STRUCTURES OF VIOLENCE

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491 | Structures of Violence Alleged Perpetrators 1. Major Nayar, 20 Grenadiers, Army, Beerwah, Budgam Case Information On 12 September 1997 the victims were beaten in their house by personnel of the 20 Grenadiers, camped at Beerwah, Budgam. Reportedly, victim no.1 5 was raped as well . The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], stated in relation to this case that the FIR number was “312/97 Budgam” and that the victims were beaten up during a search in their house in 6 September 1997 . The document does not have any reference to rape. The Ministry of Defence refers to Major Nayar as an accused in this case and the status for granting the sanction for prosecution under AFSPA as under consideration. After acquiring the copy of the FIR number 312/1997 of the Budgam Police Station it appears that the FIR does not pertain to this case and has been wrongly mentioned by the Ministry of Defence in their 2009 afdavit. Case No. 8 Victim Details 1. [Name and identifying information withheld] [Abduction, Wrongful Connement, Torture and Rape] Spouse: [Name withheld] Resident of: Doda district 2. [Name and identifying information withheld] [Abduction, Wrongful Connement, Torture and Rape] Age: 20 Daughter of: Victim no.1 Resident of: Doda district 3. [Name and identifying information withheld] [Abduction, Wrongful Connement, Torture and Rape] Age: 25 Daughter-in-law of: Victim no.1 Resident of: Doda district 4. [Name and identifying information withheld] [Abduction, Wrongful Connement, Torture and Rape] Age: 23 Daughter-in-law of: Victim no.1 Resident of: Doda district Alleged Perpetrators 1. Chiranjeet Sharma [presumably Major], In- Charge, Army, Camp Mangeta 2. Captain, In-Charge, Camp Goha [as of 15 March 1999] 3. Rana, Intelligence Ofcer 4. Commandant [Commanding Ofcer], 322 Air Defence Artillery [ADA], Army 5. Milkha Singh, Junior Commissioned Ofcer [JCO], 322 Air Defence Artillery [ADA], Army Case Information An unsigned afdavit with the IPTK by victim no.1 states that the victims were informed on 15 March 1999 by Madhu Lal that Chiranjeet Sharma had asked to them to meet him at Madhu Lal's house. They preferred not to as the men of the family were not present. They were promised that Madhu Lal's family would be present. They went unwillingly, and under the threat of being mistreated if they refused. On reaching Madhu Lal's house, they found no family members, but a contingent of army ofcers with soldiers, including Chiranjeet Sharma, an Army Captain who was In-Charge of Camp Goha, an Intelligence Ofcer Rana and JCO Milkha Singh. As soon they reached the house, they were taken inside and raped at gun point by the Army Captain who was In-Charge of Camp Goha, the Intelligence Ofcer Rana and JCO Milkha Singh. The Commanding Ofcer, 322 ADA then came, tortured the victims and then raped victim no.2. In the evening they were taken to the Goha Camp and held conned till 19 March 1999. They were raped and tortured. On 19 March 1999, victims 3 and 4 were released but victims 1 and 2 were taken by Rana and the Commanding Ofcer, 322 ADA to Doda where a fake certicate that no rape had taken place was issued by Dr. Pushpa. They were then handed over to the Doda Police Station. No information exists on the status of this case and whether any investigations were conducted. Case No. 9 Victim Details [Name and identifying information withheld] [Rape] Resident of: Baramulla District Alleged Perpetrators 5 JKCCS, State of Human Rights in Jammu and Kashmir, 1990-2005, 2005, p.289. 6 Information on the FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. On 27 December 2011 a response was received and a copy of the FIR was provided.
492 | Structures of Violence 1. Major Aman Yadav, 28 Rashtriya Ries [RR], Army, Camp Shalkote village, Raabad Case Information From 24 November 1999 to 15 December 1999 the husband of the victim was outside the State to procure goods towards his work, leaving behind the victim, two children and a domestic help. On his return, he found that Major Yadav and personnel of the 28 RR Camped at Shalkote village, Raabad had forcibly entered into his residence during the day time on 5 December 1999. They had searched the house and stolen gold amounting to Rs. 35,000, electric goods worth Rs. 25, 000, a power drilling machine worth Rs. 13,500, materials along with tool box worth Rs. 8,000 and other domestic items to the extent of Rs. 5,000 and cash of Rs. 15,000. The victim and others in the house had raised an alarm. The victim was then physically assaulted, stripped naked and raped. The RR personnel and Major Yadav sternly warned the victim and house-help of dire consequences in case the theft was reported. Major Yadav and the 28 RR personnel were accompanied by a masked Government Gunman [Ikhwan]. Following this incident and due to fear, the victim, her husband and the rest of the family were forced to abandon the house and seek shelter elsewhere. First Information Report [FIR] no.1/2000 u/s 380, 354 [Assault/Criminal force to a woman with intent to outrage modesty], 376 [Rape] Ranbir Penal Code, 1989 [RPC] was led at the Panzala Police Station 7 on 4 January 2000 . The communication dated 22 May 2012 further stated that the case was closed by declaring the perpetrators as untraced. A noting on the FIR reveals that the case was closed as untraced on 19 August 2011. The Ministry of Defence, in its afdavit before the High Court of Jammu and Kashmir in 2009 on sanctions for prosecution under Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 [AFSPA], stated in relation to this case that it was received in January 2009 and under consideration. But, the Ministry of Defence, in response to an RTI on sanctions for prosecution under AFSPA, stated on 10 January 2012 in relation to this case that sanction had been declined on 23 September 2010. Further, that: “the allegation is baseless and framed with malade intention to put the army on defensive.” The Ministry of Defence does not clarify which parts of the allegations are baseless. It is unclear whether the factum of the rape of the victim is also challenged by the Ministry of Defence. The assertion by the Ministry of Defence that the allegations were framed with mala de intention is a sweeping comment on the investigations with no proof and suggests that the army is at loggerheads with the Jammu and Kashmir Police which results in delay or denial of justice. The Ministry of Defence ofcial documents on sanctions also show the lack of seriousness as the 10 January 2012 document places the incident on 5 March 2000 and refers to this as a case of torture leading to death. Further, it is noteworthy that it took the Jammu and Kashmir Police and Government of Jammu and Kashmir nine years to investigate and process the case for acquiring sanction for prosecution under AFSPA, which apparently helped the perpetrators in evading justice. Surprisingly, the decline of sanction led to the police disregarding its own investigations and hence closing the case by declaring the perpetrators as untraced. Case No. 10 Victim Details 1. [Name and identifying information withheld] [Rape] Spouse: [Name withheld] Residents of: Doda District 2. [Name and identifying information withheld] [Rape] Daughter of: [Name withheld] Resident of: Doda District Alleged Perpetrators 1. C a p t a i n R a v i n d e r S i n g h Te w a t i a , Commander, C-Company, 12 Rashtriya Ries [RR], Army, Upper Gund, Banihal 2. Bharat Bhushan, Special Police Ofcer [SPO], Jammu and Kashmir Police 3. Shailender Singh [Operational name: Razaq], SPO, Jammu and Kashmir Police 4. S a n j a y K u m a r [ O p e r a t i o n a l n a m e : Mohammad Saleem], SPO, Jammu and Kashmir Police Case Information On 14 February 2000, the alleged perpetrators came to the residence of the victims at about 8:00 pm. The 7 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By communication dated 22 May 2012, a copy of the FIR was provided.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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