STRUCTURES OF VIOLENCE
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83<br />
| Structures of Violence<br />
Introduction<br />
On 6 January 1993, personnel of the 94 Battalion,<br />
Border Security Force [94 Bn. BSF] headquartered at<br />
Fruit Mandi, Sopore led by their Commanding Ofcer<br />
90<br />
S. Thangappan shot and killed 46 persons including<br />
91<br />
one woman and at least two teenagers , injuring 10-<br />
20 others. Many of those killed were shopkeepers or<br />
traders working in the Main Chowk, Sopore. BSF<br />
personnel burnt down the Sopore Chowk area, on<br />
both sides of the Tehsil Road over a stretch of around 2<br />
kilometers including roadside areas of Shahabad,<br />
Bobimir Sahab, Muslim Peer, Shallapora and Kralteng<br />
[see map of the Sopore Massacre]. The property burnt<br />
down included around 250-300 shops, 30 houses, a<br />
cinema hall (Samad Talkies), a Women's Degree<br />
College, a public school, 4 or 5 bank branches and 4<br />
92<br />
vehicles.<br />
The CBI was assigned responsibility for the<br />
investigation of the case by the Government of Jammu<br />
and Kashmir on 23.01.1993 and led a closure report<br />
listing its ndings on 16.07.2013, more than twenty<br />
years after the massacre. In its closure report it asked<br />
for the case to be shut, with no prosecutions.<br />
According to the closure report led by the CBI before<br />
the Court of the Chief Judicial Magistrate, Srinagar the<br />
Sopore massacre was the result of “cross-ring”<br />
during an “encounter” between “militants” who<br />
ambushed an “army convoy” of ve guard vehicles en<br />
route to Kupwara, blasted an Improvised Explosive<br />
Device [IED] and “opened re from automatic<br />
weapons” on a Road Opening Party [ROP] of the 94<br />
Battalion BSF. In its version of events, the troops<br />
responded to this attack by ring 981 rounds in “selfdefense”.<br />
According to the CBI, the militants engaged<br />
in “indiscriminate ring” on “innocent civilians” and<br />
troops of the 94 Battalion of the BSF with the motive to<br />
“tarnish the image” of the security forces in Sopore.<br />
The CBI contends that the re that damaged “property<br />
worth crores” was caused by “explosion of gas<br />
cylinders” at a shop in Bhuggo Chowk where the gas<br />
cylinders were stored, in the ensuing “cross-ring”.<br />
Contextualizing Command and Camp Structure<br />
in Sopore<br />
The 94 Bn. BSF was shifted to Sopore in April 1992 to<br />
replace the 76 Battalion BSF which was in control in<br />
Sopore. The 94 Bn. BSF remained there until 7<br />
January 1993, the day after the massacre, when it<br />
was ordered to move to Pulwama to relieve 19<br />
Battalion BSF, in an attempt by the administration to<br />
manage the mass protests and anger that spilled<br />
onto the public domain in the wake of the massacre. A<br />
Report by the Sopore based Jammu and Kashmir<br />
Human Rights Forum states that Sopore was burnt<br />
by the BSF for the time rst on 13 September 1992<br />
when the BSF shot dead three men, gang-raped a<br />
young woman and set ablaze 9 residential houses<br />
93<br />
and 11 shops in the Nahrapora area of Sopore.<br />
The 94 Bn. BSF was divided into A, B, C, D, E and F<br />
Companies, headquartered at the Town Hall (led by<br />
Assistant Commandant Ashok Yadav), Degree<br />
College (led by Assistant Commandant Prakash<br />
Singh), Indian Technology Institute (led by Assistant<br />
Commandant Balwant Bhaskar Joshi) the Jammu<br />
and Kashmir Bank on Tehsil Road (led by Inspector<br />
Ram Saran Singh), the State Bank of India at the<br />
Main Chowk (led by Deputy Commandant Jaideo<br />
Singh) and Arampora (led by and Assistant<br />
Commandant Kartar Singh Saroha) [see map of the<br />
Sopore Massacre]. The Tactical Headquarters of the<br />
94<br />
94 Bn. BSF were located at Arampora . The number<br />
95<br />
of troops in each Company was about 126 apart<br />
from 30 additional personnel on “reserve” at Battalion<br />
Head Quarter at Fruit Mandi who were retained for<br />
“performing the operational as well as camp<br />
96<br />
duties” .<br />
All companies were located within a distance of 1-3<br />
kilometers from the Main Chowk, Sopore;<br />
consequently there would have been 786 personnel<br />
of the BSF in and around the area circumscribed by<br />
the six Companies. All Company Commanders were<br />
responsible for patrolling duties, the Road Opening<br />
97<br />
Party and other operational and security duties.<br />
Each Company was further divided at the Platoon<br />
level and commanded by a Platoon Commander,<br />
including Inspector BS Rawat (for the B Company),<br />
Inspector Gurcharan Singh (for the C Company) and<br />
Inspector Ajaib Singh (for the E Company). The<br />
C o m m a n d i n g O f c e r o f t h e B a t t a l i o n , S<br />
Thangappan, was the “overall controlling authority”<br />
and was responsible for the “smooth administration<br />
and operational exercises in the area where the<br />
98<br />
battalion [was] located” . Assistant Commandant<br />
90 The CBI states there are 44 victims and that correspondingly 44 Medico-Legal Certicates [MLC's] are on record. But, in reality there are<br />
45 victims listed in the Annexure B of the closure report submitted by the CBI. No. 39, Annexure B, has two names of victims: Ghulam<br />
Rasool Shalla and Sajad Ahmad Shalla, both of whom were killed in the massacre. Of the two the CBI has made available the MLC of<br />
only Ghulam Rasool Shalla. Our research reveals that both Abdul Rashid War and his son Nazir Ahmad War were killed in the massacre.<br />
However, the CBI lists only Abdul Rasheed War as a victim. MLC No. 49 relates to his death.<br />
91 MLC of Sajad Ahmad Shalla and Mohammad Ashraf Shalla prepared by Dr. Mohammad Yatoo lists both as aged around 15 years.<br />
92 Statement of Abdul Ahad Wani, Naik Section Grade No 49 Fire Service, Sopore to the CBI, corroborated by Statement of Abdul Sattar<br />
Mir, Leading Fireman Fire Station Sopore to the CBI.<br />
93 Page 22, 'Set Ablaze- Apple Town Sopore', Jammu and Kashmir Human Rights Forum, Sopore.<br />
94 In the Section 161 Statements of the BSF, there are references to Tactical [TAC] and Battalion Head Quarters. The Tactical Headquarters'<br />
at Arampora, while the Battalion Headquarter' are located at Fruit Mandi.<br />
95 Statement of Balwant Bhaskar Joshi, Assistant Commandant, Company Commander of the C Company, 94 Battalion BSF to the CBI on<br />
10th November 1993.<br />
96 For the over all deployment and command structure of the BSF in Jammu and Kashmir, see Chart 6, in Chapter 1.<br />
97 Statement of Kartar Singh Saroha, Assistant Commandant, Company Commander of the F Company, 94 Battalion BSF to the CBI on<br />
15th October 1993.<br />
98 Statement of Kartar Singh Saroha, Assistant Commandant, Company Commander of the F Company, 94 Battalion BSF to the CBI on<br />
15th October 1993.