The Informative Missive Published by PUBLIC COMMISSION ON HUMAN RIGHTS

Editorial:        No Free Lunches

    Political conflicts accompanied by armed confrontation are bound to unleash untold miseries for the people involved. All the Kashmiris in one-way or the other, encounter and experience such miseries every now and then with varied forms and magnitude. The number of people affected by the conflict has run into thousands and lakhs and are in dire need of financial, emotional and other assistance. Unfortunately, there is only microscopic section of community who are eager to get actively engaged in the work of supporting the affected; orphans, widows, half-widows, helpless families within their means of income. But two factors hinder their intentions to be transformed into actions. One and the major factor is the aura of distrust around such welfare activities, as in the past the so-called relief organizations, due to their mishandling of the relief operations have achieved notoriety and finally eroded the credibility of all relief-and-rehabilitation-focused groups thereby making the task of genuine support groups more difficult. Also the discredited politicians control the in-place charitable institutions having enough resources and the benefits of such institutions are availed by the coterie and caucus. So, hitherto, we have failed to evolve a credible in-house institution that could have, if not a befitting but a comparable response to the swelling numbers of needy and helpless victims of conflict. And other factor of hindrance is the internal and external fear of going public. So the donors like to help anonymously.

    The humanitarian relief and rehabilitation assistance is needed on much larger level and government is in the process of politicising the sufferings of the people on one hand and as on the other some interest groups have been trading the sufferings of Kashmiris and the practice has turned into highly profitable business. Hundreds of non-governmental organizations (NGOs) have come up, like in many other Asian countries but with a difference here. The majority of such NGOs are being promoted and supported overtly or covertly by the politicians and government to work as their extension-arm. Such politicians-organised and Government-Sponsored-Organizations are getting registrations handy before the Registrar of Societies and are allowed to receive funds from the funding agencies outside the country even if they are not registered under Foreign Contribution Regulation Act (FCRA). There are manifold objectives behind it, to receive foreign donations to rehabilitate the victims of "terrorism" and to neutralize them politically. The independent voluntary organizations questioning the malfeasance of the government are not able to get the registration, let alone FCRA. One of the consequences is, therefore, the growing competition between the relatives of top bureaucrats and polity-figures for collaboration with the sections of Indian civil society groups and the applying for projects. Involving the elite class of Kashmiri society is a well-designed programme to make them part of the present political establishment who is turn engage young and unemployed youth ready to do any project for just a pittance.

    It is the duty of the conscientious people to come forward and support the victims of violence, failing which, will provide the space for "extension-arms" who will definitely promote their agenda as the saying goes "there are no such things as free lunches". Also we are uncertain when the conflict will be resolved and there still appears to be a tunnel at the end of the tunnel itself. Even after the resolution the after effects will remain for decades. Therefore it becomes obligatory for all the conscious individuals and groups to come forward and contribute their little bit. It is the work of collective welfare and hence demands collective effort. For that trust has to be the pivot of our relations. We have to learn to trust each other and of course i.e. earned by actions not words.

STUDENT SHOT DEAD IN MYSTERIOUS CIRCUMSTANCES

    The room was still, the bed was laid, the milk was in the glass and the door was closed. Nothing had changed everything was the same and only the boy who stayed in the room was missing. Early in the morning at 6 P.M, Javed (a student of 12th standard) used to leave his home for private tuitions. On the fateful day of May 1, Javed (17) did not come out of his room. Anxious, his father went inside the room but could not find his son there, assuming his son had left a bit early that day, he was leaving the room when his eyes caught the side of the bed laid for his son and found it untouched, as if nobody has slept in it and also found his son’s book lying open.

    Surprised, by what he saw, he went out and checked whether the gates were open and to his astonishment found them closed, his son’s bicycle lying in the lawn. A sense of unease engulfed him, and he again went to his son’s room, and this time on careful inspection, he found a window half open. He went to his wife and told her about the whole episode. Both husband and wife went out on the main road and saw army all around. They asked the army whether they had seen their son but the army denied so. Meanwhile, news of Javed’s disappearance spread around and a group of 20 to 30 people had gathered. Noticing stains of blood and a tooth lying on the road, encircled by chalk, the crowd became anxious. Their apprehension was due to the gunshots they had heard at 12:00 PM that night, they became suspicious and started chanting slogans.

    Major L.T. Verma tried to pacify the crowd and told them that Javed was in the army camp and he accompanied them to the camp, he said he would bring him in 5 minutes, but later said he had been handed over to the police station. The people, then marched to police station, there they were told that a boy was brought in serious condition to police station at 3:00 PM in the night and they had shifted him to the SMHS hospital. After that the residents of the area went to hospital where Javed was undergoing operation. After the surgery, the doctors shifted him to SKIMS where the doctors declared him brought dead.

Who was Javed and why was he killed?
    A question, which remains un-answered. According to locals Javed was a pious boy, spent his time either studying or praying in mosque. He had no affiliation with security forces or any militant outfit. The locals fail to understand why he was killed and under what circumstances considering the fact he was taken out from a window and all the doors were closed. How had the assailants managed to sneak in the house through a window and how they had taken him out of his house. These are questions which Javed can answer, as Javed is no more, only his killers can answer the question, points out a neighbourer.

    The army in their FIR has said that Javed had died in cross firing. The victim’s relative lodged FIR, which the police first refused to lodge, and only on the intervention of Minister, Javed Ahmed Mir did the police lodge FIR. The minister had said that if the police did not file FIR, he would resign from his post. People protested against this barbaric incident and blocked National highway. Owing to public pressure D.C. Budgam has ordered an enquiry, and Assistant Commissioner has been appointed as the enquiry officer and submit its report within 20 days.

