The Informative Missive
Published by
 PUBLIC COMMISSION ON HUMAN RIGHTS

August 2003

Editorial:   UNVEIL THE TRUTH

Truth becomes the first causality in conflict, goes the old saying. This is precisely what is happening in Kashmir where the warring groups make claims and counter claims about their daily activities. The electronic and the print media publicize the claims made by the law enforcing agencies and the militants as well.

As the media particularly, the electronic one, has the potential to mould public opinion, the Indian electronic media misses no moment to telecast the achievements of the law enforcing agencies who they claim are fighting a “proxy war.” In fact, the policy of both the versions of the media suits the government policy. Separatist political activists arrested are paraded before the cameras with extra-judicial confessions and also their involvement in “terrorism”. Their retraction is seldom made before the courts. The accused face the media trail instead of the actual judicial trial, which is totally in contravention of the professional ethics. This propaganda or info war almost condemns the accused even before they are put to trail or convicted by the courts.

    Everyday the Army claims killing of number of foreign militants and recovery of huge cache of arms and ammunition across the Jammu and Kashmir. The Army is quick in issuing the names of the slain militants and there are several cases, which came to light where the local Kashmiris remotely related with ongoing militancy, were dubbed as foreigners and buried unnoticed. Even though the FIRs have mentioned them as foreigners, their relatives have exhumed and identified the bodies thus exposing the government claims. Unfortunately, there is no mechanism to establish the veracity of the army claims and most of the killings of these “foreign militants” go unabated in the remote and inaccessible areas. The case of Panchanthan in Anantnag district, where the “five dreaded mercenaries” killed in March 2000 later proved to be ordinary civilians, is just a tip of an iceberg.

    Normally, the police are empowered to conduct the investigations but in Kashmir they are incapable to investigate into the allegations and counter allegations. It is unlikely that the police force of nearly 50,000 personnel will confront more than half-a-million military and paramilitary forces thereby forcing the relatives to take legal course, which is a long drawn process.

    This subversion of truth is also from the militants’ side as they seldom claim responsibility for an attack that causes civilian casualty. The militants’ in turn blame the “Indian agencies” for such attacks. And the blame game goes on. The public opinion on the other hand is too feeble to be taken into account by the actors in conflict. In other conflict zones, the people particularly the Civil Society has been successful in mounting pressure on the warring groups to adhere to the International Humanitarian Laws including Geneva Convention. Such a thing is unfortunately lacking in Kashmir. If state claims it is a signatory to the International Conventions, it has to adhere to the International Laws leaving aside the Municipal Laws (fundamental rights). And the militants who are not criminals, but are fighting for their political rights have also to adhere to the Geneva Convention, which doesn’t permit them to harm a person because of his political beliefs.
 
    The claims and counter claims will continue causing confusion in the public unless the human rights groups will not dare to place the reality before the people. Admitted that human rights groups have limited resources and cannot compete with the powerful media siding with the government, but intensive lobbying is needed within the section of the press committed to professional ethics in India and foreign media so that the truth is unveiled. It is certainly a Herculean task but not impossible one. The violations from both sides deserves condemnations otherwise the selective condemnations only discredit the people and groups who claim to be supporters of the truth.

APDP LIGHT CANDLES TO PROTEST AGAINST THE PHENOMENON OF ENFORCED DISAPPEARANCES

Aug 18: The relatives of the disappeared persons once again got together to commemorate the memories of their disappeared ones and to highlight their plight and non–seriousness of the government in putting an end to phenomenon of enforced disappearances in Kashmir. The relatives also lit candles as they said that candle lighting is symbolic of the ray of hope with which they have been fighting. They staged a silent protest to remind the government of keeping the promises they had made to people in their election campaign.

    The present government had made human rights violation as their election plank and promised people that they would put an end to it if elected to power. Nearly nine months have passed since they assumed power but human right violations have shown no decline in fact they have shown four-fold increase in the PDP rule as compared to National conference rule.

    The Association of Parents of Disappeared Persons has been pleading the government to tell them of the whereabouts of their dear ones and if they are no more to declare them dead. They had organized a seven-day hunger strike campaign in April (17-24), which had coincided with Prime minister Atal Bihari Vajpayee’s visit to Kashmir. The government showed a complete indifference to the plight of the relatives of desaparacidos. The candle light campaign has been organized once again to draw the government’s attention to the plight of the relatives.

    The members of APDP, while talking to media said that nearly 84 persons have disappeared in the nine months rule of People’s Democratic Party (PDP) led coalition government. They said that human rights violation have shown four fold increase in the PDP led govt. APDP office bearer Parveena Ahangar said that the National Human Rights Commission (NHRC) had issued a notice to the state government asking it to explain the position after they resorted to a hunger strike a few months ago, ”but the government did not bother to reply to the notice nor did it bother to take any sort of action” she said.

    The APDP, patron, Parvez Imroz said, the documentation of 84 disappearances is just a tip of the iceberg. “There might be more disappearances, as many go unreported. People living in far-flung areas do not report disappearances due to ignorance and other pressures. Some people report disappearances after a long time because they are individually trying to trace their wards,” said Imroz. He also added that they had pinned a lot of hopes that PDP led government would fulfill its pre poll promises of ensuring an end to custodial disappearances and punishment of the culpable but they failed to keep that promise.

    Noted journalist and human rights activist Zahir-ud-Din released second edition of his book titled “Did they vanish in Thin Air? Speaking on the occasion Zahir–ud–Din said that, “the parents were hoping that the new government would come to their rescue but unfortunately they proved to be just pipe dreams. The candle lighting is the symbolic ray of hope with which the APDP has been fighting for their demands”.

    APDP since its inception in 1994 has been campaigning the cause of enforced disappearances in Kashmir. The Association has time and again espoused the cause and pleaded the government to investigate the cases and reveal the whereabouts of their wards and if they are no more to declare them dead. The members of the APDP at the candle light programme said that they would continue in their endeavor till they get justice. But of now the government has turned deaf ears to their pleas and blind eye to their plight.

INTERNATIONAL DAY OF DISAPPEARED
    The Association of Parents of Disappeared Persons (APDP) of Kashmir organized a function here today to mark the International Day of Disappeared. The relatives, mostly women, had come from far-flung areas of the Valley, assembled at the office of Association of Parents of Disappeared Persons (APDP).

    They narrated their heart-rending tales and lamented the indifference of the authorities towards putting an end to the phenomenon of enforced disappearance. The relatives were highly critical of Mufti Sayeed led government for its complete failure to curb the human rights violations, particularly the custodial disappearances, as it had promised before coming to power.

    Mufti’s pre-poll promises of ensuring an end to custodial disappearances and punishment to the culprits led to an impression that our miserable plight would end soon. However, he failed to keep his promises as 84 cases of disappearances have been reported since Mufti assumed office on November 2, 2002, the relatives observed.

    Mufti and his daughter, who used to shed crocodile tears before the families of the victims, have proven no different from Farooq Abdullah regime, they said. Meanwhile, several prominent global groups like Amnesty International, Latin American organization FEDEFAM, Philippines-based AFAD, etc have expressed their solidarity with the APDP. In their separate messages, the groups have pledged complete support to the association in its fight for the cause of the disappeared.

