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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.

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