    Javed had been killed mercilessly, he was shot from a close range, and he was shot in his legs, shoulders and inside his mouth. Javed left for heavenly abode, but has left behind a family who are mourning his loss; to say that they are mourning his loss would be an understatement. The house wears a haunted look. People flock in to pay their condolescence and gloom is writ large on every visitors face. Javed’s death has left behind a mystery and many a questions unanswered. His parents are living but this is not life. His mother can’t get over the shock and cries her heart out. She blames herself and says, ”Where was I? My son! Why didn’t I hear your pleas, you must have asked for me.” She believes that if she had been around, her son would have been alive. Being mother of three sons, she had never craved for a daughter, as Javed was both to her. “He used to cook food, wash clothes, scrub floor and perform all other households chores and always helped me with some work. Whenever, he saw some good stuff, he used to buy it for me.” When she heard about her son’s death, she just could not believe it, and did not react to it, she kept believing that he was alive, and would return back as usual, but one look at the lifeless body of Javed and she knew everything was over. The grief is so deep, that no amount of sympathy can lessen it. To put down the pain on a piece of paper is a Herculean task, one has to see it to believe it.

    Javed’s father is dumbfounded, which father in this world would want to bury a son taller than him. In a bleak voice he says, “I can’t understand, why my innocent son was killed, why?” Why an innocent was murdered so brutally, why was a mother separated from a son, rather why are mothers of Kashmir separated from their sons? Why do fathers of Kashmir bury their sons? How long will this dance of death and gory continue in this strife torn valley? When will it all stop? When? And, how will this brutality end? And who will end it?

12-YEAR DETENTION OF NOOR MOHAMMAD KALWAL
A Nightmare

    Noor Mohammad Kalwal, released on 2nd May 2003, after 12 years of detention spoke to Informative Missive after his release.

    Noor Mohammad Kalwal (36) joined the separatist guerilla-turned-political outfit Jammu and Kashmir Liberation Front (JKLF) in the beginning of militancy in Jammu and Kashmir. He Joined rank of Deputy Chief of the JKLF, and was subsequently arrested in the year 1991, by the Central Reserve Police Force (CRPF) while he was walking on the roadside in Khanyar in Srinagar. After spending 12 long years of his life in various jails within the state, he was finally released on bail on May 2, 2003.

Informative Missive: - When did you get involved with the armed movement in Kashmir? What change has taken place in last 12 years in the political scene?
    I joined the JKLF right after the eruption of armed freedom struggle against the Indian occupation in the state. At the time of my arrest my organization was fighting with guns, and now they are fighting with political ideology but the change in the strategy will never affect my attitude. Arms only help us in highlighting and raising our voice of freedom but now we are eager to solve the Kashmir issue only through peaceful negotiations as soon as possible for the sake of humanity. I am very much pleased that Kashmir dispute has succeeded in grabbing the international attention, which is a positive sign.

Informative Missive: - When and where were you arrested and what was the treatment meted out to you and other detunes?
    On the fateful day of October 8, 1991, Central Reserve Police Forces (CRPF) arrested me when I was passing through Rangar Stop, Khanyar in Srinagar and was taken to Welcome hotel, Boulevard Dalgate, where I was kept for 24 hours. From Welcome hotel, Forces shifted me to Hari Nawas where I was tortured for four days. Power currents, canning and other severe methods were inflicted on my body. The most painful torture for me was that they put me naked during the torture, the most humiliating experience of my life, physical wounds can heal with time, but emotional scars are forever. The cries of other Kashmiri boys, who were tortured in other rooms, shocked me. I presumed that they were tortured more brutally than me. For about 1 ½ month I was kept in solitary cell then shifted to the JIC, Sonwar, Srinagar. In the JIC, I was kept for one month in 8 by 8 feet room along with other 13 detenues. From the JIC, I along with hundred other detenues were shifted to Kot Bhalwal, Jammu where all of us were beaten up and rolled on the hot sand for an hour due to which our feet and thighs burnt. After spending sometime in Kot Bhalwal, I was shifted to Udhampur jail.

In Udhampur jail, I was booked under Public Safety Act (PSA). After one year, I was released, but was re-arrested by Counter Intelligence Kashmir (CIK) inside the Jail. It was very frustrating. The CIK lodged me in Udhampur police station for two days. Then I was shifted again to Kot Bhalwal from March 30, 1993 to May 24, 1994. Kot Bhalwal has a capacity for 300 persons but 1600 were detained there. Due to the lack of medical facilities few detenues died of non-availability of medicines. On 2nd April 1994, a lady came there to meet a relative lodged in the jail, and was molested by Indian Tibetain Border Police (ITBP), which sparked protest and the forces opened fire resulting into martyrdom of four detenues.

    Then from Kot Bhalwal, I was directly shifted to Srinagar’s Rangreth jail in district Budgam and kept there for 2 ½ years. My family filed a writ petition in the court in 1994, but I was not presented before the court. Then I was shifted to 2nd Rangreth jail, Budgam where I was detained for 2 years. One day, the SHO of Khanyar police station informed me that a challan was presented in the court wherein, it was written that I was arrested from Batamaloo in the year 1997, with arms, which shocked me that how they falsely implicate a person. Thereafter, I was presented in the Terrorist And Disruptive Act (Activities) (TADA) court and the court ordered my shift to Central Jail, Srinagar, where I was booked again under PSA. I was shifted from one jail to another, which frustrated me.

    During my jail journey, I met different Kashmiri and foreign detenues who were tortured viciously resulting in the damage of their kidneys and other parts of the body. Although there was a hospital in Kot Bhalwal jail, but rarely were detenues taken there. The doctors of the hospital were briefed that they were to treat terrorists and anti-national elements, which made the doctors wary of us and their attitude was not cordial. They were indifferent to our pain and agonies and as a result we suffered a lot, even the medicine were not given on proper time.

Informative Missive: - What was the role of International Committee for Red Cross (ICRC)?
The ICRC visited several times to the different jails but they were mere puppets in the hands of the forces present there. Sometimes they gave the medicines only when they were permitted to do so. The only help they provided was to act as facilitators between the detenues and their families. First ICRC used to visit after six months, but they now come after three months.”

Informative Missive: - After the entire ordeal, do you have faith in judiciary?
No, how can a person repose faith in toothless organization.

Informative Missive: - Do you expect anything positive from new political developments between India and Pakistan?
I have little hope that the recent thaw in the Indo-Pak political developments will have substantial bearing in context of Kashmir issue. It is clear that the rapid political developments in the sub-continent clearly point out to a covert American pressure on both the countries.