    Besides, the Amnesty’s Canada chapter (Group 17) organized a fast since August 28th till 30th in Vancouver. Amnesty Group 17 Canada also organized a march to the Indian Consulate in Vancouver.

AFAD RESOLUTION IN BANGKOK

    On the occasion of the International Day of the Disappeared on August 30, 2003, the Asian Federation Against Involuntary Disappearances (AFAD) successfully culminated its second Congress. The culmination was done through a collective prayer for the disappeared all over the world and approval of congress resolution. 25 delegates attended the Congress including China, India, Philippines, Pakistan, Sri Lanka, and Thailand.

    Chandaw (The Search), a documentary film on Enforced Disappearances in Kashmir produced by Global Witness was screened during the Congress in Bangkok. The film was widely appreciated, and it set a precedent for other members of the AFAD who said they would follow a similar pattern in the future.
All the members of AFAD met in Bangkok and on 30th August 03, passed resolutions on Kashmir, which calls on government of India for:

1. Putting an immediate end to the process of unabated disappearances in Kashmir.

2. Appointment of a commission to probe the enforced disappearances in Kashmir with the mandate to identify and punish the perpetrators.

3. Stopping the harassment of the members of APDP and human right activists by the Indian authorities.

4. Repealing of draconian laws like the armed Forces (Special) Powers Act, which empowers the Indian security agencies to commit crimes with impunity.

5. Disclosing the names and whereabouts of 3,931 who the Kashmir government has stated to have disappeared in the custody.

6. Handing over the bodies of the disappeared men, if dead, to their relatives,

7.  Amending the penal laws making enforced disappearances a separate penal offence as has been followed in different countries.

8. Permission to the international organizations like UN working Group on Disappearances, AFAD and FEDEFAM to visit Kashmir And rehabilitating the relatives of the disappeared men.

    AFAD was formed in 1998, in Philippines and APDP is its founding member. Since its inception AFAD has been working exclusively for the phenomenon of enforced or involuntary disappearances in Asia.

AMNESTY OBSERVE FAST IN SUPPORT OF APDP’S CAMPAIGN
Aug 22: Extending their solidarity and support to the Association of Parents of Disappeared Persons (APDP) and expressing grave concern over the unabated disappearances in Jammu and Kashmir, the Amnesty International (AI) Vancouver, Canada based members organized three day fast from 28th August. Interestingly, the concluding day of the fast coincided with the International Day of Disappeared.
The statement issued at Canada by the AI Group 17 reads, “We support the Association of Parents of Disappeared Persons in Jammu Kashmir. We are gravely concerned with the thousands of people who disappeared in the custody of the security agencies. These agencies include the local police and its counter-insurgency wing, the Special Operations Group (SOG), the Rashtriya Rifles (RR) and smaller paramilitary units. We have noted that since rise of insurgency in Jammu and Kashmir in 1989, there have been thousands of reported disappearances in the state. While the authorities estimate the figure at 3744, we believe the accurate figure to be probably higher, since many disappearances go unreported or unrecorded".
   
    Accusing the newly constituted government in failing to keep its promises to putting an end to disappearances and to constitute a commission for probing the disappearances. The group conveyed their solidarity, concern, hope, comfort and active support to the families whose dear ones met with this ill fate.

TWO FOLD RAPE ATTEMPTS FOILED BY VICTIMS

    Continuing with their practice of violating human rights, Rashtriya Rifles (RR) and Central Reserve Police Force (CRPF) personnel have been yet again involved in incidents of attempting rapes. These incidents took place at two different places with one incident following another. But their devilish designs proved futile by the intervention made by the locals and one of the victims saved herself by her bravery and cleverness.

    August 24: Rashtriya Rifle (RR) personnel allegedly made an abortive attempt to outrage the modesty of a handicapped girl at Thana Mandi village nearly 17 km away from Rajouri town. The incident triggered massive demonstration in the area.

    Residents of Thana Mandi turned violent when they came to know about the incident. Huge number of villagers including women took to the street, razing slogans against the Rashtriya Rifles and crying for punishment to the erring personnel. Locals alleged that about a dozen jawans of Doriwal army post were patrolling the area in the evening and during patrol the soldiers first called out all the male members from their houses and asked them to report to the Major of the post and later started search operation.

    At about 12 ’O clock some soldiers allegedly entered into the house of Abdul Qayum Dar, a teacher by profession where his handicap sister Fatima was alone. The forces, dragged Fatima towards the storeroom of the house before they could succeed in their evil designs, the girl raised alarm. Her screams reached the ears of few neighbouring women, sensing some trouble they rushed towards Qayum’s house. Meanwhile, other permanent patrolling party reached the spot and got their colleagues out of the spot.

    In order to make their protest more effective, the protestors marched towards the district headquarters. A delegation of villagers later made a call to the office of Divisional Commissioner (DC) Jammu, to inform him about the whole incident, incidentally the DC was on two days tour of the district. The DC, when informed about the incident reportedly directed the Assistant Commissioner, Rajouri, Muhammad Bashir Bhat, to accompany the villagers and lodge an FIR against the army personnel responsible for the act. The FIR was lodged under section 354 of RPC.

August 25: In a similar incident, a 17-year-old girl managed escape from the clutches of the Central Reserve Police Force (CRPF) personnel at Industrial Estate Zakura. In protest, Industrial unit holders called for indefinite strike until the erring personnel was brought to book.
 
    They rang the office of C.M. Mufti Sayed several times but after three long hours they were tossed like shuttlecocks from one official to another without getting in touch with the CM. Shakeela of Pulwama district came to Zakura to stay for few days with her aunt Zubeda wife of Abdul Samad watchman at Industrial Estate. Around 12 pm, Samad and Zubeda went to a doctor and left their three-year-old baby and Shakeela at home. Abdul Samad closed his grocery shop adjacent to house.
 
    About 60 meters away from the house there is a CRPF camp of C - Company 37 battalion. Sensing that the girl is alone at the house a CRPF man from the camp went to Abdul Samad’s provision store even though it was closed. In the feverish tone Shakila related the whole incident: "I shouted from window that the shop is closed and there was no one at home. This proved to be the undoing. I thought he went back to the camp. Instead, he entered from the main gate and started quizzing me. He asked whether I was married or not. When I said no, he proposed me marriage and began to pose obscene questions. He was holding a bundle of notes in his hands and offered me...."

    Sensing his bad intentions I tried to flee. However, he caught hold of my hand and pushed me onto a bed in the dining room. Seeing this my three-year-old cousin started crying. In the meantime, he bolted the door from inside. I told him that I will pacify the crying kid and come back again. As soon as CRPF man opened the door, I ran away and took shelter in the house of our neighbour here".

    Rafiqa, who received Shakeela when she fled from the clutches of CRPF man, stated, "She came running towards me. She was shocked and choking with tears. I told her that I would go and teach them a lesson". The accused CRPF personnel had told a male child-who was in the house- to fetch apples from the camp indicating that he had been eyeing the girl for sometime.

