STRUCTURES OF VIOLENCE

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513 | Structures of Violence Alleged Perpetrators 1. Major SS Sinha, Palhallan army camp 2. Mohan Singh, Deputy Superintendent of Police [DSP], Special Operations Group [SOG], Jammu and Kashmir Police, Baba Taing camp 3. Ghulam Nabi Dar, Government Gunman 4. Ghulam Ahmad Yatoo, Government Gunman 5. Abdul Rashid Malla, Government Gunman 6. Mohammad Shabaan Kawa, Government Gunman Case Information Ghulam Mohammad Khan, uncle of the victim, was not only an active Hizbul Mujahideen militant but also a commander, due to which the family had to face constant raids and torture. In 1996, the army killed Ghulam Mohammad Khan in an encounter. After a break of 8 months, the victim was accused of storing weapons. The army headed by Major S.S. Sinha along with government gunmen Ghulam Nabi Dar, Ghulam Ahmad Yatoo, Abdul Rashid Malla and Mohammad Shabaan Kawa raided the house; they mixed the whole ration of the house at one place. Major SS Sinha also took a carpet from the house of the victim. Later, after one year, when Ghulam Hassan invited him on his marriage, he returned it. He invited the Major so as get rid of this harassment. In the absence of the victim in the house, his father Ghulam Nabi Khan was taken to the Palhallan army camp. He was tortured there, due to which his eyesight weakened. After two days, Ghulam Hassan went to the camp, he handed himself over to the army, after which they released his father. The victim was taken under custody and was tortured due to which he lost his conscious. He was kept in water for two days till he woke up. After that the army dug a mud hole and placed his body inside the mud hole leaving his head outside. They placed ries around him. Then Major S.S. Sinha asked him, “What are you going to do now?”. Every time his family visited the camp, they were sent back with the response that, “your son ran away”. They even destroyed their house and used to take away their belongings. In 1997, DSP Mohan Singh, heading the SOG at Baba Taing picked him up. He was taken to the SOG camp and kept there for two days. He was tortured; a wooden roller was applied on his legs and electric shocks were given to him. Besides this, he was beaten ruthlessly. But he was tortured on the rst day only. He was tortured till he lost consciousness. Then after two days, he was released. After that, he was never harassed any more. The victim, Ghulam Hassan Khan, gave the above statement to the IPTK on 15 July 2015 The above witness statement provides evidence of different incidents of torture. Major Sinha and DSP Mohan of SOG are indicted by the statement for two separate incidents of torture. The statement is unclear on whether the government gunmen were actually present during the incident of torture with Major Sinha though they are stated to have been with him on a prior raid. Further investigations of these allegations are mandated. Case No. 15 Victim Details Ghulam Qadir alias Kanni [Abduction] Alleged Perpetrators 1. Mohammad Ashraf Khan [Operational names Umar / Bhai Jan], son of Habibullah Khan, Government Gunman [Ikhwan] 2. Parvez Ahmad Querishi [Operational name: Shahbaz], son of Aftab Ahmad, Government Gunman [Ikhwan] 3. Ashraf Ali Beig, son of Ghulam Rubani, Government Gunman [Ikhwan] 4. Ghulam Hamdum Beigh, son of Ghulam Rubani, Government Gunman [Ikhwan] 5. Mohammad Amin Sheikh [Operational name: Manzoor], son of Habibullah, Government Gunman [Ikhwan] rd 6. Major Avtar Singh, 103 Battalion Territorial Army, deployed at Rawalpora, Srinagar Case Information First Information Report [FIR] no.115/1996 u/s 364 [Kidnapping/Abducting to murder], 109 [Abetment], 120-B [Criminal Conspiracy] was led at the 7 Shergari Police Station . The FIR states that on 18 February 1996, Ghulam Qadir was picked up from his home by Ikhwan. An extortion demand of Rs.1,50,000 was made. The persons accused were Shahbaz [Rajkashi], Ashraf Ali and Hamdani. By communication dated 22 April 2014 from the Jammu and Kashmir Police information was provided that investigation stands concluded as challan and is pending production. 7 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. By communication dated 2 June 2012 from the Jammu and Kashmir Police a copy of the FIR was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014.