TRAGIC FAMILY

* A WIDOW’S STRUGGLE FOR EXISTENCE

    Roshan Jan, a resident of Chunti Mulla, Baramulla, lives in a pathetic condition. She has 4 children including three daughters. Roshan’s poor financial condition does not permit her the luxury of children’s education, only her son goes to school. With barely anything to eat in the house, she finds life a tough ordeal.

    But life was not always like this when her husband was alive. Bashir Ahmad Khan had been living in Srinagar from the past eleven years and worked as a labourer. He used to earn 100 to 200 rupees per day. After some time he got a job of chowkidar (guard) cum gardener in Beeru Machuama, and earned a salary of Rs. 3000, per month. Roshan, herself used to do some odd jobs around the area and earned little money. Life was bed of roses and everything was going fine. There was no dearth of food in the house and together with their children; they were satisfied with their lot. But one incident occurred, which changed the course of her life, the repercussions of which she bares today.

    On the fateful day her husband had a fight with another chowkidar Alam Khan who was working with Ikhwanis (renegades). To avenge Bashir, Alam send three Ikhwanis as Mujahideen (militants) to his house and asked Bashir to accompany them and show them the place around. His, daughter Shahnaz, saw Alam Khan and told her father that they were not militants but renegades. At that time, Roshan was not at home they kept knocking at the door persistently, Bashir did not open the door, but they insisted and then asked for tea, he was reluctant and worried but there was little he could do. One of the men in the group asked Shahnaz for tobacco and the rest dragged her father out, she ran after them and saw army outside the house, they threw her and her siblings inside the house and beat them up, then locked the door. Nasir, Roshan’s son went in shock after the incident and was later admitted in the hospital

    In the morning when Roshan came back, she knocked at the door, no one came out of the house she went inside the house and found it empty. Only the cattle and utensils were there, her trunk was broken open and Rs. 3000 were taken from it. Worried, she went to the neighbors house to inquire about her children they told her about the whole episode and told her that a havaldar (constable) had taken the children along .She went to fetch her children back, seeing her son in a state of shock, she first took him to the hospital and then pursued her search for her husband. For eleven tiring and frustrating days there was no clue to lead her to her husband. She was asked to go to task force camp in Budgam; she filed an FIR in Beerwah and then was told to go to Ganderbal where one Latif Ahmed Ganie was detained. Now fully convinced that her husband was no more she asked Superintendent Police (SP) to either give her the dead body of her husband or arrange a meeting with him. From there, Roshan was sent to Kangan where two bodies of militants were brought. According to Rashtriya Rifles 33 Bn, two foreign mercenaries had been killed in an encounter. She was shown the photographs of the bodies and she recognized her husband and other photograph as Latif Ganie.

    After 11 days both the bodies were taken from the grave and buried in their ancestral graveyards. Even though, Roshan was promised relief, she hasn’t received any. She lives life by virtually begging from relatives. Her children’s plight and hunger is too much for her to bear and she feels she is not doing much for them. But there is little she can do, at the age of thirty, Roshan feels helpless. Roshan’s story is one of the aspects of armed conflict in Kashmir, how innocents are targeted and killed in the name of Democracy and national integration.

FACT FINDING TEAM VISITS VALLEY

    A fact finding team comprising seven human right activists, were on a 4 day visit to valley to asses the human right situation in the valley after the Mufti government took over. The activists were from association for Democratic Rights (AFDR), Punjab; Human Rights Forum (HRF) Andhra Pradesh; and Organization for Protection of Democratic Rights (OPDR), Andhra Pradesh to know the real situation of human rights.

    During their stay here, the team visited different districts of the valley and met human rights activists and cross section of society, to know the human rights situation after the change in government and to ascertain the views of Kashmiri people concerning the proposed talks between India and Pakistan. After assessing the situation, they gave a press briefing, an excerpts of which are given below;

    The team visited Kupwara town, Warnow in Lolab valley of Kupwara district, Nadimarg in Shopian Tehsil of Pulwama district, Panzgam of Pulwama tehsil and district, Machoow in Nowgam PS limits of Budgam district and Beerwah of Budgam district. The team spoke to a number of people who are witnesses to incidents of human rights violations and also to relatives of victims. They also spoke to the Deputy Commissioner of Anantnag, a Captain of the Rashtriya Rifles (RR) at Kuligam at Lolab valley and the Station House Officer, Beerwah. The team further talked to spokespersons of the Association of Parents of Disappeared Persons (APDP), Kashmiri Women's Initiative for Peace and Disarmament, and to Justice A.Q. Parrey. Chairperson of State Human Rights Commission and Syed Ali Shah Geelani of the All-Party Hurriyat Conference.

    The team proposes to visit the Akhnoor, Rajouri and Poonch areas of the Jammu region over the next five days to study the problem of the people of the border villages affected and displaced by the mining of the area that took place during the nearly one year period of intense tension between India and Pakistan. A more detailed report will be published in English and other languages in due course.

Following is a summary of their report.
    Custodial Killings: The general impression we have received in the course of our discussions with the people is that in the initial period after the formation of the PDP-

    Congress government, there was a diminution of violence by the police and armed forces on civilians, but later the situation has again deteriorated. At least two persons said to us that the Nadimarg massacre of 23-24 March is the turning point after which the forces started behaving as in the past.

The general impression we have received in the course of our discussions with the people is that in the initial period after the formation of the PDP-Congress government, there was a diminution of violence by the police and armed forces on civilians, but later the situation has again deteriorated.

    A fair enquiry and prompt action against perpetrators of human rights violations is an absolute necessity if such violations are to be controlled. In this regard we have found that the situation is as bad as ever. The death of Mohammad Ashraf Malik of Kupwara in the custody of 41 RR is a case in point. His uncle Mohammad Jamal Malik in person handed him over to the forces on 16th May at 8 am. Thereafter for three days the family was in continuous touch with the Army as well as SP Kupwara who assured that the youth would be sent back after interrogation. He was killed on the night of 19th. The story put out by the Army that while he was leading Army personnel to a hide-out there was a grenade explosion caused by militants that blew him to pieces but caused no harm to the army men accompanying him is too thin to be believed. But what we find surprising is that the routine magisterial enquiry the DC Kupwara ought to have immediately ordered under the Code of Criminal Procedures had to be announced by the Chief Minister of the State, and that too after a continuous bandh (strike) of Kupwara for four days. And the Chief Minister has confined himself to performing the duty of the DC Kupwara, whereas in the facts of the case he should have immediately ordered registration of an FIR against Major Chouhan and other personnel of 41 RR for causing the death of Mohammad Ashraf Mallik and handed over investigation to an impartial agency.

