, Srinagar Alleged Perpetrators 1. Inspector Khursheed Ahmed Wani, Special Operations Group [SOG], Jammu and Kashmir Police, Camp Cargo, Shergari 2. Hilal Ahmad alias Sahaba, Civilian Case Information On 18 May 2009, Manzoor Ahmad Beigh was abducted from his shop in Khanyar. The brother of the victim was informed at around 1:30 pm, by two friends of the victim that Manzoor Ahmad Beigh had been receiving numerous calls from Inspector Khursheed Ahmed Wani to visit the SOG Cargo Camp, Shergari. On the day of his killing, the victim, and his two friends went to the camp. While the victim entered the camp, his friends were made to wait outside for more than three hours. They saw a Santro car, with the victim in it, leaving the camp. The victim was taken to the Ramzaan Hospital, where based on the poor condition of the victim he was not admitted, and then taken to the Shri Maaharaj Hari Singh [SMHS] hospital where he was declared dead on arrival. The family of the victim state that the body of the victim bore torture marks. First Information Report [FIR] no. 32/2009 u/s 302 [Murder] Ranbir Penal Code, 1989 [RPC] was led 175 at Police Station Karan Nagar . By communication dated 30 November 2013 from the Jammu and Kashmir Police a copy of the closure report was provided along with information that the case was closed as not admitted. Following public protests, the District Magistrate, Srinagar ordered an inquiry into the killing. The Additional District Development Commissioner, Srinagar, was appointed as inquiry ofcer and submitted his report on 25 May 2009 and indicted Inspector Khursheed Ahmed Wani for unnecessarily calling the victim to his camp. But the nal conclusion 170 The Tribune, http://www.tribuneindia.com/2009/20090320/j&k.htm#1, 20 March 2009. 171 Rising Kashmir, http://www.risingkashmir.in/news/of-promises-probes-and-kashmir-puzzle-13658.aspx, 5 August 2011. 172 Express India, http://www.expressindia.com/latest-news/JK-govt-orders-magisterial-enquiry-into-recent-civilian-killing/436949/, 20 March 2009. 173 Greater Kashmir, http://www.greaterkashmir.com/news/2009/Mar/29/crpf-troopers-killed-khaigam-carpenter-46.asp, 29 March 2009, Kashmir Awareness, http://www.kashmirawareness.org/Article/View/789/200-days-abdullah-regime-lives-lost-one-every-8th-day, 20 July 2009. 174 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 2 July 2012. By communication dated 25 July 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014. 175 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. On 2 June 2012 a copy of the FIR was provided. Further information sought through RTI on 15 October 2013.
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