    As soon as the news spread, the Industrial unit holders called a meeting, which decided that units would be closed if the government didn’t take any action against the accused and shifted the camp from the Estate. Samad on his return was told the whole story. He rushed to CRPF camp and lodged protest before an officer. "Initially, the officer denied having any knowledge about the incident. However, when I persisted he assembled the jawans who denied any involvement. After some investigations one of them came forward saying he had gone for shopping. Hearing this the officer slapped him thrice before me and reprimanded him. He apologized me for the affair", said Abdul Samad.

    The irate unit holders are not pacified. "If they kill us or maim us, it is routine. But, the assault on our honour is unpardonable. We have suffered huge economic losses. The presence of the camp has affected our direct sales, we can bear that, but not this", a unit holder said. A unit holder who was diversifying his printing plant said, "scores of girls work in my unit and more may apply. However, if the incidents like this happen again, we may have to shut our units".

ASSAULT ON PRESS

    Journalists of the valley tasted Mufti Syed’s healing touch when they were invited to dinner at his official residence in Srinagar. Only the dishes dished out in the form of abuses and man handling by police did not taste great and the guests didn’t wait for a dessert. Their tastes changed and they wanted the erring police and SSG personnel to whet their appetite. Elsewhere, journalists were also manhandled at different places while they were performing their professional duties. The manhandling and use of abusive language triggered anger amongst the journalists’ circle. Showing unity and extending solidarity with the victims the journalist fraternity registered the protest against the highhandedness of law enforcing agencies and demanded rapid action against the erring.

    August 16: Izhar Wani, Bureau Chief of Agence France Presse (AFP) and reporter of India Today, a Delhi Based Weekly magazine, tasted the healing touch when he was subjected to thorough search and was manhandled at the hands of SSG personnel outside the residence of Chief Minister Mufti Mohammad Sayed. Reports said, the SSG men not only frisked him but also snatched his identity card. The journalists present there in connection with the “at home dinner” hosted by the Chief Minster walked out as a mark of protest.
 
    The issue was taken up at a meeting of the working journalists. The journalist fraternity vehemently condemned the unjustifiable and unwarranted police behavior. Later, Director Information K. B. Jandilal tendered an apology to the correspondent in a written apologetic note. The official termed the manhandling as unfortunate.
 
    Another journalist, Shafiq Mir working for Indian Express, a National English Daily met with the same treatment at the hands of police at Thanamandi area of district Rajouri on 16th August. As soon as the news of manhandling of Shafiq spread in the area inhabitants took to street and held over three hours long dharna (sit in). Reports said, Shafiq went to police station to confirm the recovery of RDX, where the cop and a Sub Inspector reportedly thrashed him. He was beaten by gun butts due to which he received injuries on his eye and left leg. He had to be hospitalized. Arun Sharma, resident Editor of the newspaper reported the matter to Director General of Police (DGP) Jammu and Kashmir. The DIG, Rajouri ordered an enquiry into the incident and Dy SP Tahir Bhat has been appointed as an enquiry officer.

    Barely after 10 days of the above mentioned incidents two more local photojournalists were manhandled by the state police when they too were discharging their duties. The Dy SP in Dalgate, Srinagar, the tourist hub of the state allegedly beat and abused two local scribes in broad daylight despite confirming their identity. Reports revealed, scribes were stopped by the Dy SP for checking of identity cards, which they displayed but all of sudden without reason he started abusing them and assaulted them.
They duo were identified as Danish Ismaiel of Greater Kashmir, an English Daily and S. Irfan of Press Trust of India (PTI).
 
    The duo met later with the Director General of Police (DGP) Gopal Sharma and lodged strong protest against the police official. The DG asked the Inspector General of police to investigate the matter and assured action against the Dy SP.

DODA DIARY
(By People’s Forum for Peace, Doda)

* DAILY WAGER TORTURED COLLEAGUES THREATEN STRIKE

August 14: Employees of the Public Health Engineering (PHE) threatened to go on strike in protest against the arbitrary arrest and subsequent torture of their colleague by the troops of 10 Rashtriya Rifles in Udhampur.
Mehraj-ud-Din son of late Naseer-ud-Din, a daily wager in PHE was allegedly picked up by the RR personnel on 4th August from his residential house at Anchakri few meters away from Udhampur district. Subsequently, he was tortured ruthlessly in custody and after verifying his antecedents he was thrown few meters away from his home in morbid condition. Neighbours rushed him to Doda hospital where he was admitted for treatment.
Expressing grave concern over the arrest and torture of their colleague the PHE employees threatened to go for strike, if atrocities are not stopped immediately against the innocents. A deputation of PHE senior employees lodged an FIR No. 115/ 2003 under section 353, 342, 332 RPC against the accused forces.

* DEPUTATIONS ALLEGE INHUMAN TREATMENT
Deputations comprising mostly women came to Doda from Darosa and Bhata villages, and alleged that the atrocities committed on them by 10 RR personnel in their areas compelled them to migrate to safer places.
Reports said, dozens of villagers were beaten indiscriminately without any fault of theirs. Even the women can’t escape their wrath. Earlier there were reports of arrest of six villagers by 10 RR.
However, all the allegations were denied by the army officials and said they were baseless.

* SOLIDARITY MEETING
August 21: Expressing serious concern and solidarity to their Srinagar counterparts, the journalists of Doda, Banihal and Rambhan held a meeting over the manhandling of two Kashmiri journalists, Izhar Wani of Agence France Presse (AFP) and Shafiq Mir Indian Express at the hands of SSG and police at two separate places.
While condemning the police behaviour, the journalist sought stern action against the erring officials. “We will go for an indefinite strike, if government failed to take action against the culprits, as it is attack on freedom of press and right of expression”, said Nasser Khora Doda based journalist.
The scribes who participated in the meeting were Naseer Khora, Fayaz Pampori, Haq Nawaz, Mushtaq Dev, Aashiq Kistawari, Mohammad Tasqeen, Nadeem Khan and Ravinder Kuchloo.

TRAGIC FAMILIES

“IN VAIN I HAVE STRUGGLED”- A FATHER’S DREAM QUASHED, AS THE SEARCH FOR HIS DISAPPEARED SON LEADS HIM TO A BLIND CORNER
    Ghulam Hassan Koka, with tears in his eyes and photograph in his hands moves from one office to another in a quest to know something about his son, Mohammad Ashraf who disappeared in custody two years back. Ashraf (20) was a government employee working as sub assistant in lower court. On 27th October 2001, Ashraf along with other family members was having dinner at 7: 30 p.m. when they heard a loud knock on the door. Ghulam Hassan went to open the door and found a neighbour’s son, who told him that an army officer wished to talk to him. The Army officer was R.C Chauhan of 10nth battalion ITBP of camp Verinag. As Ghulam Hassan recalls the tale he says, “Along with his jawans (cops), Chauhan searched the whole house and asked for my son, ‘Where is Mohammad Ashraf?’ The army officer kept asking. Outside there were about 100 jawans. I told him that Ashraf was having dinner. He said Ashraf will show us the village. As it was dark outside I lighted a lamp and together with my wife we followed the army and our son whom they took along. We kept our other children inside the house.