    The custodial death of Abdul Hameed Wani of Machoow, Budgam district indicates institutional failure at a further stage. This was reported to us as the first custodial killing after the PDP-Congress government came to power. The police Nowgam took Wani to custody on 26 November 2002 and he died in their custody on 2nd December 2002. The story of the police that Wani committed suicide by hanging himself with a wire has been categorically rejected by the magisterial enquiry report.

    Fareeda who has no source of income except meager rents a couple of tenants are paying her and has three children to bring up, has not received compensation for the custodial death of her husband. The Supreme Court of India has repeatedly held that in the case of death in custody the State is under a strict liability to compensate the victim's family, and that such compensation need not await successful prosecution of the killers, who are protected by the anonymity of official duty. We have drawn the attention of this failure to Justice Parrey of the State Human Rights Commission. He said to us that he would take appropriate steps, but added that the government uniformly ignores his recommendations.

    Killing in cross-fire: Shakeela Rasheed of Warnow of Kupwara district who was shot dead on 16 January by men of the 18 RR, and Ghulam Nabi Dar of Panzgam in Pulwama district who was shot dead by men of 118 BSF on 25th February. Both were admittedly unarmed civilians. Shakeela was walking back to her village along a nala after visiting her paternal uncle, who was working near the BSF check-post outside her village when BSF personnel opened fire directly from a hillock nearby and killed her on the spot. Whereas at Panzgam, Ghulam Nabi Dar was one among eight persons taken along with them by BSF to search an alleged hideout of militants near the village. In the course of the search the BSF personnel opened fire and killed the man who was with them.

In both the cases the justification offered by the forces is that they opened fire on some militants and a civilian was unfortunately caught in the crossfire. The National Human Rights Commission went into the law in this regard elaborately and issued a detailed circular in March 1997 to all State governments stating that the very report given by the officer who has committed the killing should be sufficient to register an FIR against him for the commission a cognizable offence, and the offence should be investigated by an independent agency.

    In both the cases the justification offered by the forces is that they opened fire on some militants and a civilian was unfortunately caught in the crossfire. The National Human Rights Commission went into the law in this regard elaborately and issued a detailed circular in March 1997 to all State governments stating that the very report given by the officer who has committed the killing should be sufficient to register an FIR against him for the commission a cognizable offence, and the offence should be investigated by an independent agency.

    Surrendered militants and the armed forces: For the last six to seven years concern has repeatedly been expressed by human rights groups and people of the State about a thoroughly illegal and criminal practice adopted by the armed forces, in particular the Rashtriya Rifles, of arming surrendered militants and letting them loose on society. These renegades, as they are commonly called, live under the protection of the armed forces. While they are supposed to help the Army to apprehend militants, they in fact indulge in crimes of extortion, assault and sexual abuse of the common people. They have become a source of terror to the common people especially in the border areas. It was one of the election promises of the PDP that these renegades would be disarmed. But that has not happened.

    However, a much more severe impact of this renegade phenomenon on Kashmiri society, namely sexual abuse of women, came to our notice. We could enquire into the case of two sisters Shahzada (17) and Shameema (15) of Dangerpore in the hills beyond Beerwah police station. Magbool Mir and Mohammad Ashraf Var have come in the Press as the two renegades who abducted and sexually abused the two girls. But in fact they had five more associates, Nazir Denda, Fayaz Khan, Rasheed Khan, Basheer Mir and Ghulam Qadir Mir. While Shamima escaped from custody after three days, Shahzada was forcibly married to Maqbool Mir. In spite of being threatened not to complain to any one, the father of the girls Abdul Rahman Dar has courageously made an issue of it with the help of Srinagar based human rights activists and the Press. Following this pressure the police first arrested Mohd Ashraf Var and declared that Maqbool Mir had joined the militants. When this was publicly doubted, they hastily arrested Magbool Mir on 23rd May. But their arrest offers no guarantee to the family because they could be released on bail any day. The State government should ensure that they are disarmed and that the father and daughters are fully protected.

    The Nadimarg massacre: At Nadimarg where unidentified gunmen in Army dress killed 24 Pandits on the night of 23 March, 2003, We were told that a couple of days prior to the massacre the residents of the village suspected that some such thing may happen. They had noticed suspicious movement of some people and reported the matter to the DC Anantnag. They are angry that in spite of prior intimation the nine man police post in the village was not upgraded, and on the fateful night only four of the nine policemen were present in the post. When we met the DC Anantnag, he agreed he had received prior intimation, which he forwarded to the SSP Pulwama. However, he says that the police post was sufficient to protect the villagers, and there was no need to upgrade it.

Finally, in the matter of the India Pakistan talks and the promised final resolution, we found a lot of scepticism whether the two parties, India in particular, are at all serious about the talks, or merely wish to buy time from the US; but there was a uniform assertion by all those we spoke to that whatever resolution of the issue the two countries may attempt, it will not be acceptable to the Kashmiris unless they are involved in the process as the principal party.

    Missing Persons: The APDP has provided a list of 44 persons who disappeared after the coming into power of the PDP-Congress government. Twenty-four of them were last seen being taken into custody by some section of the armed forces or other. At least with regard to these 24 persons the government cannot give the standard answer that they have crossed the LOC and joined militancy. Once it is on record that the disappeared person was last seen in the custody of the armed forces, it is for the Army to explain their subsequent disappearance.

    According to APDP, about 8,000 persons have disappeared over the last 13 years, who were last seen in the custody of the armed forces. This is highly condemnable.

Conclusion; We are forced to conclude that in this matter there has been no improvement whatsoever under the PDP-Congress government, though we have heard the opinion expressed by a section of the people we met that there has been a decrease in the extent of repression by the armed forces.

