STRUCTURES OF VIOLENCE

534 | Structures of Violence
and sometimes got aggressive for no reason. The
victim was kept in the JIC for 20 days and was
interrogated daily from 11 pm to 2:30am.
During these 20 days, he was taken to the ofce of
Senior Superintendent of Police [SSP], Abdul Gani Mir
who also asked him about the militants and their
whereabouts. The SSP named some militants such as
Jehangir Dar of Hulmula, Sangam, Bijbehara and
Fayaz Dar of Waghama. The victim wasn't aware
about these militants or about their whereabouts.
After 20 days SSP Gani told him that he will release
him, but instead, he will pick his younger brother
Mohammad Ibrahim Bhat, 18, up, as he might tell them
something about the militants. He was handed over to
Police station Bijbehara and who released him on the
same day. But the harassment still continued.
3 RR of the Waghama Camp; SOG of Srigufwara used
to come to his house daily and kept his house under
surveillance. He was also asked to appear daily to the
SOG camp Srigufwara by Arshid Khan for 10 days.
This threat of harassment and torture led his brother to
join the Hizbul Mujahideen; he wondered if he would
also be arrested or face the same type of torture. So,
during the days when the army and the SOG were
coming to their house, the brother of the victim joined
Hizbul Mujahideen. After some days, he became an
active militant, though he didn't go across the border
for training.
In this period, Arshid Khan, SHO Srigufwara,
summoned the victim. He asked him about his
brother's whereabouts. Aijaz Khan, DSP Bijbehara,
also summoned him and told him to make his brother
surrender. The victim said to both the ofcers that he
was not aware about his brother's whereabouts. Once,
the victim's house was also raided and when they
couldn't nd his brother there they gutted down the
house by some explosion. His brother was an active
militant for nine months and after nine months he was
killed in an encounter at Panjpora, Sangam on 6 April
2007.
Twenty days after the killing of his brother, Ramesh
Lal, along with other SOG personnel, came to his
house and arrested him again. They took him to the
JIC at Khanabal, where he was tortured and was
asked to produce the weapons of his brother and give
information about his other militant friends. He was
electrocuted, his legs were stretched and a roller was
rolled over him. This time SI, SOG Parvaiz Ahmad
Shah and Assistant Sub-Inspector [ASI], SOG Javaid
Mattoo were asking him about the militant friends of his
brother. He was released after 2 months because his
health had deteriorated due to the torture; he would
often bleed from his mouth. He was taken to the
hospital by SOG personnel and was released
thereafter.
After all this, he was again arrested on occasions such
as Independence Day, Republic Day or on the
Kashmir visit of any minister. In 2013, the then Prime
Minister Manmohan Singh was due to visit Kashmir. As
a result, DSP Puri of Sangam Police Station [SOG]
summoned the victim. But he didn't go.But he realized
that he was being kept under surveillance.
Eight days later, the SOG picked him upat Awantipura
Market. He was taken to SOG police station Sangam.
They kept him there for 15 days. This time he was not
tortured.
Since that day, the victim appears at the SOG police
station Sangam whenever they call him. His life is
depressing because of this reason. He cannot even
sleep properly because of the threat that the police or
army would arrest him.
The victim, Farooq Ahmed Bhat, gave the above
statement to the IPTK on 5May 2015.
The victim's statement is clear, and cogent evidence is
presented of three separate incidents of torture by the
alleged perpetrators. The allegations warrant further
investigation.
The role of SSP Abdul Gani Mir also requires further
investigation. As per ofcial information provided in
RTI response, Abdul Gani Mir was the District SP of
Islamabad from 31 May 2006 to 28 February 2008.
Therefore, the presence of Abdul Gani Mir as District
SP in July 2006 is corroborated. Further, considering
that the witness/victim testimony is that he was
tortured every day between 11 and 2:30 am at the JIC
and that it was during this period of time that he was
also questioned by SSP Gani Mir it is highly probable
that Gani Mir would or should have known of the
torture at JIC. If not through the SOG personnel at JIC,
certainly through his meeting with the witness/victim,
he would have known of the torture taking place. To
that extent, and atleast based on the international
criminal law principles of command responsibility, it is
clear that Abdul Gani Mir [presently Inspector General,
CID] should be investigated for failing to take action
following knowledge of a crime being committed by
persons under his effective control.
Case No. 44
Victim Details
Manzoor Ahmad Wani [Grievous hurt (bullet injury)]
Age: 30
Occupation: Salesman, Hardware shop
Son of: Mohammad Abdullah Wani
Resident of: Bumthan, Mir Bazaar, Islamabad District
Alleged Perpetrators
1. Rieman Mukesh Singh, 36 Rashtriya Ries
[RR], GARH RIF, Camp Larkipur, Islamabad
Case Information