STRUCTURES OF VIOLENCE

503 | Structures of Violence
Islami literature. Manzoor Ahmad Naikoo was
detained at the camp for a night. During the night, he
was interrogated and asked to reveal all the
information he had about his relatives. The victim had
no idea why he was being asked for this information
as none of his relatives were either militants or in
politics.
Next morning, the village Lambardar [Numberdar, de
facto revenue authority in the village] came to the
camp and met Major Sinha. Major Sinha called
Manzoor Ahmad Naikoo into his room and questioned
him on why he had informed other people about the
dead body he had found, instead of informing the
army immediately. The Lambardar pleaded the
victim's innocence and he was set free.
Manzoor Ahmad Naikoo gave a statement to the IPTK
on 1 March 2012.
The Jammu and Kashmir Police do not appear to
have conducted any substantial investigations on FIR
no.120/1991 to result in any prosecution of personnel
nd
of the 2 Dogra Regiment despite the passage of 21
years and the conrmation of torture by the Additional
District Judge, Srinagar. On the contrary it appears
that the case has been closed.
Based on the available documents, particularly the 6
September 2011Government of Jammu and Kashmir
response to information sought through the Jammu
and Kashmir Right to Information Act, 2009 [RTI] on
sanctions for prosecution under Armed Forces
(Jammu and Kashmir) Special Powers Act, 1990
[AFSPA], no sanction for prosecution appears to have
been sought in this case.
The torture that was inicted on Manzoor Ahmad
Naikoo in 1996, for the third time, is an example of
how the persistent impunity allows for the repetitive
victimization.
The responsibility of the continued threats,
harassment and sustained torture also lies on the
inaction of the mechanisms of justice and lack of
investigations by the Jammu and Kashmir Police.
Case No. 2
Victim Details
Identity not ascertained [Crime not ascertained]
Alleged Perpetrators
1. Constable Mohammad Yousuf, resident of
Sachan [Schichan] Anantnag [Unit not
ascertained]
2. Other accused persons
Case Information
First Information Report [FIR] no.102/1991 u/s 3/25
TADA and 3/5 Explosives Act was led at the Ram
Munshi Bagh Police Station on 15 August 1991 for an
incident that took place on the intervening night of 14
2
and 15 August 1991 .
The FIR copy provided is unclear but appears to refer
to an incident where a grenade was thrown in a house.
The 21 December 2011 communication from the
Jammu and Kashmir Police states that case has been
closed as chargesheeted against Constable
Mohammad Yousuf and other accused persons. By
communication dated 22 April 2014 from the Jammu
and Kashmir Police a copy of communication dated
22 July 2000 from Superintendent of Police, City East
Zone, Srinagar, to Senior Superintendent of Police,
Srinagar, was provided. This communication forwards
the case le of 108 pages for the purpose of acquiring
sanction for prosecution.
The case le has been submitted for accord of
obtaining sanction for prosecution on 7 April 2003 and
was awaited.
The Ministry of Defence, in its afdavit before the High
Court of Jammu and Kashmir in 2009 on sanctions for
prosecution under the Armed Forces (Jammu and
Kashmir) Special Powers Act, 1990 [AFSPA], stated
in relation to this case that it was not received. There
exists little information in relation this case. It is
noteworthy that it took the Jammu and Kashmir Police
and Government of Jammu and Kashmir 13 years to
investigate and process the case for acquiring
sanction for prosecution which apparently helped the
perpetrators in evading justice.
Case No. 3
Victim Details
Abdul Rashid Dar [Abduction and Torture]
Age: 45
Occupation: Worker of People's League
Son of: Ghulam Mohammad Dar
Resident of: Kulpora, Pulwama district
Alleged Perpetrators
1. Gurnam Singh, Company Commander, BSF,
Bonura Camp, Pulwama district
2. Alawat, Sub-inspector, BSF, Headquarters,
Bonura Camp, Pulwama district
3. Lt. Col. Patel, Camp-in-charge, 9 Dogra
2 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By
communication dated 21 December 2011 from the Jammu and Kashmir Police an unclear copy of the FIR was provided. Further
information sought through RTI on 15 October 2013. By communication dated 30 November 2013 information was provided that the
sanction for prosecution was yet to be received. Further information sought through RTI dated 14 November 2014.