STRUCTURES OF VIOLENCE

468 | Structures of Violence
to eye-witnesses Tanveer Ahmad and other SOG
personnel chased the children. Faizan Ahmad Buhroo
ran over the Azadgunj bridge. He was caught at the
centre of the bridge. Tanveer Ahmad hit him on his
head with his gun butt and Faizan Ahmad Buhroo
became unconscious. Faizan Ahmad Buhroo was
then thrown into the river. Because other youth had
also jumped into the river, the police also red tear gas
shells into the river.
The body of Faizan Ahmad Buhroo was recovered
from the river subsequently on 19 July 2010. The
family of Faizan Ahmad Buhroo states that prior to the
incident Tanveer Ahmad had harmed the victim.
In June 2009, during the agitations, he shot Faizan
Ahmad Buhroo in his leg. Further, a few days before
the incident he threw a stone at Faizan Ahmad Buhroo
and hurt his eye. The family also states that an eyewitness
to the killing of Faizan Ahmad Buhroo gave a
statement to the police. The eye-witness was then
harassed as his brothers were picked up on false
charges and tortured.
When Faizan Ahmad Buhroo's body was recovered on
19 July 2010 there were protests. A boy named Fayaz
Ahmad Khanday was killed during the ring to
disperse the protestors.
The family of Faizan Ahmad Buhroo gave a statement
to the IPTK on 30 December 2011.
First Information Report no.132/2010 was led at the
187
Baramulla Police Station on 19 July 2010 . The
FIR was led following a letter from the District
Magistrate. The FIR names the alleged perpetrator.
The case was closed as not made out on 30 January
2013 by the Jammu and Kashmir Police, but it is
uncertain whether this was led before a court, as
required by law.
The family of Faizan Ahmad Buhroo did not pursue the
case out of fear. They state that Tanveer Ahmad
apologized for what he had done and his father put up
posters in the area regarding the same. A copy of the
poster is with the IPTK. Apparantly, Tanveer Ahmad
has not refuted the authenticity of the poster. The
family received Rs.5,00,000 as compensation from
the Deputy Commissioner, Baramulla.
The Government of Jammu and Kashmir instituted a
Commission of Inquiry vide SRO no.283/2010 dated
29 July 2010 to enquire into 17 cases of extra-judicial
executions in 2010, including the instant case.
The Commission was headed by Justice [Retired]
Syed Bashir-ud-Din and Justice [Retired] Y.P.Nargotra
as member.
The Central Reserve Police Force [CRPF] by ling
Original Writ Petition (OWP) no.38/2011 in the High
Court of Jammu and Kashmir contested the
jurisdiction of the Government of Jammu and Kashmir
in conducting investigations and prosecution under
the provisions of Armed Forces (Jammu and Kashmir)
Special Powers Act, 1990 [AFSPA].
The High Court issued a stay order restraining the
Commission from nalizing its report.
The conduct of the CRPF in approaching the High
Court against the functioning of the Commission of
Inquiry has subverted the mechanisms of
investigation. Particularly as in the instant case the
alleged perpetrator did not belong to the CRPF.
Further, the Jammu and Kashmir Police by its own
investigation without waiting for the report of the
Commission of Inquiry should have proceeded to
nalise the investigation and le a chargesheet in
court, as opposed to closing the case as they have
done. This particularly as the name of the alleged
perpetrator is known to the family of the victim, and is in
the FIR as well.
Case No. 187
Victim Details
Tariq Ahmad Dar [Torture, Extra-judicial killing]
Age: 20
th
Occupation: Farming [9 pass; left studies because of
family's economic condition]
Son of: Ghulam Mohiddeen Dar
Resident of: Fidarpora, Dangiwacha, Raabad,
Baramulla district
Alleged Perpetrators
1. Altaf Ahmad Khan, Superintendent of Police
[SP], Baramulla, Jammu and Kashmir Police
2. Ali Mohammed, Havaldar / Munshi in Panzalla
Police Station, Jammu and Kashmir Police
3. Mohammed Sha, Havaldar, Panzalla Police
Station, Jammu and Kashmir Police
4. Ghulam Nabi, Havaldar, Panzalla Police
Station, Jammu and Kashmir Police
Case Information
On 19 July 2010, Tariq was picked up by Havaldars Ali
Mohammad Munshi, Mohammed Sha and Ghulam
Nabi, along with other boys from the same village
namely, Riyaz Ahmed Lone, Shahzad Malla, Showkat
Dar and Shaya Dar. They were all taken to the police
post at Fidarpora.
Tariq's family rushed to the police post and was told
187 Information on this FIR was sought through Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information
was provided. Further information sought through RTI on 15 October 2013. By communication dated 30 November 2013 from Jammu
and Kashmir Police a copy of the FIR and closure report was provided. By communication dated 22 April 2014 additional investigative
documents were provided.