    Finally, in the matter of the India Pakistan talks and the promised final resolution, we found a lot of scepticism whether the two parties, India in particular, are at all serious about the talks, or merely wish to buy time from the US; but there was a uniform assertion by all those we spoke to that whatever resolution of the issue the two countries may attempt, it will not be acceptable to the Kashmiris unless they are involved in the process as the principal party.

In view of the above we place the following demands before the State and Central governments:

The proposed talks between India and Pakistan for the resolution of the dispute between the two countries should be open and transparent and the people of J&K should be involved in the process as the primary party to whose satisfaction the dispute should be resolved. 25-5-2003 Srinagar
A.K. Maleri (AFDR), Hari Singh Tark (AFDR), M.V. Krishnaiah (OPDR), Dr.K. Balagopal (HRF), V.S. Krishna (HRF), Dr. P. Madhavi (HRF), K.Murali (HRF)

EXTRA JUDICIAL EXECUTIONS

*VETERAN TEACHER KILLED

May 5: A seventy-year-old teacher was killed at the hands of Border Security Forces (BSF) personnel in Parigam area of Pulwama district of South Kashmir. However, the official claimed he was killed in cross firing.

May 10: An enquiry has been ordered into the killing by government. The Additional District Magistrate, Pulwama has been appointed as enquiry officer.

    At around 10:00 PM, the BSF personnel reportedly knocked at the door of a retired teacher, Ghulam Ahmad Dar of Parigam, and forcibly dragged him out and killed him in a cold blood. Ghulam Mohammad, locals said, after his retirement was running a poultry farm. The BSF personnel allegedly wanted to use some part of his farm, which he refused and on the same night the forces killed him.

    Next day, soon after the news of his killing spread in the entire area, the residents thousands in number took to the streets and raised anti-government and anti security forces slogans. The demonstrators set a Dharna (picket) in the middle of the main road resulting into blockade of traffic for sometime.

    In order to disperse the protestors, the police resorted to tear smoke shells and aerial firing. The angry mob pelted stones on police due to which few police vehicle were partially damaged. Three protestors including two women received injuries in the police action.

    However, the official reports said, that Ghulam Ahmad was killed in cross firing between militants and the security forces. The incessant demonstrations by the people of the area compelled the government to probe into the killing. After five days, the state government had ordered an enquiry into the killing and appointed Additional District Magistrate, Pulwama to enquire into the killing.

*A BUSINESSMAN KILLED IN CUSTODY

May 5: The policemen in custody allegedly killed a businessman after arresting him, while he was on his way to Rambhan. Massive protest resulted into the blockade of traffic at national highway, which forced the administration to order a probe into the incident.

    A dead body of a businessman Ratan Singh son of Munshi Ram of Gourd, Charan Paduka, Katra, Jammu was recovered in a decomposed condition from Dudar nullah wrapped in a gunny bag in mutilation. A postmortem was carried on the body at District Hospital Udhampur and later handed over to the relatives for last rites.

    As per the reports, Ratan Singh left for Udhampur along with his servant a few days ago. He consumed liquor en route Udhampur and was also carrying some cash with him.

    “We were stopped by the cops of Rambhan police station and took us to the police station, I was released after few hours, but they chose to detain my master” said Ratan’s servant.

    The anguished family approached the police for his whereabouts; they lodged a missing report in police station, Katras on May 3. The inhabitants of Ratan’s native town accused the police for robbing off cash and later killing him in custody. The severe injuries on his body due to the torture inflicted on him demonstrate the police atrocities, they said.

    In order to protest against the killing of Singh, people of his native village reached Rambhan where they held a demonstration and sat on dharna, which resulted into the blockade of the national highway traffic. Later on, the Deputy Commissioner of Rambhan in order to pacify the demonstrators send the body for another postmortem as special board was constituted by the authorities for the purpose.

    People lifted dharna (picket) only when they were assured of probe and stern punishment for the erring involved in the killing.

*BEGGAR TORTURED AND MUTILATED

May 9: In yet another incident of extra judicial execution, a beggar was allegedly first tortured to death and later his body was cut into pieces by the soldiers of Rashtriya Rifles (RR) at Baramulla district of North Kashmir. The inhabitants of the area, holding massive demonstration against the killing of an innocent poor man, protested the inhuman practice. Nevertheless, the accused forces denied having hand in the killing.

    Dilawar Shah son of Qutub Shah r/o Divar Lolab as per the reports was apprehended by the troops of 18 RR near Takipora area of Baramulla where he used to beg. He was allegedly killed in the custody and later his body was cut into pieces and thrown into nearby densely forests. Unknown about the fate of Dilawar, the family recognized his mutilated body in the concerned police station. Soon after news of Dilawar’s killing reached his native village, the people registered a massive demonstration against the killing.

    Dilawar, a psychiatric patient and fathering seven daughters had opted begging for the sustenance of his family, as he was not physically well. However, the accused troops denied having involvement in the killing and said that they had recovered the mutilated body form the forests and handed it over to the police station of the area.

DAILY WAGER KILLED IN CUSTODY

May 20: A daily wager was allegedly tortured to death in custody of army after his arrest. His killing sparked massive protest in whole Kupwara. Army denied the allegation as baseless. Government has ordered an enquiry into the incident.

    Mohammad Ashraf Malik, as per the villager’s version was allegedly apprehended by the troops of 41 Rashtriya Rifles along with a shopkeeper Nazir Ahmad in a retaliation of an attack on RR, by militants on May 12, in which one army jawan and two militants were killed. After the arrest of the duo, their relatives made extensive efforts to secure their release but neither they were permitted to meet them, nor were they released. Thereafter, the rumor of killing of both in a blast at Mir Mohalla shook the whole Kupwara.

    As soon as the news of their alleged killing spread, the whole town resorted to massive demonstration in front of the SP’s office. The shopkeepers shut down the shutters of their shops to join with the other demonstrators. They assembled outside the office of Superintendent of Police. They raised anti-government and pro-freedom slogans.

    Nazir was released after the intervention of the district authorities but Ashraf was not released and his whereabouts were concealed. Later reports said, that Ashraf was tortured ruthlessly by the RR resulting into his death in custody. The deceased was father of two minor children. However, the accused army denied his killing in custody. As per the statement of the army, he was killed on the intervening night of 19th and 20th May while he was leading them to a hideout and en route militants detonated a grenade, which blew his body into pieces, and interestingly, none of their soldier died or was injured.

