STRUCTURES OF VIOLENCE

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535 | Structures of Violence On 10 December 2006, Manzoor Ahmad Wani was cleaning up the shop when two soldiers appeared and one of them, Rieman Mukesh Singh, caught hold of the collar of the Manzoor Ahmad Wani and abused him without any reason. When Manzoor Ahmad Wani protested, the soldier threatened to shoot. The soldier cocked his gun and shot. Manzoor Ahmad was rushed to the District Hospital, Islamabad, and was then referred to Sher-e- Kashmir Institute of Medical Sciences [SKIMS], Srinagar. His left kidney and spleen were completely shattered and his large intestine was also affected. Both the kidney and spleen were removed. Manzoor Ahmad Wani gave a statement to the IPTK on 29 April 2012. First Information Report [FIR] no. 270/2006 u/s 307 [Attempt to murder]Ranbir Penal Code, 1989 [RPC] 15 was led at the Qazigund Police Station . The Head of General Surgery, SKIMS, Srinagar, issued a certicate on 13 December 2006 that stated that Manzoor Ahmad Wani had received grievous injuries [“loss of spleen and one kidney”]. Further, that the victim was liable to recurrent infections and due to removal of one kidney he was liable to have a possible renal failure. A petition was led before the High Court of Jammu and Kashmir [Original Writ Petition (OWP) 973/2007] seeking the completion of investigations and payment 16 of Rs. 10,00,000 compensation . Further, a Summary General Court-Martial [SGCM] was instituted in October 2008. But, the victim has no knowledge of the ndings of the court-martial. But, by letter dated 18 June 2012, in response to information sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI], information was provided by the Judge Advocate General Department that Rieman Mukesh Singh was found “Not Guilty”. Manzoor Ahmad Wani approached the State Human Rights Commission [SHRC] on 29 November 2007 and a nal decision was issued by the SHRC on 22 July 2008. Ex-gratia government relief of Rs. 75,000 was recommended. Manzoor Ahmad Wani received Rs. 75,000 from the Government of Jammu and Kashmir and Rs. 50,000 from the army. In addition to the medical certicate issued on 13 December 2006 that conrms the injuries sustained by Manzoor Ahmad Wani, the SHRC nal decision of 22 July 2008 serves as an indictment of Rieman Mukesh Singh. The SHRC decision begins with a narration of the Manzoor Ahmad Wani's testimony. Manzoor Ahmad Wani submitted to the SHRC that Rieman Mukesh Singh asked him to show his identity card and also “to put off the clothes”. Manzoor Ahmad showed his identify card but refused to “put off the clothes” [in his statement to the IPTK the Manzoor Ahmad Wani has stated that he was asked to lift his pheran]. The Rieman Mukesh Singh then said “you Kashmiris are born to die” and red at the victim. The Director General of Police [DGP], Jammu and Kashmir, Srinagar submitted a report dated 27 May 2008 to the SHRC. This report states that the Rieman Mukesh Singh asked Manzoor Ahmad Wani to show his identity card but he showed him his election card. The Rieman Mukesh Singh insisted that another identity card be displayed, there was a “heated exchange”, following which the Rieman Mukesh Singh shot at Manzoor Ahmad Wani. The chargesheet, following investigations, in the case st was produced before the Judicial Magistrate 1 Class, Qazigund on 30 November 2007. The victim was found not to have been involved in any subversive activity till date. Based on the above, the SHRC found that the case against the Rieman Mukesh Singh was “clearly established”. The SHRC nal decision, and the production of a chargesheet before the competent court, therefore strongly indicts the Rieman Mukesh Singh in the instant case. But, it appears that the case was transferred to a Court-Martial, where despite strong evidence against the alleged perpetrator, he has been acquitted. Further, it is unclear if the acquittal of Rieman Mukesh Singh was agitated by the State or the army itself. Case No. 45 Victim Details Fayaz Ahmad Ganai [Torture] Age: 38 Occupation: Baker Son of: Ghulam Mohammad Ganai Resident of: Ketpora, Palhallan, Baramulla district Alleged Perpetrators 1. Dalal, Major, 29 Rashtriya Ries [RR], Wusan Camp 2. Shahnawaz, Government Gunman [Muslim Mujahideen] 3. Mohammad Shaban Tantray, alias Shaban Kawa resident of Tantray Pora, G o v e r n m e n t G u n m a n [ M u s l i m 15 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information was provided. Further information sought through RTI on 15 October 2013. Further information sought through RTI dated 14 November 2014. 16 Information on the petition number was sought through RTI on 16 February 2012. Information was provided.
