STRUCTURES OF VIOLENCE

469| Structures of Violence
that he would be released after being questioned by
SP Altaf Khan. However, the next day SP Altaf Khan
said that Tariq would be released after a statement is
taken from him. By noon, Tariq was taken to the
Panzalla Police Station, whereas all the other boys
arrested along with him were released.Tariq was
detained at this Police Station from 19 to 25 July. On
25 July, he conveyed to his family that he felt that the
police was planning to kill him as the police personnel
stationed at Panzalla were receiving calls from senior
ofcers and that he wasn't subjected to any
questioning by the police.
Three days after his arrest, his uncle Abdul Khaliq Dar
was also arrested and detained in the same police
station. Abdul Khaliq Dar was released in the morning
th
of 26 July and on the same day, the police called
Tariq's other uncle Abdul Majeed Dar, village head Ali
Mohammed Dar, and a maternal uncle Ghulam
Mohammed Dar to the police station. The SP
informed them that they were sorry about the
accident. When they asked the SP what he was
talking about, he informed them that Tariq had died.
The police asked the family to bury his body on the
same night. Once the body was brought to the village,
the army and the police cordoned off the whole area
and they banned the movement of people. The family
found that Tariq's back had been burnt and that he had
been stied to death. Abdul Khaliq later said that on
the evening of 25 July, Tariq had been taken out of his
lock up and was taken to an unknown location in a
police vehicle.
Tariq had been killed during police torture but the
police led a case saying that he had committed
suicide. They claimed that Tariq used a rope to commit
suicide. But his family said that the police had tortured
Tariq to death and later made up this story to cover up
the case.
Further, the Sub-District Magistrate [SDM] of Sopore
later ruled out the possibility of suicide, as Tariq was
about 6 feet tall while the window of the lock up was
about 5 feet in height.
The family said that the police had actually wanted to
implicate Tariq in the case of shooting a civilian, Abdul
Majeed Lone, a mason, but the latter had seen two
members of the special operations group re at him,
who later entered the police post.
The family was not able to approach their local MLA
because at that time [in 2010], there were indenite
curfews in the region.
The family said that SP Altaf had initially planned to
release all the boys of the village, as he was busy with
agitators and stone pelters in Sopore. But according
to some locals, two persons had some animosity with
Tariq's family and had suggested to SP Altaf that he
keep Tariq in custody for a few more days. The SP
said that he would release all the boys once the
agitation got over. But the family believes that due to
the above-mentioned suggestions, Tariq was
retained. The family later added that the person who
gave the suggestion to SP Altaf is not reliable and that
the family was the only poor family in the area and that
made it easy for the police to stretch Tariq's detention.
The SDM was entrusted with the task of conducting
an enquiry in this case. The family was informed by
the SDM that he had submitted the report to the
Deputy Commissioner of Baramulla. When the family
got in touch with the Deputy Commissioner, he said
that the case had been forwarded to the Home
Ministry.
Ex-gratia relief was provided to the family on the same
day the body was handed over to the family.
The father of the victim, Ghulam Mohiddeen Dar, gave
the above statement to the IPTK on 27 May 2014.
On record is the FIR no. 36/2010 under section 307
[attempt to murder] Ranbir Penal Code [RPC] and
sections 7, 27 Arms Act dated 17 July 2010 at
Panzalla Police Station. Information on this FIR was
sought through RTI dated 14 November 2014. By
communication dated 5 January 2015 from the
Jammu and Kashmir Police information was provided
that the case had been closed as untraced. A copy of
FIR and nal report were provided. Therefore, the
police has closed the case.
On le is also a decision of the State Human Rights
Commission [SHRC] dated 25 June 2014. The matter
had been taken cognizance of suo-moto and this was
clubbed with the complaint led by the father of the
victim. Director General of Police [DGP] submitted a
report before the SHRC. The police stated that FIR no.
36/2010 was led at Police Station Panzalla on a ring
against a person named Abdul Majid Lone. The victim
was arrested under this FIR on 19 July 2010. The
victim confessed his involvement in the crime. In the
early hours of 25 July, the sentry saw that the victim
had hung himself from the window. The matter is
under investigation. The Deputy Commissioner
submitted a copy of the SDM report. The SDM found
that the “apparent cause of death seems due to
hanging coupled with marks of torture on the back of
the body”. The SDM concluded that either the victim
was “compelled” to commit suicide as evidenced by
the torture marks, or he was so “involved in the
underground works that he could not nd any safer
place live once released”. But, in either case, the SDM
concludes it was suicide. The SHRC investigation
wing visited the scene of crime. The investigations
found that the height of the lock up – from the oor to
the ventilator – was 5 feet and 3.5 inches. The victim
was supposedly 6 feet tall. The investigations could
not conclude denitively that torture was not possible.
Based on the above, the SHRC found that the victim
had been tortured and that he may have been
compelled to commit suicide and held the police
personnel – in whose custody the victim was –
responsible.
The statement of the family of the victim clearly indicts
the alleged perpetrators. The SHRC decision does