    The incessant protest by the villagers forced the government to order a probe into the killing. Later, the Chief Minster ordered a magisterial enquiry into the alleged custodial death. The Additional Deputy Commissioner of Kupwara will conduct the enquiry and submit its report within 15 days.

SHRC INDICTS MAJOR IN CUSTODIAL KILLING

May 27: The State Human Rights Commission (SHRC) has held K.K. Sharma and Major Jagtar Singh of the RR-1 responsible for custodial killing of Hilal Ahmad Nasti, a youth from Islamabad. Recommending ex-gratia relief to the tune of Rs. 500,000 to the next of kin of Hilal and compassionate employment under SRO-43 to one of the family members of the deceased, the SHRC comprising Justice AQ Parray held, " Case FIR 208 of 1995 police station Islamabad stands found against the above officials of RR-1".

    Hilal was arrested on June 13, 1995. His limbs were dismembered and the mutilated body was thrown in a river. In another case, a division bench of the SHRC comprising AQ Parray and GQ Mughal considered custodial disappearance of Muhammad Ashraf Koka and awarded Rs 2 lakhs to the next of his kin and employment under SRO-43. Koka was arrested by a group of soldiers on October 27, 2001 and since then his whereabouts could not be ascertained.

    In yet another case, the SHRC granted Rs 2 lakh to Ms Meema Jan whose husband, Ghulam Hassan Paswal, was picked up by the security men along with five others on August 22, 2000. Since then his whereabouts are not known.

    The SHRC was once described by its chairman AQ Parray as toothless and tailless body. Although they have recommended relief to many families of the victim, but it takes years to get the money and many relatives have complained that even years of toiling in the offices they are yet to receive a penny from the government.

    The SHRC also reacted to the statement of human rights defenders who while quoting SHRC chairman said the government had not implemented any recommendation of the SHRC. A spokesman of the SHRC made clear that the chairman had said no recommendation regarding grant of sanction to prosecution had been made.

KILLING OF FAMILIES, A COMMON ROUTINE

    Every month, three to four and sometime more gruesome incidents take place where unidentified gunmen kill the members of families of minority as well as of majority communities in brutal manner. Even the women and children are not spared. The month of May was no exception to the rule and witnessed four such incidents where the families were targeted including women and children. All the time, the assailants managed their escape after committing such crimes against humanity. Mostly these incidents take place late in the evenings and despite huge deployment of security forces in the areas.

*SIX MEMBERS OF A FAMILY SLAUGHTERED

May 19: Six members of a family belonging to a nomadic tribe, including four women and two children were butchered by a group of unidentified gunmen, in the border area of district Rajouri. According to reports, gunmen broke open the doors of the house of Mehmood Bakerwal, and enquired about Mehmood’s three sons. All the three about whom the gunmen enquired are working for different security agencies, one with Jammu and Kashmir police and the other two with the army.

    On finding them absent, the irked gunmen turned violent and beat up mercilessly the members. Subsequently, the gunmen split their throats and fled from the scene. Only the two members, 100-year-old mother-in-law of Mehmood Bakerwal, and an eight month old baby survived as they were sleeping in another room. The deceased have been identified as Mehmood’s 60-year-old wife Khatoon, Taj Begum wife of Khan Mohammed, Hanifa Begum wife of Wazir Ahmad, their two sons Irshad, 4, and Maroof Ahmad, 2, and Zakira Begum wife of Babu.

    Day before the incident reports said, Mehmood’s house was already raided by a group of unidentified gunmen but it was not ascertained whether the group was same who later killed the members of Mehmood’s family.

*UNIDENTIFIED PERSONS KILL TWO MEMBERS OF A FAMILY

May 20: Some unidentified gunmen at Gujjar Pati Aragam in Baramulla district killed two female members of a family.

    As per the reports, unidentified persons killed a woman and her daughter by slitting their throats. The motive behind the killing and the identification of the group has not been established. The deceased have been identified as Mehra Begum (50) w/o Amir-ud-din, and her daughter Fatima (20).

* A RENEGADE AND HIS TWO FAMILY MEMBERS KILLED

May 27: A surrendered militant and two members of his family were slaughtered by some unknown arm wielding men after managing their entry inside his house at Arin Dardapora, in Bandipora area of Baramulla district.

    Unidentified gunmen struck into the house of a surrendered militant Rafiq Ahmad Khan and opened fire indiscriminately at the inmates killing him on the spot along with his old age father, Sher Khan and his wife Reshma. The reason behind the attack was not confirmed and neither the identification of the assailants was known.

*UNIDENTIFIED GUN MEN KILL FIVE OF A FAMILY IN RAJOURI

May 26: A Gujjar family was attacked by unidentified gunmen late in the evening and killed five members including three minors in Rajouri district.

    A group of heavily armed men forced their entry into the house of Kesar Din Gujjar in village Keri during the intervening night of May 25-26, and demanded food. The family offered them food to eat due to fear and also because they were equipped with sophisticated weapons. After finishing the food they tortured the family members and later killed them, police said, the fleeing militants also set the house on fire.

    Police reached the spot on Monday morning and recovered the charred bodies of Kesar Din, Ratiya Begum and the children.

IED EXPLOSIONS

May 15: A government sponsored militant and his son were killed in an Improvise Explosive Device (IED) blast in Kupwara district of north Kashmir.

    Suspected militants allegedly planted an IED in the house premises of a government-sponsored militant working for 117 Bn of Border Security Forces (BSF), which went off at 11:00 am resulted into his and his son’s killing. The duo was identified as Mohammad Hashim Khawaja, son of Azam Khawaja, resident of Dardpora, Banjarpati area of Kupwara district and his four-year-old son Mohammad Izhar.

    Meanwhile, a civilian was killed in another incident of IED explosion at Achabal Kandru in Anantnag district. Abdul Gani Shaksaz lost his life when he was walking through Kandru area, an IED exploded at roadside. The army had allegedly planted the IED.