    They fired in air and told us to go away, but we followed them up to the camp. I told them please let me be with my son, he is afraid, but they sent us away. For the whole night we stayed awake and early in the morning, I took few respectable person from Auqaf (Muslim Endowment Trust) and reached the gate of the 10th battalion. They did not allow me inside, but the Auqaf people entered and after 45 minutes later they came out. They told me that the army have denied his arrest, shocked I went to SHO police station but he did not bother about it.”

    Ghulam Hassan himself worked in the court as a peon. Having some knowledge about the legal procedures, he left no stone unturned in the search. He went to every newspaper office and published the story. Initially the police had refused to lodge an FIR but later due to intervention of higher authorities they lodged it. Hassan suspects police behind the whole thing and says they are hand in glove with the culpable officials.

    Hassan appealed every where, he has sent numerous applications to all concerned like DIG ITBP, SSP Anantnag, SHO Dooru, and has received acknowledgment of his applications. He has done all that he could have done but so far nothing has been revealed about his son. He has also gone to State Human Rights Commission (SHRC) to plead his case. Once a man from Shivpora namely Ghulam Mohammad Lone working in Badamwari Bagh, told him he had seen his son in the camp and asked for RS 20,000. Hassan paid the money but the man vanished in thin air after that.

    Hassan says that his son is innocent, “Before his enforced disappearance, on July 2001, the army called me to their camp and demanded some Imtiaz Koka, who is in service in Bijbehara, ‘grant him to us, we have all the details. We have written to all security forces to capture this man’.

    I told them my son is Ashraf and not Imtiaz. I am surprised and shocked why has my son been taken, what was his crime, if he would have any remote link with militancy I would not have searched for him, but I know he is innocent. He was a government employee and we were all living a happy life, I have the feeling some people in the area where jealous of his getting a job and therefore got him implicated.” Hassan’s twenty year old son has left deep pain and trauma within the family, they considered him a gem of boy who always shined out from the rest of the crowd but they have lost the gem and with it the glitter that shined their lives with joy and now there is only pain. Hassan’s family comprising wife, three daughters and two sons are living a life of misery and they dread the day Ashraf was taken. The tears never cease to fall down from the eyes of this old man who looks adoringly at the photo graph of his son, the photograph has absorbed infinite tears and stands still amidst a cold silence.

* ANOTHER FUTILE JOURNEY
    Bashir Ahmad Malik, 28 s/o Abdul Aziz Malik, r/o Pahaldagi Handwara disappeared in the year 2001. Malik was working as an employee in water shed in Handwara. In the year 2001, in the month of December, Malik went to work as usual; there he took his wages. Later some person came there and took him away in a taxi and to this day his whereabouts have not been ascertained. The FIR has been lodged and the case has also been pleaded at SHRC. According to Malik’s brother-in-law, Bashir Ahmad lone, “Owing to Malik’s arrest, the whole family is in shambles, his father died soon after his disappearance and his mother is blind. He has three sisters and one brother, but there is no earning member in the family. Right now I have come to stay here, and I work in the fields and support the family, but for how long? We are heavily under debt and owe about 60,000 to people. Malik was previously a militant working for Al-barq out fit and later for JKLF, but he had surrendered and served a term in 1994, in Hiranagar jail for two & a half years. For a while he was sitting idle, but now he had a job in watershed and earned Rs. 1000 there. At the time when he was taken, some witness said that BSF personnel picked him up but all efforts to locate him have proved futile. His blind mother is deeply saddened by this episode. We fail to understand why he was taken and even if he is detained some where, why won’t the authorities tell us where he is and even if he is dead, why don’t they declare him dead?”

    Life has come to a standstill in Malik’s family. All the responsibilities have fallen on his brother in–laws shoulder who is finding it difficult to cope up with this liability. With the phenomenon of disappearances the whole financial set up of the family is disturbed as the victims mostly belong to the downtrodden section of the society and are often the only earning members of the family. With their disappearances the family is in jeopardy, their meager resources are drained in the futile search of the disappeared as nothing is known about them, days turn into months and months into years but the uncertainty prevails. Many relatives of the victims are suffering from depression, as status quo of their dear ones is unknown to them, they are torn in between hope and despair. But till they get justice the uncertainty continues.


CONTROVERSIAL JUDGMENT WRIT PETITION NO 2/2002, RAJA AHMAD HUSSEIN KHAN VS. STATE:

    On 23rd of August 2003, a significant judgment was given front page treatment by almost all the newspapers of Jammu & Kashmir, followed by the editorials criticizing the judgment, as the judgment is likely to raise the political storm and is sealing the fate of three million permanent residents of J&K living on the other side of the state.

    Justice, Pramod Kohli, of J&K High Court held in this judgment that a permanent citizen of India and permanent resident of state shall loose his status both as citizen of India and permanent resident of the state after he voluntarily acquires Pakistani passport. The facts of the case are:

    Raja Hussain Khan, a resident of Ambor camp, Muzaffarabad, settled in Srinagar since 1925. In 1931, he joined police department and retired in 1965. He was married here and has six children. His two sons and one daughter migrated to Muzaffarabad in 1983, where they married and settled. The rest of his family including his wife preferred to live at Bagat Barzulla in Srinagar, Kashmir. In 1984, Raja Hussain visited Muzaffarabad to see his children on an Indian passport where he over stayed due to certain reasons. Finally he returned to his home on 21st September 2001, on a Pakistani passport. Meanwhile, during his stay at Muzaffarabad his wife expired in Srinagar in January 1996. It took him 4 years to get the necessary travel documents and visa from Indian High Commission and return back to Srinagar. It was the compulsive circumstances that compelled him to get a Pakistani passport, as it was not possible to travel to this part of Kashmir without obtaining passport from Pakistani government. On his return he developed multiple health disorders including unstable angina. Hussain being at an advanced age of 94 was advised by the doctors to have complete rest. He applied for extension of his stay to the Foreigners Registration Office (FRO), Srinagar, due to health grounds.

    Raja Hussain Khan filed a petition in the J&K High Court, inter alia on health grounds. Khan claimed in his petition that, he being a state subject has a right to stay in Kashmir and he could not be forcibly deported from Kashmir, further claiming that according to Sec 6 of the state constitution he could not be deported back. Mr. Khan based his petition on the several High Court judgments including the full bench judgment in the famous case of Mohsin Shah vs. union of India delivered in the year 1993. In that identical case, the petitioner (Mohsin Shah) had also placed for a declaration that the petitioner is an Indian citizen and is not liable to deportation from territory of Jammu & Kashmir, which comprise territory of India. In the Mohsin Shah judgment the High Court had observed that Pakistan Occupied territory is the part of J&K and part of India and the state subject of POK are the state subjects of the Jammu & Kashmir state of what comprised on 14th day of August 1947. And if a citizen has to travel from one part of J&K to another part and for that he had to acquire Pakistani passport under forceful circumstances it can’t deprive him of his Citizenship under Sec 6 of the State Constitution and Sec 9 of the Indian Citizenship Act. The court had observed that the citizens of the Pak administrated Kashmir are forced to apply for passport under appalling circumstances because they want to visit their home town. The court had further directed the petitioner to move an application before the union of India that he had not voluntarily acquired the passport of Pakistan.

