STRUCTURES OF VIOLENCE

461| Structures of Violence
- Abdul Majid Beigh, brother of the victim,
testied to receiving information on his brother on
18 May 2009 from a person named Mohammad
Sultan. Further, he states that he saw his brother
lying dead in the hospital. Further, that the two
persons who had informed him about the incident
and the driver of the auto were arrested.
- Mohammad Sultan, stated that on 18 May
2009, while he was with the victim, the victim
received a phone call following which he turned
pale. The victim told him that he owed Rs.40,000
to a person named Hilal Ahmad alias Sahaba who
was now “teasing” him through SOG. Inspector
Khursheed Ahmed Wani had called him and
directed him to report to him within 10 minutes.
The victim then went to the camp along with Sadiq
Ahmad, the witness and Sameer Ahmad Bakshi.
They went in an auto. The victim entered the
camp and the others remained outside.
Subsequently, the witness stated that he left the
place and only Sameer Ahmad Bakshi remained
there [no further mention is made of Sadiq
Ahmad]. After one and half hours he called
Sameer Ahmad Bakshi to nd out what had
happened. The victim had not yet been released.
The witness called back again in 15 minutes. The
situation remained the same. At about 1:30 pm
the witness called once again and he was
informed by Sameer Ahmad Bakshi that the victim
had some heart trouble and was being taken to
Ramzaan hospital. He subsequently saw the
dead body of the victim at the SMHS hospital.
- Sameer Ahmad Bakshi, testied in a similar
manner as Mohammad Sultan but provided some
additional details. Sameer Ahmad Bakshi stated
that he spoke to a STD shop owner Imtiyaz
Ahmad Bhat and requested him to go into the
SOG camp and intervene in the matter. He then
left for his house. He returned and spoke with
Imtiyaz Ahmad Bhat who informed him that
Inspector Khursheed Ahmed Wani had xed
instalments of the borrowed amount but the victim
had felt giddy and fell down and had been taken to
the hospital.
- Imtiyaz Ahmad Bhat, stated that on 18 May
2009, Sameer Ahmad Bakshi did speak with him
and requested him to intervene in the matter
relating to the victim and Inspector Khursheed
Ahmed Wani. At about 1:40 pm the witness
entered the camp and met Inspector Khursheed
Ahmed Wani. A discussion took place, with the
victim present, the terms of compromise were
established, and then the victim felt giddy and fell
down.
- Zahoor Ahmad, a constable, stated that he
was at the gate of the Cargo camp on 18 May
2009. At 12:00 noon the victim came along with
another person. Both of them were allowed
inside. He also stated that “the said vehicle came
out of the Cargo premises with some persons in it”
but he did not see the victim.
- Zamir Hussain Teli, stated that on 18 May
2009 at about 11:30 am he made a phone call to
Hilal Ahmad alias Sahaba. Then they met,
following which Hilal Ahmad called up Inspector
Khursheed Ahmed Wani and then both the
witness and Hilal Ahmad went to the Cargo camp.
Discussions on monetary transactions took place
between the victim and Hilal Ahmad. Following
the conclusion of these discussions, the victim felt
giddy and fell down.
- Khursheed Ahmad Wani, stated that on 18
May 2009, the victim threatened Hilal Ahmad
alias Sahaba, a relative of his. The victim then
came to the witness alone, with no one
accompanying him. Hilal Ahmad and Zamir
Hussain also came to the ofce. Subsequently,
Imtiyaz Ahmad, a STD owner, also came to the
room. The transactions were concluded and then
the victim felt giddy.
- Mir Mudasir, apparently a friend of a friend of
Inspector Khursheed Ahmed Wani testied to the
events on 18 May 2009. The witness testied to
seeing Hilal Ahmad alias Sahaba and Zamir
Hussain. Further, he refers to another person who
was called in and discussions took place on
monetary transactions. The victim felt giddy and
fell down.
- Hilal Ahmad alias Sahaba also testied to the
threat he received from the victim and maintained
that the victim felt giddy and fell down as he was
leaving the ofce of Inspector Khursheed Ahmed
Wani.
The witness statements above do contradict each
other in certain respects. Imtiyaz Ahmad Bhat says he
went into the camp at 1:40 pm whereas Mohammad
Sultan says he called at 1:30 pm and Sameer Ahmad
Bakshi told him that the victim was being taken to the
hospital. Further, Zahoor Ahmad testied that both the
victim and another person, with him, were allowed
inside the camp. But, Inspector Khursheed Ahmed
Wani contradicts this portion of the evidence as he
says the victim came to him alone.
But, the crucial evidence appears to be that of the eyewitnesses.
Imtiyaz Ahmad Bhat's testimony clearly
favors Inspector Khursheed Ahmed Wani. But, it could
be argued that the witness did not have an opportunity
to view the entirety of interactions between the victim
and Inspector Khursheed Ahmed Wani. Zamir
Hussain Teli's evidence is also strongly in favor of the
alleged perpetrators but it may well be considered to
be biased evidence considering his proximity to Hilal
Ahmad alias Sahaba and the fact that since he was
present during the interaction he too could be
implicated in the crime, if admitted. The same might
also be said of Mir Mudasir. Crucially perhaps,
Inspector Khursheed Ahmed Wani, in his evidence,
does not state that the victim fell down at any
point. This could be a crucial piece of evidence.
In light of the above documentation in the case, a few
key observations may be made: the investigations in
the case appear to have been consistently doubted