The Informative Missive
Published by
PUBLIC COMMISSION ON HUMAN RIGHTSNovember 2003
Editorial: Silence Of The Lambs
“The army is not cooperating with the investigation”, State Additional Advocate General. “They do not provide us with the details of information we require”, Senior Government Standing Counsel’s reply. Invariably these statements are being made by the counsels of Union of India & State government in the High Court proceedings in the petitions, in which the victims of Human Rights violations have sought Mandamus for directing the state police agencies for conducting investigations in the extra judicial executions and disappearances of their dear ones. In routine the High Court gives four weeks time, than three weeks time, two weeks time followed by last and final opportunity to the counsel to do the needful. And the needful is done after years. The lack of co-operation between the state and the federal agencies is dragging the cases for years together. It is not due to the lackadaisical approach but as a strategy. Incidentally it happens in the cases where already the high court has disposed a petition, which takes two, three years. The high court in these cases has also directed the police agencies to file the FIR’s to conduct the investigations into the allegations made in the petitions.
Under the Criminal Procedure Code the police agencies are bound to register First Information Report (FIR) in any cognizable offences. And to hold investigations into the allegations leveled against the law enforcing agencies, which is not even barred under Armed Forces (Special Powers) Act. The draconian act bars only the prosecution and not the investigations. Notwithstanding these court directions there is least follow up. This unending process frustrates the litigants to the extent that they feel that they are moving in an orbit. They stop pursuing the cases& realize that litigating against the state functionary, which is an organized litigant, is mere wastage of time that amounts to self-inflicting pain. This withdrawal serves the very designs of the government counsels. As per a survey, almost 60% litigants who have filed cases years before have left them mid way and are no more interested in chasing the mirage. These litigants are mostly from the urban areas and towns. Not to speak of the victims of far flung areas who seldom approach courts.
Legally speaking the army and para military forces has been requisitioned by the state to aid and assist the local police for restoring what they call law & order. Dejure, this requisitioned law enforcing agency is to subordinate the local police as law & order is a state subject. They are per se responsible for the omissions & commissions. The state police have to conduct investigations & even implicate the culpable officers for the heinous acts. But the local police is helpless and de facto it is to aid & assist the security forces during their cordon and search operations. The role of the local police is limited to a symbolic presence before army and to collect the dead bodies & file the FIR’s from the security forces. There are hundreds of FIR’s pending in different police station in the state of J&K, against the law forcing agencies since the onset of conflict. But the police have not conducted investigations against the security forces. The reasons are obvious; there are implicit instructions not to file the cases against the law forcing agencies unless they receive the directions from higher quarters. Even in the past the government had issued a circular to all the police stations in this regard. Later the government had to withdraw it after it was widely assailed by press and human rights organizations. The other reasons are that the out numbered police officials (the ratio of police men to security forces being 1:10) are afraid of incurring the wrath of the security forces.
Only in hi profile cases where the people have taken to streets, that the police have sometimes filed FIR against the army and military in order to pacify the people. And even state has appointed enquiries into these incidents.
Under the circumstances it was the duty of judiciary to be proactive. The judicial active judges could have set an example. They could have reposed faith of people by following advice of lord, Atkin, “in this country amidst the clash of arms, the laws are not silent, they may be changed, but they speak the same language as in war as may be the case”. Instead the honorable judges seem to follow the saying of Roman jurist Cicero, “Amidst the war of cries, laws remain silent.”
SOPORE PEOPLE ALLEGE CUSTODIAL KILLING
Govt. Orders Probe
Nov 7: The whole Sopore area was rocked after the news of alleged custodial killing of a shopkeeper spread around. The shopkeeper was picked up on 21st October by unidentified armed men from his shop and killed after three weeks. Government has ordered a probe into the killing.
According to the newspaper reports, on October 21, a group of unidentified armed men in civvies stopped their white Gypsy (bearing registration number JK05-0490) in front of Haidar Ahmad Bhat's shop at Gonipora, Sopore. The gunmen pushed him inside the vehicle and fled from the spot.
Haidar Ahmad Bhat son of Muhammad Ahsan Bhat of Gonipora was a graduate, and shopkeeper by profession. According to the residents, Haidar was a simple shopkeeper and did not have the remotest connection with militants or any political organization, a fact even corroborated by the local Police records, which show nothing incriminating against Haidar.
After his abduction, the family members of Haidar lodged a complaint in police station. “The Deputy Superintendent and Superintendent of Police assured us that they were trying to trace him out", says his father Muhammad Ahsan Bhat. Protests and dharnas (sit in) were held over the past fortnight after his disappearance in custody. But after 18 days his body was found in Kangan police station.