    On the identical pleas, Mr. Khan had pleaded for staying in Kashmir where he has spent his whole life and wants to die here. But the honorable High Court in this judgment has ordered that the citizen of India and permanent resident of state shall loose his citizenship both as citizen of India and permanent resident of state after he voluntarily acquires a Pakistani passport. The judgment has further observed that the moment the Permanent Resident of state looses citizenship of India, he also looses status of Permanent Resident of the state. It was erroneous on part of the court to observe that the petitioner has admitted he had acquired citizenship of Pakistan and has voluntarily acquired the Pakistani passport. Never in his pleadings Khan has ever stated that he has acquired Pakistani nationality. In fact even his passport issued by Pakistani authorities denied recognizing him as Pakistani citizen instead declaring him to be the “native of the former state of J&K”. It is also erroneous on the part of the court to observe that his petition is based on the J&K Grant of Permit for State Resettlement Act, 1982. Nowhere in the petition has it been stated that the act has been implemented but it was mentioned to appraise the court about the policy of the government. The honorable High Court has decided the petition even without receiving the objections from the state government and union of India who have given many opportunities to do so. The judgment is bad in law and has been passed even ignoring the humanitarian aspect mentioned in the petition. The judgment is highly controversial and contrary to the pleadings made before the court. The deportation will endanger Khan’s life. Mr. Khan did not acquire a Pakistani passport voluntarily, it were the appalling circumstances that forced him to acquire a Pakistani passport to travel from one part of the state to another part of J&K state. But the honorable judge has not paid any heed to those circumstances. This judgment will further alienate the Kashmiri people. There are hundreds of divided families in Kashmir who are always longing to see each other. This kind of judgment is bound to have serious implications with these families. The petitioner filed an appeal against the order.

POTA BEING AMENDED TO FIX 45 DAYS TIME FRAME
    The Prevention of Terrorism Act (POTA) is being amended to dispose cases in lighting speed. As per the amendment, the central tribunal will be given more teeth to dispose cases and prosecute detained alleged terrorist within a time frame of 45 days.

    A total of 702 persons have been arrested in ten states under POTA since the law was enforced first through an ordinance and then an act. Jharkand tops with the highest 234 followed by J&K with 181 POTA arrests. Except in the parliament house attack case, the killing of noted human rights activist, H.N Wanchoo, in Srinagar and the recent convictions by the special Judge S.N Dhingra here, it is a fact that establishment have not been able to secure conviction in many cases. Just to take a cursory look at the figures of the judicial record in Jammu & Kashmir. As per official figures over 33,693 persons have been killed in the conflict in the state since 1988 including 12, 203 civilians and 4,575 security forces SF personnel. Almost 26,000 persons have been detained during the past decade.

    For these killings and detentions precisely 17 convictions have been secured over more than 13 years of violence in the state, 8 of them on relatively minor charges, such as illegal possession of arms & explosives, illegal border crossing and only five in a single case, involving an act of violence resulting in death and the remaining four in the killing of Wanchu, a human rights defender. Significantly four persons convicted in the killing of Wanchu had been acquitted by the TADA court in Jammu. But, the government straightway appealed against the acquittal order to Supreme Court and secured life term for them in just two months of hearing.

    Not a single sentence of death has been awarded in any case of violence in Jammu & Kashmir since the outbreak of militancy in 1989. Experts here believe though a legal deterrent is necessary to check the violence, they suggest that death sentence will not deter those who cross the Loc as they know that they have made a journey without return tickets.

PARENTS ATTEMPT SELF-IMMOLATION
August 12: Failing to ascertain the whereabouts of their beloved sons and dejected from every quarter of administration. The parents of two disappeared youth made a bid to self-immolate themselves, which was foiled by the timely intervention of police.

    In the morning, parents of two disappeared youth Showkat Ahmad Paul and Abdul Rashid made a bid to self-immolation along with their relatives and workers of Democratic Freedom Party (DFP) outside the official residence of Chief Minster Mufti Mohammad Syed at Moulana Azad Road.

    They doused themselves with kerosene and chanted slogans against the newly constituted “healing touch” government. Before they could set themselves on fire the police intervened and prevented them from doing so. Police also resorted to cane charge to disband the protesters and arrested the parents of disappeared boys and DFP chief Shabir Ahmad Shah. Later they were set free.

    “We had informed the government about our self-immolation if they failed to disclose the whereabouts of our sons, who are innocent”, said the parents of the boys. Both boys were picked up from two different places of Srinagar by some gypsy borne gunmen, within twenty-four hours. Showkat Paul, IIIrd year student of Amar Singh College, Wazir Bagh was picked on 22nd June from residency road, Lal Chowk while Abdul Rashid was picked up from Batamaloo, Srinagar on 21st of June. Since then their parents made tireless efforts to ascertain their whereabouts but all proved futile.

TWO FAMILIES AWARDED COMPENSATION
August 5: In a significant judgment the High Court has directed the state government to pay Rs seven lakh to the kin of two persons killed by security forces in 1995 at Batmaloo. However the court observed that no amount of the cash could compensate the death of a person.
   
    On January 1, 1995, during a search operation security forces had killed Shiekh Mohammad Yasir and Mohammad Yousuf Bhat in their house at Danderkhah, Batmaloo. After the incident, FIR No21, 1995, 302RPC was lodged in police Station Shergari. However no case was made against any person. Additional Advocate General, the counsel for respondents, while admitting that the search was conducted on 1 January 1995, and five persons were killed in the subsequent encounter stated security forces had no option but to kill militants and during cross firing Yasir and Bhat were killed. After hearing both sides, Justice Muzaffar Jan observed that there was nothing on record to show that the duo were involved in act of militancy. The court observed that the duo were not equipped with arms therefore in these circumstances the law clearly says, “that when the state fails to protect the life of an innocent citizen, it is bound to pay compensation. Directing the state to pay a compensation of Rs 4 lakhs to Muhammad Yasir and Rs 3 lakhs to Mohammad Yousuf, Justice Muzaffar Jan observed, “this would serve the ends of justice.” The state has fixed Rs1 lakh ex- gratia relief on a death of a person due to militancy related violence but considering the age of duo the compensation was meager, the Court had held.

FOLLOW UPS

* DNA FUDGING CASE

    The recommendation of Mufti Mohammad Syed, government for termination of a senior police official in the DNA fudging got into “troubled waters” as finding of one man inquiry commission have been disputed by another government department as the official who has been awarded President’s Police Medal for gallantry, himself contemplates challenging the decision.

    The state government last month terminated the services of an assistant Sub Inspector while recommending to the centre termination of the services of Senior Superintendent of police, Jammu, Farooq Khan for allegedly fudging the DNA samples of the kin of five persons killed in Pathribal. The five persons were labeled as foreign militants who had indulged in the Chittisingh Pura, massacre in which 35 Sikhs were killed. Khan has denied any involvement in the DNA fudging case and questioned the findings of the commission. He said that he was going to challenge the findings as the state government had left him with no other option.

    Khan who was chosen for Police Medal for gallantry is also the recipient of President’s Police Medal for gallantry.

* 7 COPS DISMISSED IN CONNECTION WITH NADIMARG MASSACRE
    Seven constables of the Jammu and Kashmir police have been dismissed from services following a departmental enquiry against policemen deployed on guard duty at the minority picket at Nadimarg, the government told the Lok Sabha on 5th August. It may be recalled that 24 Kashmiri pandits were killed in cold blood on March 24, 2003. The government had ordered an enquiry.