536 | Structures of Violence Mujahideen] 4. Abdul Rashid Hajam, resident of Raipora, Government Gunman [Muslim Mujahideen] 5. Abdul Rashid Malla, resident of Raipora, Government Gunman [Muslim Mujahideen] 6. Abdul Rasheed Hakim, Government Gunman [Muslim Mujahideen] 7. Ghulam Mohammad, resident of Kadipora, Tangmarg, Government Gunman 8. Mukhtar, resident of Mirgund, Government Gunman Case Information In 1995, the victim was at his bakery shop when 10-15 government gunmen raided it. They included Shahnawaz, Mohammad ShabanTantray, Abdul Rashid Hajam, and Abdul Rashid Malla. The victim was taken by these gunmen to Kaw Mohalla, where their camp was. He was picked up at about 11:30 am on the allegation that he was afliated with militants. In the camp, his hands were tied and he was beaten with sticks by the following gunmen: Abdul Rashid Hakim, Abdul Rashid Malla, Ghulam Mohammad and Mukhtar. They also trampled the victim. This torture was done to the victim till 2 pm. The victim was told to join them or else he would be killed. He was released at about 6 pm the same day. On the next day, the victim left his home, along with his family, and stayed at Baramulla. They then lived in Srinagar for ten months. After 10 months, the victim returned home, but two months later, the government gunmen again started harassing the victim. They led the Mahar Regiment of the army to arrest the victim in 1996 at about 9 am in Palhallan. In the camp, the victim was stripped and was hanged upside down. Two army personnel beat the victim with a belt and hot oil was poured in his rectum. This torture continued till 5:30 pm. Then the victim was released the next day at about 12-1 pm. In 2007, the house of the victim was raided at midnight by the army of Wusan Camp, 29 RR. Major Dalal was their commander. The victim identied Major Dalal as he was known in the area. The victim was arrested again on the allegation that he was a militant. He was taken to Wusan Camp. From 12:30 am onwards, 8-10 army personnel tortured him. The victim was stripped, and was then hanged upside down. His body and private parts were electrocuted. Major Dalal was also in the cell during the torture; he was forcing the victim to admit that he was a militant. But he denied this. He was tortured till 2:30 am. On the next day, he was released at about 3 pm, when the army felt that he was “innocent”. In 2010, Major AK Sharma called the victim twice to the army camp at Palhallan. He was asked whether he was a militant. He was neither detained nor tortured on these occasions. After this, he was not harassed anymore. The victim, Fayaz Ahmad Ganai, gave the above statement to the IPTK on 31May 2015. The victim's statement is clear, and cogent evidence is presented of three separate incidents of torture. In the rst and third incident, the alleged perpetrators are named. The second incident of torture would require further investigations identify the army ofcials involved in the Palhallan camp. Case No. 46 Victim Details Ashiq Hussain Zargar [Torture] Age: 33 Occupation: Electrician [Private] Son of: Abdul Majeed Zargar Resident of: Feroz Shah Mohalla, Bijbehara, Islamabad district Irshad Ahmad Zargar [Torture] Resident of: Bijbehara, Islamabad District Alleged Perpetrators 1. Zahid Malik, Superintendent of Police [SP, operations], Special Operations Group, Joint Interrogation Center [JIC], Khanabal Case Information During the 2010 uprising, a youth and a friend of the victim Ashiq Hussain Zargar, namely Nazir Ahmad Wani, son of Abdul Rehman Wani from Bijbehara locality was allegedly shot in the head with a shell by DSP Farooq Ahmad Zargar outside a mosque where he was offering Friday prayers. This led to protests in the area against the perpetrators involved. Ashiq Hussain Zargar was a close friend of Nazir's and also the eyewitness to the killing. Following this Ashiq Hussain Zargar was therefore harassed. Eventually, the Jammu and Kashmir Police picked up the victims during a cordon. They were then taken to Police Station Bijbehara. They were detained there for fteen days in the lockup. After that they were shifted to Joint Interrogation Center in Khanabal, as per the directions of Mohammad Raq, the SHO of the Police Station in Bijbehara. In the JIC, SP Operations Zahid Malik from Poonch, tortured the victims. They were taken to the interrogation room so as to compel them to accept the false charges, which were brought against them. SP Zahid Malik directed his escorts to the torture the victims. They were then beaten with a rubber belt for two days. Also, during their detention, their mouths were closed with cloth and then water was put on top of them to suffocate them. They were forced to drink
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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114 CHAPTER 3: COURTS OF VIOLENCE I
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STRUCTURES OF VIOLENCE

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