May 30: Four civilians including two minor boys of same age were killed in separate explosions of Improvise Explosive Devices (IED) in two different parts of the State. Two minor boys became the victims of an IED allegedly triggered by the militants at Alal Haima village of Thanamandi Tehsil of district Rajouri at around 9:30 am. At the time of the explosion the duo was working in their fields. The inhabitants of the Alal Haima Village accused the army of firing a rocket resulting in the on spot death of boys. The deceased were identified as Junaid Ahmad, 13, son of Mohammad Hafiz of Karyote and Sarfaraz Ahmad, 13, son of Wazir Mohammad of Upper Alal.

    In another incident of IED, two civilians died while they were going through the forests of Dregpathri-Berhak. The deceased were identified as Javaid Ahmad Naik and Mohammad Ramzan both resident of Dandward D H Pora.

DISAPPEARANCES

May 1: A tailor, Aijaz Ahmad Dar son of Ghulam Rasool of Nowpora of Sopore in north Kashmir was allegedly arrested by the Border Security Forces (BSF) and since then nothing has been known about his whereabouts.
    A report has been filed in the concerned police station but so far nothing has been known. His relatives expressed serious concern about his welfare. However, the Border Security Forces vehemently denied that their personnel have arrested such person.
May 3: A teenager boy Jehangir Wali, 15, son of Wali Mohammad Malla of Dalna, Baramulla reportedly left his home on May 3, and since then nothing has been known about his whereabouts.
May 5: A youth Afrooz Iqbal Shah, 23, son of Abdul Qayoom Shah of Noorbagh, Sopore had come to Srinagar for some work. Unidentified persons from Batamaloo allegedly kidnapped him and thereafter nothing has been confirmed about his whereabouts.
May 6: Abdul Majeed Gooru, 25, son of Abdul Ahad Guroo of Handwara reportedly disappeared after some unidentified persons called him. As per the reports Abdul Ahad, whose wife is admitted in SMHS hospital for treatment, some persons unknown to them called Majeed and told him that they wanted to tell him some important thing? Abdul Majeed went with them and since then he has not returned back.

12 DISAPPEARANCE CASES CONFIRMED IN KUPWARA

MAY 31: The Additional Deputy Commissioner, Syed Sharif-ud-Din has been appointed as vigilance officer in pursuance of chief secretary’s order. According to deputy commissioner, Kupwara, Yadullah, So far 42 cases of disappearances had been established in the district and the cases would be placed before the screening committee. All the police stations have been asked to identify such cases early

May 7: In another similar incident a twenty-five year old youth from Kunalkaz, Abad, Handwara on May 7, was allegedly kidnapped by unidentified persons from Children Hospital at Srinagar and since then his whereabouts are not known. He was identified as Khursheed Ahmad son of Eid Mohammad Akbar.

RENEGADE ROAMS FREE DESPITE MURDER CHARGES

May 26: Police have failed in detaining a gunman despite the fact that he is involved in two attempts to murder a particular family, reports reaching from North Kashmir Handwara said. He is an Ikhwani activist and enjoys the patronage of the (CI) grid.

    Identified as Abdur Rashid Khan alias Shada, he is working for the 21 RR based at Zachaldara. In 1999, he raided the house of Hakim Din of Rajpora Pati and tried to kill him. Though, Din managed to survive, Khan took away valuables and cash worth Rs. 20,000. He even tried to kidnap his 9-years old daughter as well. Din registered an FIR 197 of 1999 against Khan.

    After series of threats and intimidation, Khan attacked the family again, and tried to kill Din and some of his relatives. They managed their escape. Another FIR 150 of 2003 is registered in Handwara police station. There was no action.

    Not able to kill Din, Khan's group attacked the family and targeted Din's brother Bashir-ud-Din. He was arrested and dubbed as a militant. Troops after verification let him go after sever torture. Though, the case has been taken up with the police at the highest level and the top functionaries of the new government. So far, no action has been initiated against Khan or any other member of the group, he continues to terrorize the people and intimidate them.

CM ORDERS ACTION INTO SOG’S MIS BEHAVIOR

May 9: Chief Minister, Mufti Mohd Syed has ordered action against SOG personnel including an inspector. They were accused of beating a man, and later harassed their colleagues for entertaining the report and finally roughed up the complaint.

    Reports revealed that two SOG men, Parvez Ahmad Mir of Gantumalla and Ghulam Jeelani Bhat of Tarhama stopped Kadeer Ahmad, a resident of Rambagh near the chief ministers Nowgam residence and beat him up.

    He went to Nowgam police station and registered an FIR 69 of 2003 against the police duo. The same evening SOG inspector Mohan Lal hurled threats at police for entertaining the complaint. The issue was brought to the notice of police higher-ups.

    Later, the same party raided the complaint’s residence and harassed the family. This forced the complaint to seek police protection. Police have started investigations and the accused is reportedly being placed under suspension.

WOMEN-CHILDREN KILLED

May 10: A couple was shot dead by some unidentified gunmen at their residence at Chiiti Banday in Bandipora. The identification of woman was not established.

* In another incident a six-year-old Waqar Ahmad was killed when Indian and Pakistani soldier resorted to cross border shelling in Nachion, Karnah sector of Jammu.

May 13: Unidentified gunmen shot dead a woman inside her house at Dardpora in Kupwara district. She was identified as Fatima Akthar d/o Mohammad Manzoor Sheikh.
May 15: A four-year-old boy and his father were killed when an IED planted allegedly by the suspected militants went off inside their house. The deceased boy was identified as Mohammad Izhar s/o Mohammad Hashim Khwaja r/o Dardpora, Banjarpati area of Kupwara.
May 17: Anonymous gunmen killed a woman inside her home at Rajouri district. The deceased has been identified as Rahti wife of Nazir Ahmad.
May 19: Unidentified gunmen at Doda district killed four women and two minor boys and a woman was killed when she was caught in encounter at Kathua district. Unidentified gunmen killed four women and two minor boys after having food at their house in the border area of district Rajouri. The deceased were identified as Khatoon, 60, wife of Mehmood, Taj Begum, 20, w/o Khan Mohammad, Hanefa Begum, 30, w/o Wazir Hussain, Zakira Begum, 29, w/o Babu Khan, Arshad Ahmad, 4, and Maroof Ahmad, 2.