    The criminal case registered regarding the incident on the intervening night of March 23 and 24 has also been challenged in the court of law against the eight men involved in the incident, minister of state for home, Swami, said in a written reply.

CLASHES BETWEEN 2 RELIGIOUS COMMUNITIES IN KISHTWAR
August 1: More than a dozen people received injuries and at least 13 shops and a computer institute were set on fire when a clash sparked off between two religious communities in Kishtwar in the early morning hours. Later, indefinite curfew was imposed in the entire area to keep situation under control. The trouble erupted when a mob, forced people to observe strike and all of sudden turned violent. The miscreants pelted stones on the shopkeepers and residential houses.

    The entire trouble followed a bandh (strike) call by the local unit of Bhartiya Janata Party and subsequent demonstrations. Some residents of a far-flung village near Nagsni allegedly had migrated to Kishtwar to seek ‘protection of security forces.’ The migrants claimed that they were facing threat of militants in the area as the movement of armed militants had increased from past month. To press their demands the migrants approached the local BJP leaders, who gave a bandh call.

    According to eyewitnesses migrants accompanied by the BJP activists assembled near Dak Bunglow and marched towards the SDM office. The mob forced some Muslim shopkeepers in Malik market to close their shops and on their refusal the mob turned violent and smashed the windowpanes of some shops and few residential houses.

    They also thrashed some wayfarers, while few shops of Muslim community were also set on fire. The vehicle of Abdul Rashid Sheikh was set ablaze, while his driver was beaten up severely. Soon after the news spread in the entire locality, the Muslim community retaliated.

    Reports revealed, that hundreds of youth from Muslim community appeared near Malik Market and went on rampage. A number of shops including a computer centre was set on fire. The mobs of both the communities also pelted stones on each other causing injuries to scores of people.

    The police reached the spot and swung in to action and fired several bullets in air to disperse the rioters. When the situation was totally out of control the local administration announced indefinite curfew. Heavy contingent of military and para-military were deployed in the area to prevent further clashes. Army also conducted flag march in the evening. There were reports of clashes from Sangram Bata village, late in the evening.

YOUTH BURIED ANONYMOUSLY
    A youth allegedly killed by the personnel of Rashtriya Rifles (RR) in Bandipora of North Kashmir and later his dead body was buried anonymously somewhere else.

    The personnel of 14 Rashtriya Rifles allegedly arrested Noor Mohammad Khan s/o Abdul Aziz Khan r/o Tanghat, Banikhote, Bandipora-Baramulla on 17th August during a raid at his home. It was only after two days that the family somehow came to know that Noor Mohammad was killed in unprovoked firing by 14 Rashtriya Rifles in the upper range of Bhanikote area. The more worse that the family has been deprived of the body which they want back to perform the last rites.

    Noor’s family has already gone through several tragedies. His brother was a militant of Hizbul Mujahideen (HM) guerilla outfit who was killed four years back and his other brother died of jaundice. Noor’s family so far has not even filed any report or FIR in police station, as stated due to the army pressure.

    Killing of all male members has left three widows, and their orphan children in the family and more pathetic the family has no source of income.

ALLEGED DISAPPEARANCES

* YOUTH DISAPPEARS IN DELHI
    A Kashmiri boy from Sopore North Kashmir reportedly disappeared from Delhi since 1st August 2003. Working in a private company as liaison officer Tariq Ahmad Dar of Krateng, Sopore left Sadhananad Nagar his Delhi residence for office on 1st Aug and since then nothing has been known about his whereabouts.

* FATHER OF TWO DAUGHTERS DISAPPEARED
    A father of two girls and an employee of Forest Department was allegedly picked up by the personnel of Special Task Force during a nocturnal raid on 10th August from Bandipora and since then his whereabouts are not know.

    Ghulam Nabi Lone, of Bilal Colony, Bandipora was also arrested in the year 1990, and had served a 2-½ year term in the prison. But this time nothing has been ascertained about his site of detention despite tireless efforts made by his family. His relatives have urged for an immediate intervention of authorities and human rights organization for securing his release.

* GOVERNMNET EMPLOYEE DISAPPEARS MYSTERIOUSLY
    An employee of Water Works Department disappeared mysteriously on August 9. Sanaullah Khan son of Ghulam Mohammad Khan of Gotli Bagh, Ganderbal, Srinagar on 9th of August left his home for his office and didn’t return back. He was working as a lineman in the department. As per his family, they searched for him everywhere but to no avail. Relatives and friends were contacted but nobody has any knowledge about his whereabouts. A report has been filed in the police station, Ganderbal.

* STUDENT DISAPPEARS
    A twelfth class student of Higher Secondary School, Handwara in district Kupwara in north Kashmir left his home on 11th August 2003 and didn’t return back.
He has been identified as Shahnaz Ahmad Wani son of advocate Mohammad Amin Wani of Kalsaroos Handwara.

* TWO BROTHERS DISAPPEARED
    Two brothers from Kokernag in south Kashmir reportedly disappeared by the troops after arresting them during a nocturnal raid conducted at their residential house. The family made all possible efforts to trace them out but so far have no clue regarding their whereabouts. The brothers were identified as Nazir Ahmad Chopan and Abdul Rashid Chopan sons of Ali Mohammad Chopan.

* 40 YEAR OLD MAN DISAPPEARS IN CUSTODY
    Another person reportedly disappeared in custody after he was picked up by the personnel of 6 Rashtriya Rifles (RR) on 17th July form Kupwara district of north Kashmir. Fourty-years-old, Saif-ud-Din Khatana son of Mehar of Wagabal, Kupwara was picked up by the RR personnel from Hungkote Haferda, jungle while he was going to visit some place. Like his counterparts who disappear in custody nothing has been known about him with the arresting agency denying his arrest.

    After Saif-ud-Din’s family came to know about his arrest, they lodged a report in concerned police station and subsequently approached the said forces camp where the forces made them to do the routine rounds and finally after a week the arrest was denied.

    The relatives of Saif-ud-Din are making every possible effort to trace him, besides, meeting the police higher ups they also approached the ruling People’s Democratic Party’s President and Forest Minister but in vain.  Notwithstanding, a cop of police station Wilgam, Handwara told Saif-ud-Din’s relatives that Saif was handed over to the police by the forces in morbid conditions, whereas, the police denied having him with them. Saif-ud-Din is a father of two minors and has not been remotely connected with any militant outfit or political party.


SHRC TO START FUNCTIONING IN DODA BY AUG 25

    As the human rights violations reaches its peak in the conflict torn Jammu and Kashmir, the State Human Rights Commission (SHRC) starts its sub office in Doda district by August 25 after getting approval from the state regime.

    The government has granted permission to the SHRC for opening the sub offices at Jammu, Doda and Rajouri. Out of which two offices have already started their functioning and the sub office at Doda will start its activities from Aug 25.

    The state regime has asked people of Doda district to file their complaints before the SHRC sub office Doda from August 25, including those who have already filed a complaint at SHRC office in Srinagar or those who have not so far filed their complaints and want to do so. Mohinder Singh, member of the SHRC has been constituted to look into the grievances of the people of Doda.

