STRUCTURES OF VIOLENCE

471| Structures of Violence
treatment if we feel it is required”. Not wasting much
time, Abdul Qayoom Bhat came outside the police
station and called his brother, who was an Imam [and
had friendly relations with the police], hoping that he
could help. But the police personnel did not even
accept his request.
The next day, again Abdul Qayoom Bhat went to the
police station at around 9 am, requesting the ofcers
to allow him to take his son to the hospital but his
request was denied again. On the same day at 12 pm,
Omar, along with the police personnel and a few
civilians, went to the Tehsildar requesting for grant of
bail. The SHO had sent an individual and asked him to
collect Rs. 500 for bail. Omar was granted bail by 1
pm. As Omar was unable to move, his father Abdul
Qayoom Bhat carried his son on his arms.
Omar's father had been told by the police personnel to
visit the police station in order to collect the
belongings of Omar but when they reached the police
station, Omar was again placed behind bars. It was 4
pm when Omar's father Abdul Qayoom Bhat
requested the SHO to release him, as he had received
bail. But the SHO in return replied that, “You are not
the prime minister, who is ordering me”, and
demanded Rs. 30000. Omar's family was not wealthy
enough to pay such a large sum of money. Omar's
father Abdul Qayoom Bhat told the SHO that he was
from a poor family and could not afford to pay.
Omar's helpless father again called his brother. His
bother asked the SHO that Omar had already
received bail then why they had again placed him
behind bars. It was 7 pm when the police personnel
r e l e a s e d O m a r [ i n o r d e r t o a v o i d f u t u r e
consequences, as the ofcials were aware of the fact
that the boy would die]. He was soon rushed to SKIMS
hospital, meanwhile the police personnel had already
called the hospital and informed them about Omar
and told them to refer him to home. Omar was brought
back home, but he could not move or eat. He told his
parents that he wanted to sleep. The following day, his
condition worsened and he started vomiting blood. He
was soon taken to the hospital where he died.
According to the eyewitnesses, Irshad Ahmad Bhat,
son of Qadir Bhat [resident of Dar Mohalla, Soura] and
Amir Bashir Sheikh, son of Bashir Sheikh [resident of
Umarhair, Bauchpora], people who were watching
Omar being beaten by the police were shouting that,
“he will die, he will die”.
The father of the victim, Abdul Qayoom Bhat, gave the
below statement to the IPTK on 17 March 2015.
From torturing Omar Qayoom Bhat to avoiding the
ling of a FIR, the conduct of the Jammu and Kashmir
Police is an indicator of the lawlessness which drives
the actions of the police, and which is in a big way
responsible for strengthening the culture of impunity.
On le is a letter dated 13 December 2010, from
Mehraj-ud-Din Kakroo, Deputy Commissioner,
Srinagar to the Jammu and Kashmir Home
Department, it is noted that the next of kin of Omar
Qayoom Bhat had sought ex-gratia government relief
of Rs. 5,00,000 that was sanctioned by the
Government of Jammu and Kashmir for persons killed
in civil disturbance in Jammu and Kashmir since 11
June 2010. The next of kin of Umar Qayoom Bhat
were said to have agreed to withdraw the case if
provided the relief. The letter recommends that the
relief be provided. The conduct of Mehraj-ud-Din
Kakroo, Deputy Commissioner, Srinagar is against
the principles of justice as he seems to be interested
in persuading the family to withdraw the case against
the sanction of Rs.5,00,000. The Deputy
Commissioner, Srinagar, who is also the District
Magistrate is bound by law to protect the rights of the
people and also uphold the law. But, this letter
apparently is in contravention to his designated
responsibility where he is seen prioritizing the hushing
up of the case rather than helping the processes of
justice to prosecute the guilty ofcers for the heinous
crime. Further, by terming the death of Umar Qayoom
Bhat as a killing during a civil disturbance, this letter
contradicts the stated position of the Jammu and
Kashmir Police in this case where they have deposed
that Omar Qayoom Bhat was rightfully arrested and
released by due process of law in good health.
The inquest proceedings continue before the Chief
Judicial Magistrate despite evidence that should lead
to the ling of a FIR for murder and investigations. In
fact the State human Rights Commission [SHRC] also
did an enquiry and while it did not go as far as to name
the alleged perpetrators the inquiry did nd that the
victim had been beatn by the police and not provided
any medical check up and that this led to his death.
Crucially, the SHRC concluded by stating that a fresh
case should be registered and investigated.
Case No. 190
Victim Details
Maroof Ahmad Nath alias Raju [Extra-judicial killing]
Resident of: Islamabad
Noor-ul-Amin Dagga [Extra-judicial killing]
Resident of: Islamabad
Bilal Ahmad Najar [Extra-judicial killing]
Resident of: Islamabad
Alleged Perpetrators
1. Noor Mohammad, Deputy Superintendent of
Police [DSP], Jammu and Kashmir Police
Case Information
In September 2010, three boys were killed in
Islamabad. First killing is that of of Maroof Nath alias
Raju. Police followed him during stone pelting. He