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STRUCTURES OF VIOLENCE

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532 | Structures of Violence<br />

house. The army rst sent local residents of the locality<br />

inside the house to tell them to get out and assemble in<br />

the compound. After they left, the army along with Tahir<br />

entered the house and searched all the rooms. Tahir<br />

asked the wife of the victim about the militants. She<br />

replied that there were no militants in the house. They<br />

broke the windows and doors of the house and threw<br />

the bedding outside in the compound. Tahir also cut<br />

the landline connection and electricity of the house.<br />

Then the army picked up the victim and took him to the<br />

Joint Interrogation Centre [JIC] at Khanabal.<br />

On the same night, the army again came to their house<br />

and asked about the victim's son. The son was working<br />

as a guard in a park, and on that night he was on his<br />

night duty. The army somehow came to know about<br />

this and they picked him up from the park and took him<br />

to the JIC at Khanabal too.<br />

An ofcer in the camp, called Kaka Battaa, tortured<br />

both of them. They were hung upside down and were<br />

beaten. They were made to stay at the JIC for 4 days.<br />

The son was released after a few days and his father<br />

was shifted to Mattan police station for 15 days. After<br />

that, he was shifted to central jail Srinagar. From the<br />

Central Jail, the victim was brought to Islamabad court<br />

and booked under the Public Safety Act [PSA]. Then<br />

the victim was shifted to Kot Bhalwal and kept there for<br />

one year. After that, the victim was released.<br />

The victim gave the above statement to IPTK on 7May<br />

2015.<br />

The victim's statement is clear, and cogent evidence is<br />

presented of the torture by the alleged perpetrators.<br />

The allegations warrant further investigation.<br />

Case No. 40<br />

Victim Details<br />

Mukhtar Ahmad Ganai [Abduction, Wrongful<br />

Connement and Torture]<br />

Age: 32 [25 at the time of the incident]<br />

Occupation: Transport business<br />

Son of: Muhammad Maqbool Ganai [deceased]<br />

Resident of: Sadrakote, Balla, Sumbal, Bandipora<br />

District<br />

Alleged Perpetrators<br />

1. Farooq Ahmad Padder, Station House Ofcer<br />

[SHO], Jammu and Kashmir Police<br />

2. Personnel of the Special Operations Group<br />

[SOG], Jammu and Kashmir Police,<br />

Safapora Camp<br />

Case Information<br />

On 14 October 2005, at night, personnel of the SOG<br />

raided the house of Mukhtar Ahmad Ganai. SHO<br />

Farooq Ahmad Padder was present. The SOG<br />

personnel were drunk. Mukhtar Ahmad Ganai was<br />

taken to the Manasbal Army Camp on the charge of<br />

having assisted militants. He was tortured by SHO<br />

Farooq Ahmad Padder and an army person. Mukhtar<br />

Ahmad Ganai was electrocuted and parts of his body<br />

were burnt.<br />

Following the night of torture, Mukhtar Ahmad Ganai<br />

admitted to assisting militants and stated that he had a<br />

gun. Mukhtar Ahmad Ganai confessed hoping to be<br />

allowed to meet with his family. The Commanding<br />

Ofcer than released Mukhtar Ahmad Ganai, who had<br />

thus far been hung upside down, and facilitated his<br />

release.<br />

In addition to the torture, the SOG personnel stole<br />

Rs.1040 from Mukhtar Ahmad Ganai. Following his<br />

release, Mukhtar Ahmad Ganai was hospitalized for<br />

three and a half months and spent around Rs.<br />

2,00,000.<br />

The family of Mukhtar Ahmad Ganai gave a statement<br />

to the IPTK on 9 February 2012.<br />

A First Information Report [FIR] was led at the<br />

Sumbal Police Station on 15 October 2005.<br />

Mukhtar Ahmad Ganai received no relief or<br />

compensation. Further, no information exists on the<br />

investigations and prosecution, if conducted, against<br />

the alleged perpetrators.<br />

Case No. 41<br />

Victim Details<br />

Identity not ascertained [Crime not ascertained]<br />

Alleged Perpetrators<br />

1. Gunner [Gnr] Bali Ram, Army<br />

2. Gunner [Gnr] Ganishyam, Army<br />

Case Information<br />

As per information from the Ministry of Defence, in<br />

response to information sought through the Jammu<br />

and Kashmir Right to Information Act, 2009 [RTI] on<br />

sanctions for prosecution under the Armed Forces<br />

(Jammu and Kashmir) Special Powers Act, 1990<br />

[AFSPA], stated on 10 January 2012 that on 30 May<br />

2006 there was a death due to negligence. First<br />

Information [FIR] no. 139/2006 was led. The case<br />

was under examination.<br />

No information exists on the status of investigations or<br />

prosecutions in this case by the Jammu and Kashmir<br />

Police. But, it is noteworthy that despite the passage of<br />

six years since the commission of the crime, the<br />

Ministry of Defence has yet to take a decision on the<br />

grant of sanction for prosecution under AFSPA which<br />

helps the perpetrators in evading justice. Further, the<br />

available documents do not suggest that even a Court-<br />

Martial was conducted in this case by the army.

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