59 STUDENTS VICTIMIZED IN 9 MONTHS: SA

August 19: Terming the newly constituted regime’s slogan of “healing touch” a façade, Students Association of Kashmir accused government of letting lose a rein of terror on students. The Kashmiri students were not only targeted in Kashmir but also outside the valley the association said.

    According to association’s spokesman, fifty-nine students in Muftis 9 months rule became the target of state terrorism. All the students were innocent. Among the fifty-nine students eleven died while four were subjected to extra judicial execution, seven disappeared from the custody of different law enforcing agencies, the spokesman added.

    Expressing serious concern over the grave human rights violations, the association sought immediate intervention of local and foreign human rights watchdogs, especially from the Amnesty International to end the incessant rights violations.

ARMY MAJOR SHOOTS HIMSELF DEAD IN RAJOURI
August 27: A Brigade Major (BM) of 123 Battalion, Rajouri died under mysterious circumstances inside Kotranka Dak Bungalow in Kandi Buddhal area of district Rajouri late in the evening. As per the official statement, he received bullet injury on his chin and died instantly. He killed himself by using his service rifle. The Major was in the state of depression and it is believed, to be the cause of his suicide. However, army authorities remained silent over the issue, officials added. The deceased was identified as Major Radish Dogra, resident of Samba (Jammu).

KILLING OF FAMILIES – THE HORROR CONTINUES

* FOUR OF FAMILY WIPED OUT

August 21: Following the encounter at Kokernag in south Kashmir in which a pro-government militant was killed, the security forces and Ikhwanis (pro-government militants) allegedly killed four family members of an alleged Lasker-e-Toiba militant.

    Reports said, irked by the causality caused by the militants, the security forces along with Ikhwanis forced their entry inside the residential house of an alleged Lasker-e-Toiba militant Chouhan at Al Brad, Behak, Kokernag and fired indiscriminately upon the inmates killing four members of his family. The deceased were identified as Arifa, Chouhan’s wife, his two-month-old daughter, his father-in-law Mohammad Qasim and uncle Mohammad Shafi.


* THREE OF FAMILY KILLED
August 24: Gunmen whose identity could not be ascertained killed three members of a family at Kattar Mal, Manjkote in Rajouri. Reports said, late in the evening unidentified gunmen forced their entry inside the residential house of Mohammad Akbar, and started firing indiscriminately upon the inmates. Three members of the family died on the spot. They have been identified as house owner Mohammad Akbar, 60, his wife Hakim Bi and his daughter in law Zeenat Begum, 32. The identity of the gunmen has not been established and the motive behind the killing was also not known.

IED BLASTS
*THREE KILLED IN IED EXPLOSION
August 13: Three persons were killed and nearly fourty three injured when an Improvise Explosive Device (IED) exploded rocking the entire Bandipora in north Kashmir. A number of shops and few vehicles were damaged extensively.

    Reports revealed, that an IED was tied with a cycle and at around 12:20 pm it exploded with a big bang shaking the locality with its intensity and left about fourty-five persons including five soldiers injured some of them badly. The injured were rushed to the hospital where three injured persons succumbed to their injuries. The deceased were identified as Mohammad Yaseen Shah of Bandbagh, Bandipora, Tanveer Ahmad of Seloo and constable Fayaz Ahmad Shah. Besides, human causality some shops were razed to ground and few vehicles were damaged extensively.

    As per the reports, Al-Mansoorain, a little known militant outfit has claimed the responsibility for the explosion and also claimed killing of five soldiers.

* IED KILLS YOUTH
August 10: A youth lost his life when he accidentally stepped over an unexploded explosive device at Tossa Maidan in Kupwara district in north Kashmir. He was identified as Assadullah Lone of Habber Lasipora.

* CIVILIAN KILLED
August 31: In an IED explosion, which took place at around 2:10 pm a civilian, lost his life and another received multiple injuries at Thankote area of Bhaderwah.

    Reports said, Ghulam Qadir, son of Bakshi Gujjar of Sarrar died on the spot and Bashir Ahmad son of Ghulam Qadir of Manjumi injured seriously while they were on their way when the blast took place.

NEWS IN BRIEF
SIXTEEN PERSONS HURT
August 15: Sixteen persons received splinter injuries when some militants allegedly hurled a grenade at a police camp in Pakarpora at Budgam district of central Kashmir.

    It was only after few hours after the Independence Day celebration of India, a police camp at Pakarpora was attacked by a hand grenade, which missed the intended target and exploded on the roadside causing injuries to sixteen passersby. Among the injured three were girls. The critically injured were rushed to the hospital where the doctors declared all out of danger. Only the identification of injured girls was available as Shada Bano, Daisy and Meema.

GIRL ASSAULTED

August 16: A Border Security Forces (BSF) personnel allegedly made a criminal assault on a girl Rehana, in Watergam, Baramulla in north Kashmir. She raised alarm, which attracted the attention of passersby who rushed to the spot, while the BSF man escaped from the scene. Thereafter, the assembled wayfarers registered a protest demanding stern action against the culpable jawan. The joint posse of BSF and police used force to disperse the procession and in the action several people were injured. The protestors also retaliated with stone pelting resulting into damage to police vehicle.

PEOPLE ALLEGE ‘FORCED LABOUR’

August 25: Accusing security forces of forced labour the residents of Kupwara expressed serious concern over the persistent use of villagers as labourers. Reports said, nearly thirty-two locals were picked up from Mahrajpora, Kongam Dara, Mamusa and other adjoining areas for the fencing of Line of Actual Control (LOC) being carried out by the security forces in the area.

    However, the defence sources denied the accusation saying their personnel worked under difficult conditions and were not involved in any activity detrimental to comfort of the people.

URDU DAILY OFFICE RAIDED

August 26: The office of Urdu daily Wadi Ki Awaz was raided by police and its manager Mohammad Maqbool Khan was apprehended.

4 HURT AS ITBP OPENS FIRE ON CIVILIANS

August 30: Four civilians were injured when Indo-Tibetan Border police (ITBP) personnel opened fire on people in Hillar Kokernag in Islamabad district. The injured include a constable of J&K police. According to reports, personnel of ITBP 10 Bn, entered into an altercation with J&K police constable, Fayaz Ahmad Bhat, while the former were frisking passengers of a Islamabad bound bus at Hillar Kokernag. The constable was reportedly enraged at the treatment of the personnel with the passengers. This infuriated the ITBP men and they opened fire on the people, eyewitness said. In the shoot out, Fayaz was hurt in the leg while three students Dawood Wani, Umar Mukhtar and Mohd Saleem received injuries.

    People were shocked over the incident and they staged a protest and raised slogans against the forces and the government. They were later joined by large number of students and the crowd took shape of a long procession. A massive procession marched towards Islamabad town where students of different schools boycotted their classes and joined the procession. Police used force to dispel them. The government has ordered an inquiry into the firing and the additional deputy commissioner has been appointed as inquiry officer and asked to file his report within 15 days. The government has also announced Rs 5000 each to the injured.

