STRUCTURES OF VIOLENCE

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| Structures of Violence
through Sopore-Baramulla road] despite Singh's claim
that “the heavy cross ring was going on” in which,
purportedly, the “BSF was being attacked from all
sides.” Similarly, Company Commander of 94 Bn. BSF
S Thangappan, in his statement says that he “had
given instructions not to open re unless militants were
spotted and since the militants were ring from inside
the houses from a distance, [hence] there was no
return re.” The remen on the scene too deposed
before the CBI that the ring was unilateral, from the
BSF and that they were the ones ring indiscriminately
all directions. Yet, the BSF personnel of 94 Bn BSF
“admitted to have red 981 rounds”, from “110
weapons” in the incident. It is apparent, that the CBI's
use of the language of vague and unspecied “cross-
ring” provides acceptable cover for the BSF
personnel who perpetrated the massacre.
The 44 Medico Legal Certicates [MLCs] of the
deceased indicate that most of those killed in the
Sopore Massacre were red at, from the front and
received multiple bullet wounds concentrated in a
128
particular area . With the exception of three persons,
all of those killed were shot in the head, chest and
abdominal regions--21 of the deceased received
rearm injuries in the chest, 11 received re arm
injuries in the abdomen and 6 were shot in the head
including 2 who were shot in the forehead. 37 of the
victims were shot at in the front in the head, chest or
abdomen at least once. Contrary to being indicative of
cross ring, such a pattern of injuries leading to death,
points to the BSF personnel perpetrating one-on-one
extrajudicial executions. Dismissing the opinion of the
doctors at the scene who prepared the MLCs and
describe the cause of death as “apparent” because the
deceased had sustained fatal “bullet injuries”, the CBI
makes notes of several “lacunas” and “serious
discrepancies”. This includes the fact the dead bodies
were examined “externally and not dissected” and that
“no bullet heads were recovered”. Little consideration
is given to the exigent circumstances under which the
MLCs were prepared--instead the CBI bizarrely
concludes that the MLCs can be not used to “reach
any logical conclusion regarding the cause of death”.
With regard to the arson and destruction of property,
the CBI investigation proves no better at determining
the cause of the re, concluding that the re was
caused by “explosion of gas cylinders during
exchange of re between the BSF troopers and the
militants” located at Bhuggo Chowk, Sopore nearly
one kilometer away from the Main Chowk where the
“exchange of re” took place [see map of the Sopore
Massacre]. The CBI merely reproduces the claim of
Commanding Ofcer, S Thangappan who says, “it was
learnt that due to explosion of grenade and cross-ring
one gas cylinder shop…caught re.” A key eye
witness, Tariq Ahmad Kanjwal, who was not even
approached by the CBI in its investigation, says that
while,“ there was a crockery shop at Bogu [Bhuggo]
chowk at the Muslim Peer alley end…selling lighting
gas without gas liquid.” This shop was denitely not
the cause of the re and destruction. He states, “the
re started 1.5 kms away from the crockery shop.”
Moreover, many shops between Bhugoo Chowk and
the Main Chowk remained unaffected by the re [see
map of the Sopore Massacre].
The CBI also does not adequately concern itself with
the allegation of the re service of not being allowed
immediate access to the scene of the re. The CBI
seeks to discount the evidence of several Sopore re
ghters– that they were delayed by the BSF – by using
the testimony of the re service personnel from
neighbouring towns, who arrived on the scene later.
But, this argument is absurd and once again an
apparent attempt to, discredit any allegation against
the BSF, by any means possible. The CBI states that
the evidence of the personnel of the Sopore re
service being delayed by the BSF “is not corroborated
by the other re service personnel from other areas
who arrived subsequently”. There can be no question
of the other re service personnel corroborating the
Sopore re service personnel version as the other
personnel arrived several hours later, by their own
accounts. It is only the Sopore re service personnel
who arrived immediately, and were in a position to stop
the re from spreading, and were obstructed by
threats from the enraged BSF men, who could provide
direct eye witness evidence to this effect. The bias of
the CBI is apparent from the fact that they seek
“independent sources” to corroborate the Sopore re
services personnel evidence for no apparent reason.
Throughout its report, the CBI makes a case for
viewing massacre through the lens of “cross-ring”
yet it ultimately sees the “punishment awarded” by
the General Security Force Court [Court Martial] to
“erring BSF ofcers/ofcials” in the Sopore massacre
as reason for the case to be closed. In response to a
RTI led by our researchers, on 3 March 2014, the
Chief Law Ofcer, Law Branch, BSF provided
information related to court-martials carried out. In
relation to the attack on Sopore on 6 January 1993, it
is stated that a court-martial was carried out against
seven personnel [no names are provided] for
sections 304, 307 and 436 RPC. Therefore, it
appears the court-martial was not carried out for
offence under section 302 RPC – murder. Further, all
seven personnel were found guilty only under
Section 436 RPC [“Mischief by re or explosive
substance with intent to destroy houses, etc”].
Therefore, the personnel were absolved of the other
offences. Finally, the maximum punishment meted
out, in addition to administrative strictures, is “3
months RI [Rigorous Imprisonment] in force
custody”. With the exception of S. Thangappan, it is
also unclear how many of the seven personnel were
punished with imprisonment in the forces custody. S.
Thangappan was placed under suspension with
effect from 15 January 1993 and was attached with
128 Medico-Legal Certicates prepared by Assistant Surgeon Dr. Ghulam Hassan and Assistant Surgeon Dr. Mohammad Yatoo of the Sub-
District Hospital, Sopore seized by the CBI during investigation.