STRUCTURES OF VIOLENCE

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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
470 | Structures of Violence not properly analyze the evidence but does conrm torture. The allegations clearly warrant further investigations and prima facie the role of SP Altaf Ahmad Khan is made out. But, the other personnel who tortured the victim would need to be identied. Case No. 188 Victim Details Mehraj-ud-Din Lone [Extra-Judicial Killing] Age: 22 Occupation: Vegetable seller Son of: Muhammad Maqbool Lone Resident of: Barthana, Qamarwari, Parimpora, Srinagar Alleged Perpetrators 1. Sabzar Ahmad, Qamarwari Police Post, Jammu and Kashmir Police Case Information The family of Mehraj-ud-Din Lone states that on 3 August 2010 the victim went outside the house at about 9:00 am. It was a day of a public strike. Mehrajud-Din Lone was walking just outside the house. In the meanwhile, Central Reserve Police Force [CRPF] and police personnel started chasing locals away from both sides of the road where the Mehraj-ud- Din Lone was walking. From the main road, Sabzar Ahmad of the Jammu and Kashmir Police came along with his personnel. Mehraj-ud-Din Lone was standing outside and he was shot in the chest. After shooting the victim Sabzar Ahmad ran away from the locality and the CRPF cordoned off the area. When the locals tried to carry Mehraj-ud-Din Lone to the hospital, they were not allowed to do so. Mehraj-ud- Din Lone died on the spot. The family of Mehraj-ud-Din Lone states that they did not le a case as there was no one in the family in a position to do so. Rs.5,00,000 was given to the family – 80,000 to the father and mother of the victim and the rest to the victim's wife and son. The family of the victim gave a statement to the IPTK on 2 March 2012. IPTK sought information through the Jammu and Kashmir Right to Information Act, 2009 [RTI] about all the cases led against the Jammu and Kashmir Police and personnel of the armed forces between the period of 2009 and 2011. Based on the responses received so far there appears no mention of this case. Case No. 189 Victim Details Omar Qayoom Bhat [Abduction, Torture and Extra- Judicial Killing] Age: 17 Son of: Fareeda Bhat, Abdul Qayoom Bhat Resident of: Soura, Srinagar Alleged Perpetrators 1. Abdul Majeed Malik, Inspector, Station House Ofcer [SHO], Soura Police Station, Jammu and Kashmir Police 2. Zahoor Ahmad, Sub-Inspector [SI], Soura Police Station, Jammu and Kashmir Police Case Information On 20 August 2010, Omar Qayoom Bhat, after offering his Namaz-e-Jummah, returned home. After staying at home for a while, Omar Qayoom went outside to watch the protests [stone pelting]. He was standing beside the milk shop near his house when the Jammu and Kashmir police deployed at Sabzi Mandi apprehended him. Two other boys, Irshad Ahmad Bhat and Amir Bashir Sheikh, were also arrested. The other two boys were placed inside the jeep but the victim was beaten using a pipe on the Sabzi Mandi Street itself. The CRPF and Jammu and Kashmir personnel not only stood on him but also kicked and hit him on his chest. The boys were accused of compelling the shopkeeper to shut down his shop. The father of the victim, Abdul Qayoom Bhat, was also present during this violence committed by the CPRF and Jammu and Kashmir police. But he was not aware of the fact that the person who was ruthlessly beaten on the streets was his son. Later on, the boys were taken to the police station Soura. Civilians tried following the jeep, as they thought that the boys might be killed. But the Jammu and Kashmir police red in open air to disperse the crowd. Meanwhile, the other two boys tried to escape but were caught and again put inside the jeep by the Jammu and Kashmir police and were taken to the police station. When Abdul Qayoom Bhat returned home, his wife told him that Omar is not back yet. His parents tried to contact him via phone but it was switched off. The same day around 5:30 pm, Abdul Qayoom Bhat went to police station Soura where he met Sub Inspector Zahoor. He stated that the Jammu and Kashmir police might have taken his son by mistake. When Zahoor asked his son's name, Abdul Qayoom Bhat replied “Omar”. As a result, he was taken to his son. Omar was lying down.He was unable to move or talk. Omar whispered to his father to take him to the hospital. When Abdul Qayoom Bhat requested Zahoor to allow him to take him to the hospital, Zahoor refused and replied that he had been picked up by the DSP. Therefore, he could not release him. In a while, when the SHO entered the Police station, Abdul Qayoom Bhat requested him as well. In return, the SHO said, ''we will take him to the hospital for the
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STRUCTURES OF VIOLENCE THE INDIAN S
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THE MAP OF SOPORE MASSACRE 6 JANUAR
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CHAPTER 4: ALLEGED PERPETRATORS - A
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