STRUCTURES OF VIOLENCE

39
| Structures of Violence
had been detained in Palhallan army camp. He also
refers to the formation of a “Peace Committee” that
functioned from 1994 to around 1998under the
Chairmanship of Abdul Khaliq Bhat, which was
approved by the army and apparently formed in
consultation with them. This committee was to intervene
and assist in release of civilians picked up by the army.
The creation of this body indicates the extent to which
normal systems of power – the police being the most
obvious in addition to the administrative systems – had
been superseded. The army was the primary authority
and civilians, under guidance from army ofcers, had to
nd ways and means to assist themselves.
Witness B [Testimony No.4] states that in the time that he
was functional as an MM operative, and immediately
prior, the government militia commanders, working for
the Indian army, were: Mohammad Ramzan Mian, alias
Hayat Khan, resident of Pattan, Azam Khan, resident of
Hokar, Badasgam, Achabal, Islamabad District,
Shaheen, resident of Nihalpora, Pattan, and nally,
Ghulam Ahmad Waza, alias Amma Waza, resident of
Palhallan. Each of the commanders succeeded the
predecessor once they were killed. Witness B joined the
MM and began working for the army during the tenure of
Azam Khan.
The most precise and clear testimony of the arming of
the government gunmen is that of Witness B. He states
that weapons and ammunition were provided to them
directly by the army. The weapons were provided by the
Palhallan camp. A Company Havaldar Major [CHM] was
in charge of maintaining a register. All weapons
provided, and there was no quota or limitation, were to
be accounted for in the register. All weapons and
ammunition returned were also accounted for similarly.
The witness himself never approached or went to the
Hyderbaig camp. However, he states that commanders
and senior gunmen did go to the Hyderbaig camp. Only
they could deal with the senior ofcers at the Hyderbaig
camp, such as Lt. Colonel Choudhary. Further, as stated
above, Noor-ud-din conrms that Hayat Khan would
receive weapons and ammunition directly from the
Hyderbaig camp. Witness C states that the army used to
supply the MM weapons even in Chaksari. He states that
even Mohammad Yousuf Dar, brother of Ahsan Dar, was
being armed by the army openly. The testimony of
Witness D varies from Witness C to the extent that he
states, only ammunition was received from the army and
the weapons with the MM were those that they received
earlier when they were militants. He states that
ammunition was received from the Chaksari camp [as
he was part of the Chaksari MM]. He states that
Commander Athar would get the ammunition and then
distribute it. He himself never met the Major and
received the ammunition. Ghulam Hassan Bhat, alias
Hass Kaloo, resident of Buran, Pattan, Testimony no.12,
and working for Hayat Khan also conrms that
ammunition was received from the army. Once again, he
states he never received it directly from the army camp.
He also suggests an understanding between the various
MM groups as he states that when Hayat Khan's group
did not have ammunition they could sometimes also get
it from Athar's group of MM at Chaksari.
Both Witness B and Noor-ud-Din state that the regular
Jammu and Kashmir police could not, and did not,
interfere with the government gunmen and their
operations. This extended all the way to the
Superintendent of Police [SP] level. Witness B goes as
far as to state that they would not even listen to the
police. But, the SOG, as evidenced by the role of DSP
Kuldeep and ASI Surjeet, did run the government
gunmen as well and were responsible for widespread
human rights violations.
The role—rather the lack of a role—of the police has also
been mentioned by Dr. Abdul Ahad Yatoo, resident of
Hyderbaig, Pattan. Abdul Ahad Yatoo refers to himself
as a social worker, and has fought elections, as detailed
in his testimony [Testimony no.9]. As a person involved
in the electoral process this witness would necessarily
have an intimate understanding of the power, inuence
and control of the army in Palhallan. Abdul Ahad Yatoo
stated that he had assisted in saving thousands of
civilians detained by the army. While this claim and the
surrounding circumstances are contested, there is little
disagreement about the access Abdul Ahad Yatoo had to
the army. Therefore, his testimony is compelling. He
states that the Jammu and Kashmir police had no power
to supersede the decisions of the army. They could
“request” the army – for example to release a person
detained – but the power lay with the army.
“Captain” Abdul Aziz Bhat [Testimony No.5], states that
the army, because of the circumstances, was in control
till the late 1990s and it was only subsequent to that that
the police was given a role. The Superintendents of
Police did not have a role and they were limited to their
ofces. This is also the reason why when his sons were
abducted in December 1996 by the soldiers of Palhallan
army camp, he chose not to approach a senior police
ofcial, Satnam Singh, who was his friend. Instead, he
approached the army directly.
Witness D [Testimony no.11], also states very clearly
that the police had no role and could not control the MM.
Further, he states that even the SOG did not follow
orders from the regular police at the Pattan police
station. This lack of power of the policemen stationed at
Pattan is also conrmed by Witness B. Ghulam Hassan
Bhat, alias Hass Kaloo, who states that, based on his
numerous visits to the Palhallan army camp he believes
that the army was supreme and the police subordinate to
them.
The above testimony of Abdul Ahad Yatoo of the power
of the army is further buttressed by a claim that he makes
that requires corroboration. But even uncorroborated it
still is telling about the control exercised by army ofcers.
He states that in 1994 or 1995 he approached the
Commanding Ofcer – who commanded the Gharwal
Ries – and requested him not to allow the “ikhwan” [a
reference to government gunmen] to function in the
Pattan area as the town was peaceful. He states that the
Commanding Ofcer accepted his request and the
Ikhwan was in fact denied access to Pattan town.
Another illustration that displays the control the army
held over the government gunmen is available in the
testimony of Assadullah Ganie [Testimony no.21] where
he states that the government gunmen who kidnapped
his daughter ultimately surrendered before Major S.K.
Sharma, at Hyderbaig camp at Zorawar cinema, despite
the presence of police and other authorities to whom
they might have earlier surrendered.
Joint Operations
The clearest evidence of the structure of violence in
Pattan emanates from the witness testimony of raids,