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STRUCTURES OF VIOLENCE

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510 | Structures of Violence<br />

First Information Report [FIR] no.81/1994 u/s 384,<br />

353 [Assault / Criminal force to deter public servant<br />

from discharging duty] Ranbir Penal Code, 1989<br />

6<br />

[RPC] was led at the Sumbal Police Station. The 9<br />

May 2012 communication from the Jammu and<br />

Kashmir Police stated that this case was sent to<br />

District Police Ofce, Baramulla for accord of<br />

sanction vide the then Sub-District Police Ofce<br />

Bandipora's letter no.C-5/95-4784-85 dated 18<br />

December 1995.<br />

The Ministry of Defence, in its afdavit before the High<br />

Court of Jammu and Kashmir in 2009 on sanctions for<br />

prosecution under Armed Forces (Jammu and<br />

Kashmir) Special Powers Act, 1990 [AFSPA], stated in<br />

relation to this case that it was not received.<br />

The Government of Jammu and Kashmir, in response<br />

to information sought through the Jammu and Kashmir<br />

Right to Information Act, 2009 [RTI] on sanctions for<br />

prosecutions under AFSPA, stated on 6 September<br />

2011 in relation to this case that sanction was sought<br />

on 23 September 1999 was awaited.<br />

It is noteworthy that it took the Jammu and Kashmir<br />

Police and Government of Jammu and Kashmir took<br />

ve years to investigate and process the case for<br />

acquiring sanction for prosecution under AFSPA which<br />

apparently helped the perpetrators in evading justice.<br />

Further, the available documents do not suggest that<br />

even a court-martial was conducted in this case by the<br />

army. It needs to be ascertained whether the Jammu<br />

and Kashmir Government has at all sent the case for<br />

sanction for prosecution to the Ministry of Defence and<br />

whether the Ministry of Defence has misplaced the<br />

case le. At least after the 2009 afdavit by the Ministry<br />

of Defence, the Jammu and Kashmir Government<br />

should have considered re-sending the case or<br />

clarifying when and how the case was sent.<br />

In any case, after providing this information before the<br />

High Court of Jammu and Kashmir in 2009 and also in<br />

1994 after the case was led against the personnel of<br />

the army the Ministry of Defence seems to have cared<br />

very little about the Jammu and Kashmir Police<br />

investigations or in instituting a process for delivering<br />

justice.<br />

Case No. 11<br />

Victim Details<br />

Name: Mehrajuddin Bhat [Torture]<br />

Son of: Abdul Rashid Bhat<br />

Resident of: Marazi Mohalla, Tantray Pora, Palhalan,<br />

district Baramulla<br />

Alleged Perpetrators<br />

1. Captain Vishal Dhobi, Wusan army Camp<br />

2. Kuldeep, Deputy Superintendent of Police<br />

[DSP], Special Operations Group [SOG],<br />

Jammu and Kashmir Police, operating from<br />

Palhallan army camp<br />

3. Surjeet, Assistant Sub-Inspector of Police<br />

[ASI], Special Operations Group [SOG],<br />

Jammu and Kashmir Police, operating from<br />

Palhallan army camp<br />

4. Rajendra, Special Operations Group [SOG],<br />

Jammu and Kashmir Police, operating from<br />

Palhallan army camp<br />

Case Information<br />

In 1992, Ghulam Hassan joined Hizbul Mujahedeen<br />

and went to Pakistan for arms training. Since then the<br />

family was harassed by various agencies of the armed<br />

forces. Between 1992 to 1994 army personnel of<br />

Hyderbaig Camp continuously raided his house. His<br />

brother Mehrajuddin, the victim, and father Abdul<br />

Rashid were taken many times during raids by the<br />

army of Palhallan Camp. Each time they were<br />

detained for days together. At the camp, they were<br />

beaten and were forced to do manual labour.<br />

In 1994, after the establishment of an army camp in<br />

Palhallan, they were detained at this camp quite often.<br />

Both father and son were picked up by Special<br />

Operations Group [SOG] personnel Surjeet and<br />

Kuldeep. Mehrajuddin was detained for 7-8 days. At<br />

the SOG camp, a Munshi known by the name<br />

Rajendra tortured him. He tied his hands using a rope,<br />

hung him from a height and applied a roller over his<br />

legs. He was also given electric shocks by connecting<br />

electric wires to his mouth and feet. Around 5-6 SOG<br />

personnel trampled him under their feet.<br />

In 2005, Mehrajuddin was called to the army camp at<br />

Wusan. They would call anybody to the camp by<br />

sending a handwritten note through a civilian. Once,<br />

Mehrajuddin decided not to go to the camp and the<br />

army sent 12 handwritten chits on the same day. On<br />

the same evening his father Abdul Rashid Bhat was<br />

picked by the army from their house. The next day<br />

Mehrajuddin went to the camp and handed himself<br />

over to the army in exchange for his father's release.<br />

He was detained there for three days and was beaten<br />

by 3-4 army personnel and a roller was applied to his<br />

legs. Mehrajuddin recalled that it was Captain Vishal<br />

Dhobi, known as Kaloo in the village, who had tortured<br />

him. While beating Mehrajuddin, he had told him his<br />

name. He had also told Mehrajuddin that “you are<br />

responsible for any militant action from Narbal to<br />

Sangrama”.<br />

6 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 7 October 2011. By<br />

communication dated 9 May 2012 from the Jammu and Kashmir Police an unclear copy of the FIR was provided. Further information<br />

sought through RTI on 15 October 2013. By communication dated 20 November 2013 from Jammu and Kashmir Police it was stated<br />

that the CD le stands submitted to ZPHQ for accord of sanction. Further information sought through RTI dated 14 November 2014.

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