STRUCTURES OF VIOLENCE

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.