KASHMIRIS CONVICTED UNDER POTA

August 7: A Delhi court sentenced an alleged Lashkar-e-Toiba militant, Feroz Ahmed Sheikh to 10 years imprisonment and two of his ‘associates’ to five years prison term. The other two ‘militants’-Sheikh Sajjad, and Mehrajuddin Peer, who were convicted along with Feroz, under POTA last week were sentenced to five years imprisonment by justice Dhingra. A fine ranging from Rs. 25,000 to 10,000 was imposed on Feroz for various offences. The court imposed fines ranging from Rs 10,000 to Rs. 5000 on the other two ‘militants’ for various offences.

    The three ‘Kashmiri militants’ were held guilty of possessing explosive substances to carry out ‘terrorist’ activities in the capital last year.

WOMEN - CHILDREN KILLED

 Aug 1: A girl was beaten to death by a group of gunmen believed to be the militants, after they forced their entry in the residential house of Nissar Hussain. Before killing her, the gunmen asked the girl about her father’s whereabouts and when she feigned ignorance, the irked gunmen started beating her, which resulted in her on the spot death. The deceased was identified as Nazia daughter of Nisar Hussain. 
Aug 11: Gunmen whose identity could not be ascertained shot dead a woman Zoona at Kandi Kupwara in north Kashmir. 
Aug 21: A woman and her son were killed when Indian and Pakistani troops resorted to cross border artillery fire at Drass sector of Rajouri district. The deceased were identified as Khalida Jabeen wife of Bilal Ahmad and her son Sar Alamn of Gandyal, Drass. 
Aug 25: Mother daughter duo was allegedly killed by unidentified gunmen inside their residential house at Kattar Mal, Manjkote in Rajouri district. The deceased were identified as Hakimi Bi, 50, w/o Mohammad Akbar and Zeenat Begum, 32.
Aug 29: Two minor brothers lost their lives when a mortar shell hit their residential house at Sultantenki village in Uri, Baramulla. They were identified as Mujahid Ahmad, 6, and Azhar Mehmood, 4.
Aug 31: Some unknown gunmen allegedly beat a woman to death after forcing their entry inside her residential house at Jagnu in Kishtwar. She was identified as Aishia Begum w/o Bahoru Gujjar. 

DATE	EXTRA JUDICIAL EXECUTIONS	WOMEN	CHILDREN	ALLEGED DISAPPEARANCES
Aug 1	-	-	1	1
Aug 6	-			3
Aug 9	-	-	-	3
Aug 10	-	-	-	1
Aug 11	-	1	-	1
Aug 17		-	-	1
Aug 21	-	1	1	-
Aug 24	-	-	-	1
Aug 25	-	2		-
Aug 27/28	-	-	-	2
Aug 29	-	-	2	-
Aug 31	-	1	-	-
TOTAL	0	5	4	13

 

KILLINGS IN THE MONTH OF AUGUST

DATE	SOLDIERS	MILITANTS	CIVILIANS	OTHERS
Aug 1	3	5	3	-
Aug 2	-	6	2	1 ex-militant
Aug 3	1	5	-	1 militant guide
Aug 4	-	8	4	-
Aug 5	-	4	2	-
Aug 6	1	3	1	2 political activists
Aug 7	2	2	2	-
Aug 8	-	8	1	-
Aug 9	2 (1 JCO)	4	1	-
Aug 10	-	1	3	-
Aug 11	6	8	1	1 renegade
Aug 12	1	6	1	-
Aug 13	-	4	8	-
Aug 14	2	4	2	-
Aug 15	3	1	1	1 renegade
Aug 16	-	4	6	-
Aug 17	1	7	2	-
Aug 18	1	1	1	-
Aug 19	2	2	1	1 political activist
Aug 20	1	6	2	-
Aug 21	-	4	7	1 pro-govt. militants
Aug 22	2	10	2	-
Aug 23	5 (3 JCO)	8	3	-
Aug 24	-	1	2	-
Aug 25	4	3	4	-
Aug 26	1	4	1	3 pro-govt. militants
Aug 27	2 (Brigade Major)	-	1	-
Aug 28	-	6	5	-
Aug 29	-	5	5	-
Aug 30	1	5	5	1 intelligence informer
Aug 31	1	6	3	-
TOTAL	42 (6 officers)	141	82	12

CHRONOLOGY OF EVENTS - AUGUST

 Aug 1: Five militants, two soldiers, SPO and four civilians including a girl were killed in violence related
            incidents across the state.
Aug 2: Six militants, an ex-militant and a civilian were killed in separate incidents of violence in the state.
Aug 3: Five militants, policeman and a militants guide were killed in violence related incidents.
Aug 4: Eight militants and four civilians were killed in several incidents of violence across the state.
Aug 5: Four militants and two civilians were killed in separate incidents of violence across the state.
Aug 6: Three militants, army man, two former PDP activists and a civilian were killed in separate incidents
             of violence.
Aug 7:Two militants, two soldiers and two civilians were killed in several incidents of violence.
Aug 8:Eight militants and a civilian died in separate incidents of violence across the state.
Aug 9: Two soldiers including Junior Commissioned Officer, four militants and a civilian were killed in
             various incidents of violence. 
Aug 10: One militant and three civilians died in separate incidents of violence.
Aug 11: Eight militants, six soldiers, woman and a govt.-sponsored militant were killed in violence related               incidents in the state.
Aug 12: Six militants, policeman and a civilian were killed in violence related incidents.
Aug 13: Four militants and eight civilians were killed in separate incidents of violence.
Aug 14: Four militants, two soldiers and two civilians were killed in separate incidents of violence across               the state.
Aug 15: Three soldiers, militant, a civilians and a renegade died in violence related incidents at different               places.
Aug 16: Four militants and six civilians were killed in different incidents of violence.
Aug 17: Seven militants, policeman and two civilians were killed across the state in different incidents of              violence.
Aug 18: A militant, soldier and a civilian were killed in violence related incidents.
Aug 19:Two soldiers, two militants, a Congress worker, and a civilian were killed in separate  incidents of violence across the state.
Aug 20: Six militants, a soldier and two civilians were killed in different incidents of violence.
Aug 21: Four militants, seven civilians including four of family and a pro-govt. militant died in various incidents of violence across the state.
Aug 22: Ten militants, two soldiers and two civilians died in separate incidents of violence.
Aug 23: Four soldiers including three Junior Commissioned Officer, a Special Police Officer, eight militants and three civilians were killed across the state.
Aug 24: A militant and two civilians were killed in bloodshed incidents across the state. 
Aug 25: Four soldiers, three militants and four civilians were killed in separate incidents of violence.
Aug 26: Four militants, soldier, a civilian and three government-sponsored militants were killed in separate
              incidents of violence.
Aug 27: A civilian and an SPO were killed in separate incidents of violence while an army Brigade Major
              shot himself dead in the state.
Aug 28: Six militants and five civilians were killed in separate incidents of violence across the state.
Aug 29: Five militants and five civilians were killed in bloodshed incidents at separate places.
 Aug 30: Five militants, intelligence informer, five civilians including a woman and a soldier died in several                incidents of violence. 
Aug 31:  Six militants, three civilians and a cop were killed across the state.

The Informative Missive
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