STRUCTURES OF VIOLENCE

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479| Structures of Violence stated that he knew the victim and that he was working in a cement factory in Srinagar and had no involvement whatsoever with any militant organization and that the army killed him. He denied being involved in the killing though he admitted that he had requested the victim to accompany him for a Deeni-Ijtima at Binlipora. Rameez Ahmad Dar had conveyed this information, regarding the Deeni-Ijtima, to him. He further stated that Rameez Ahmad Dar contacted the victim on phone late on 24 July 2012, when he and the victim were together, and asked the victim to wait for him for some time. At about 22:00 pm, he and the victim realized that the army had laid a cordon around them and that “Rameez Dar had callously lead them in a trap with intention to kill both of them and label them as terrorists”. But, the enquiry report notes, that Nazir Ahmad Bhat was unable to give any convincing reply to the question of how he was able to escape unhurt while the victim was killed. - Rameez Ahmad Dar stated that the victim was not involved in any manner with militancy related activities. He denied any role in the killing of the victim, or of being a source for the army but he admitted that he “was having some liaison with local army unit, being the ex-militant”. But, the enquiry report notes that, the Adjutant, 27 RR in his reply to a questionnaire to the SHO, Bandipora, admitted that Rameez Ahmad Dar was working the army as a source “which is further corroborated from the phone call details obtained from the concerned service providers” [emphasis added]. Additional District Magistrate, Bandipora concluded the report by stating that there was no controversy as to who killed the victim. Both in the FIR, and before the magisterial enquiry, the 27 RR conrmed that their personnel killed the victim. The witness testimony conrmed that the victim was not involved in any militancy related activities. The police records also conrmed this. The enquiry report also noted that there is no evidence of the victim being seen in the evening of 24 July 2012 with a weapon. The FSL report also does not implicate the victim. The enquiry, on this point, concludes that “It does not seem plausible to believe that a person who has never been spotted to have held a weapon in his hand would have the capability to acquire a weapon on the day of incident and red from it that too when the pistol grip of the weapon was in a broken condition as per the FSL report”. The enquiry report concludes by implicating alleged perpetrators 2 and 3 in the murder of the victim through the army. As stated by the enquiry, it is admitted the personnel of the 27 RR [Maratha Light Infantry] killed the victim. Further, the witnesses conrm that the victim was not a militant, or involved in militant related activities. Further, it appears from the enquiry report, that the army has not placed any evidence on record regarding the source of their information that there were militants in the area. Further, the FSL report, and the fact that the rie had a broken pistol grip, completely debunks the army theory on their being ring for which they had to retaliate. The role of alleged perpetrators 2 and 3 also seems made out. Alleged perpetrator 2 implicates alleged perpetrator 3, and alleged perpetrator 2 is unable to explain his escape, thereby implicating himself in the conspiracy. The other witnesses too seem to implicate alleged perpetrators 2 and 3. But, it is unfortunate that the Additional District Magistrate chose to focus on alleged perpetrators 2 and 3 and there was no unequivocal indictment of the 27 RR personnel – who must be held primarily responsible for the extra-judicial execution of the victim. The role of alleged perpetrators 2 and 3 appear secondary in the instant circumstances. While no information exists on the prosecution of alleged perpetrators 2 and 3, there appears to be absolute impunity for the 27 RR as no information exists on whether sanction for prosecution under AFSPA was sought/granted or whether any courtmartial proceedings were carried out by the army. It also needs to be ascertained before which court the instant case was litigated. Case No. 198 Victim Details Irshad Ahmad Ganie [Extra-judicial killing] Son of: Ghulam Nabi Ganie Resident of: Markundal, Bandipora District Alleged Perpetrators 1. Personnel of 13 Rashtriya Ries [RR], Manasbal camp 2. Manzoor Ahmad Sheikh, son of Abdul Rashid Sheikh, Army source Case Information On the 30 June 2013 in the early morning hours a patrolling part of 13 RR accompanied by their source Manzoor Ahmad Sheikh was in Markundal village, Bandipora. They shot and killed the victim. First Information Report [FIR] no. 115/2013 under section 302 [murder] Rabir Penal Code [RPC] was led at the Sumbal Police Station. Investigations led to a chargesheet on 5 October 2013 against alleged perpetrator no.2 but investigations against the personnel of 13 RR are pending due to noncoperation of the army. By communication dated 21 May 2015, the Senior
480 | Structures of Violence Superintendent of Police [SSP], Bandipora informed the Public Prosecutor Sessions Court Bandipora that the role of the army was being investigated separately. Further, that several correspondences had been made with 13 RR to furnish the nominal roll of the army personnel detailed for patrolling on the day of the incident. But, to date, there had been no response. Against the non-coperation of the army, the family of the victim led a writ petition – OWP 1312/2015 before the Jammu and Kashmir High Court seeking that the court mandate the army to cooperate with the investigations. Notices have been issued by the court. The petition remains pending. The above case is a clear example of the manner in which the army seeks to protect itself from any accountability in Jammu and Kashmir. There is no legal basis for the army to not cooperate with the investigations. Further, while a civilian source is being prosecuted, the persons primarily responsible – the army – for the crime are presently not even allowing themselves to be subject o investigations.
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THE MAP OF SOPORE MASSACRE 6 JANUAR
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114 CHAPTER 3: COURTS OF VIOLENCE I
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CHAPTER 4: ALLEGED PERPETRATORS - A
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