514 | Structures of Violence As per a letter dated 23 October 2000 from the Senior Superintendent of Police [SSP], Srinagar to the Deputy Superintendent of Police [DSP], and a member of the Special Investigating Team, the case was closed as chargesheeted against the alleged perpetrators but was pending production as Major Avtar Singh had not been apprehended. Various attempts were made to extradite Major Avtar Singh from Canada, and then the United States, where he had ed after being allowed to acquire a passport. On 9 June 2012, at around 6:30 am California time, Major Avtar Singh called police authorities in the city in which he was residing and informed them that he had killed members of his family and was going to kill himself. Subsequently, the dead bodies of Major Avtar Singh and his family were found by the police authorities at Major Avtar Singh's residence. The Jammu and Kashmir Police position that the case against the alleged perpetrators was not proceeding because Major Avtar Singh could not be arrested is an indictment of the Jammu and Kashmir Police who do not appear to have sought to use any of their coercive powers to arrest Major Avtar Singh. Further, available documents from the Ministry of Defence do not mention this case at all, thereby suggesting that the case was never received on their end with regard to Major Avtar Singh. It needs to be ascertained whether the Jammu and Kashmir Government has at all sent the case for sanction for prosecution to the Ministry of Defence and whether the Ministry of Defence has misplaced the case le. Further, the available documents do not suggest that even a Court-Martial was conducted in this case by the army. With the recent death of Major Avtar Singh, it has been ensured that no justice, by the rule of law, will ever be meted out to him. The processes of justice have therefore ensured impunity. Yet, prosecution can still proceed against the other alleged perpetrator, where sanction before prosecution is not required. Case No. 16 Victim Details Fayaz Ahmed Bhat [Torture] Age: 36 Occupation: Farmer Son of: Ghulam Mohammad Bhat Resident of: Tantray Pora, Palhalan, Pattan, District Baramulla Alleged Perpetrators 1. Major Sinha [ Operational name Liyaqat Ali Khan], Palhalan army Camp 2. Malik, army Ofcer, Palhalan army Camp 3. Sher Khan, Government Gunman [deceased] 4. Mohammed Shabaan Kawa, Government Gunman 5. Saeb Hajam, Government Gunman Case Information The brother of the victim had been a militant with the Hizbul Mujahideen. As a result the family of the victim was frequently targeted. Fayaz Ahmed Bhat, Mustaq Ahmad's brother, was picked up and taken to the Palhallan army Camp, under the authority of Major Sinha [operational name: Liyaqat Ali Khan] and Ofcer Malik of the same Camp. The victim was kept at the camp for 2-3 days at a stretch, then released, only to be captured again. They tortured him and the others in custody in various ways: electric currents through toes, they stripped him and his brother in front of each other, hung him upside down for 20-25 minutes continuously and put ice and freezing water over their body. Two to three people simultaneously would beat the victim with sticks for about 10 minutes. They would then stop for an hour and resume the beating. They would heat up an iron rod and place it over their bodies. Major Sinha forced the victim to sit on a stove and burnt him, for others they put petrol into their anus, and passed electric currents through the genital area. They would release him after 2-3 days but then they would pick him up again and the cycle kept going on for 1-2 times a month, sometimes even 1-2 times a week. Government gunmen like Sher Khan, Mohammed Shabaan Kawa and Saeb Hajam also tortured him. They would regularly pick him up, threaten him and ask him for money. After the army ofcers had beaten him, they would beat him further with sticks in the same army camps. The brother of the victim, Mohammad Ismail Zargar, gave the above statement to the IPTK on 9 January 2015. The witness statement is clear, and cogent evidence is presented of the torture by the alleged perpetrators. The allegations warrant further investigation. Case No. 17 Victim Details Mushtaq Ahmad Wagay [Torture] Age: 40 Occupation: Milkman Son of: Ghulam Qadir Wagay Resident of: Goriwan, Bijbehara, Islamabad district
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STRUCTURES OF VIOLENCE THE INDIAN S
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114 CHAPTER 3: COURTS OF VIOLENCE I
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STRUCTURES OF VIOLENCE

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