In other incident a woman Hajira Begum received injuries when she was caught in an encounter between militants and police at Mora Chonta in Kathua district. Later on she succumbed to her injuries.
May 20: Unidentified gunmen killed mother-daughter duo by splitting their throats at Gujjar Pati Aragam in Baramulla. The deceased have been identified as Mehra Begum, 50, wife of Amir-ud-Din and her daughter Fatima, 20.
May 22: Unidentified gunmen tossed a hand grenade towards Saint Lucus Convent School, Nai Basti area of district Anatanag of south Kashmir. The explosion resulted into the grievous injuries to two non-Kashmiri women of whom one succumbed later in the hospital. The deceased was identified as Kamleesh of West Bengal.
May 26: Unidentified gunmen butchered five members of a Village Defence Committee’s member’s family including his wife and three children at Keeri in Rajouri district. The deceased woman was identified as Ruqaya wife of Qaiser-ud-Din her three sons as Mohammad Khan, Raj Hussain and Shakeel-ud-Din.
May 27: A surrendered militant, his wife and his son were killed by some unknown gunmen after they managed their entry inside his residential house at Arin Dardpora, Bandipora district in south Kashmir. The deceased were identified as Reshma wife of Rafiq Khan and Mohammad Rafiq.

CHRONOLOGY OF EVENTS IN MAY

May 1: Two civilians including a student were killed in separate violence related incidents across the state.
May 2: Two militants, six soldiers and a civilian were killed in various violence related incidents.
May 3: Three militants were killed while fifteen persons received injuries in separate violence related incidents across the state.
May 4: Three militants and two civilians were killed in different violence related incidents.
May 5: Eight militants and two civilians were killed while thirty-two persons received injuries in various violence related incidents across the state.
May 6: Seven militants, two soldiers and two civilians were killed in separate violence related incidents in the state.
May 7: Fourteen militants, four soldiers including an army Major and a civilian died in different violence related incidents across the state.
May 8: Six militants, an army Lieutenant and a Junior Commissioned Officer of army were killed in separate violence related incidents across the state.
May 9: Six militants, a Village Defence Committee member, a National Conference activist and a civilian were killed in separate incidents of violence across the state.
May 10: Three militants, a Village Defense Committee (VDC) member, three activists of ruling People’s Democratic Party (PDP) and two civilians were killed in various violence related incidents across the state.
May 11: Nine militants, two soldiers, three Special Police Officers (SPO) and two civilians killed in various violence related incidents across the state.
May 12: Eight militants and eight soldiers were killed and about half a dozen people received injuries in violence related incidents across the state.
May 13: Ten militants, two soldiers, a Sub-Inspector of police and three civilians were killed.
May 14: Twelve militants, a Special Police Officer, an ex-serviceman, two soldier and three civilians were killed in separate violent incidents.
May 15: Three militants, a Special Police Officer, army man, pro-government militant, his son and a civilian were killed in different places in violent incidents.
May 16: Six militants, three soldiers, security forces informer and a civilian died in bloodshed incidents.
May 17: Four soldiers, two policemen, three militants and two civilians were killed in the state.
May 18: Six militants and four civilians were killed in different violent incidents.
May 19: Five militants and seven civilians were killed in violence related incidents.
May 20: One militant, three soldiers, and three civilians were killed in violent incidents.
May 21: Four militants, Intelligence Bureau inspector, ruling People’s Democratic Party activist and a pro-government militant and a civilian were killed in separate incidents of violence.
May 22: Sixteen militants and two civilians including a woman were killed in violent incidents.
May 23: Four militants and two civilians were killed in separate violence related incidents.
May 24: A civilian was killed in a violence related incident.
May 25: One militant, a militant guide and four civilians were killed in separate violent incidents.
May 26: Five militants, two civilians, five members of a VDC member’s family and a soldier were killed in different violence related incidents.

*: Two army personnel and a civilian were killed in exchange of cross border shelling while three persons including a woman received injuries at Ser Makri Kalaal near Line of Actual Control in Nowshera sector of district Rajouri.

May 27: Two militants, soldier and four civilians were killed in separate incidents of violence.
May 28: Seven militants and a civilian were killed in separate incidents of violence in the state.
May 29: Seven militants were killed in different encounters with troops and four civilians were killed after unidentified gunmen from different places kidnapped them.
May 30: Six civilians were killed in separate incidents of violence at different places of the state.
May 31: Army Captain, seven militants, ten civilians and two political activists were killed in separate incidents of violence across the state.

DATE	Custodial Killings	Women	Children	Reported Disappearances
May 1	1	-	-	1
May 3	-	-	-	1
May 5	2	-	-	1
May 6	-	-	-	1
May 7				1
May 9	1	-	-	-
May 10	-	1	1	-
May 13	-	1	-	-
May 15	-	-	1	-
May 17	-	-	-	-
May 19	-	5	2	-
May 20	1	2	-	-
May 22	-	1	-	-
May 30	-	-	2	-
Total	5	10	6	5

DATE	SOLDIERS	MILITANTS	CIVILIANS	OTHERS
May 1	-	-	2	-
May 2	6	2	1	-
May 3	-	3	-	-
May 4	-	3	2	-
May 5	-	8	2	-
May 6	2	7	2	-
May 7	4 (1Army Major)	14	1	-
Jan 8	2 Army Officers	6	-	-
May 9	-	6	1	1 NC activist-1 VDC member
Jan 10	-	3	2	1 VDC & 3 political activists
May11	5	9	2	-
May12	8	8	2	-
May 13	3 (1 sub inspector)	10	3	-
May 14	3	12	3	1 ex-serviceman
May 15	2	3	2	1 pro-government. militant
May 16	3	16	1	1 security forces informer
May 17	6	3	2	-
May 18	-	6	4	-
May 19	-	5	7	-
May 20	3	1	3	-
May 21	-	4	1	1 PA, 1 renegade- IB Inspector
May 22	-	16	2	-
May 23	-	4	2	-
May 24	-	-	1	-
May 25	-	1	4	1 militant guide
May 26	3	5	8	-
May 27	1	2	4	-
May 28	-	7	1	-
May 29	-	7	4	-
May 30	-	-	6	-
May 31	1 Army Captain	7	10	1 political activists
Total	52 (5 Officers)	178	85	14