However, the daily police bulletin on militancy related incidents circulated by police headquarters on 6th November 2003, reported that "one unidentified militant was killed in an encounter with troops while another managed to escape in forests of Prang, Kangan in the intervening night of 5th and 6th of November". The bulletin added, that the body of the slain ‘militant’ was kept at Kangan police station. The official spokesman denied the allegations of killing a civilian and claimed that they killed a ‘militant’ in an encounter and handed over his body to Kangan police. The spokesman denied reports that the shopkeeper had been apprehended by the troops.
Haidar’s parents identified his body at the police station. Later when the body of Haidar reached his home town, thousands of people from villages of Sopore, including Malagoni, Behrampora, Hab Dangerpora, Marazigund and other villages, after visiting his home, assembled in Sopore and staged a demonstration demanding a immediate probe into the incident.
A team of The Informative Missive met the bereaved family and spoke to his mother and brother. His mother, in a grief stricken state, talked to the correspondent of this publication. She said, “Haidar had gone to Sopore to buy some goods for his provision store, when he came back, he went to the shop. Some unidentified armed men in civvies stopped their white gypsy in front of his shop and asked for cigarette, and then one of the men told him that they wanted to speak to him. As he went towards the gypsy they dragged him inside and took him away. Our younger son was also present at the shop, he along with another boy followed the car on a motorbike but nothing was learned about his whereabouts. We went to the Major of the 22 Bn RR camped in the area but he did not help us. Then with another shopkeeper, Ghulam Nabi Sheikh, we went to Watergam, and then to Baramulla, we searched for him everywhere, but after 18 days we learnt that he had been killed.
Haidar’s killing has come as a shock, as he was a brilliant young boy running his own shop. Why was he kill He was innocent. We want the culprits to be punished otherwise a day will come when infants will be taken from their mothers bosom and then killed”. Haidar’s brother Rafiq Ahmad Bhat, a graduate, was helping Haidar in his shop and also was a fruit merchant. Extremely disturbed by his brother’s killing, he repeats the same words as his mother, as he says, “they were wearing Pherans (local dress) and the gypsy in which they were traveling bore registration No JK05 0490, but later investigations revealed that it was a false number. After we came to know of his arrest, we searched for him everywhere, in every camp. We even contacted DC and DIG of the area. DC even contacted army but there was no clue about Haidar. Later after 18 days we received information that he has been killed in Kangan. We rushed to Kangan Police Station where we identified Haidar’s body. It bore severe torture marks. 24 Bn RR camped at Kangan claim that they killed Haider in an encounter; a version police carried in their daily bulletin. The RR claimed that the deceased ‘militant’ was Salman a resident of Pakistan.
This is injustice and we want justice. How come he was arrested from his native place and killed in the mysterious circumstances and body found at Kangan. The Major of 22 RR camped here gave us false assurance during Haidar’s disappearance that he would be released soon. He misled us many a times. We want a proper investigation and all the culprits should be punished for murdering an innocent. In this area we are living in virtual siege and fear. The Major and his subordinates roam in the area in civvies and spy to target innocent villagers on one pretext or other.
Though the conditions have always been pretty bad here, but from the last few months they have turned from bad to worse. The present government is helpless; the chief minister has literally no control over the security forces. Haidar has gone; he will never come back again but yes! His killers should not go unpunished. That would be the ultimate justice which we the family members will wait for”.
After some days, family members of Haidar called The Informative Missive office and said “STF personnel arrested Haidar and later with the help of RR killed him”. In this connection the family members have registered a FIR 375/03 under section 346, 302 RPC.
CIVILIANS KILLED LABELLED AS MILITANTS
Nov 5: Killing of two youth along with a foreign militant allegedly at the hands of troops triggered massive protest in Gool Gulabgard, Udhampur district of Jammu division on Nov 3. Reports revealed, the troops manning at Arnas Mavhar Udhampur during a search operation killed two civilians along with a foreign militant in a ‘fake encounter’ in Deenda forest and later dubbed them as militants.
Thousands of inhabitants of the area protested against what they called as ‘extra judicial executions’ by the forces and demanded probe into the killing to bring the culprits to book. The protestors also set a dharna (sit in) out side the Tehsildar’s office, which continued till late in the evening.
The deceased civilians were identified as Abdul Majid and Abdul Karim of Sukar; however, the identification of the foreign militant was not ascertained.
CUSTODIAL KILLING
Nov 25: The troops of 17 RR picked up Mohammad Ayoub Khan s/o Mohammad Yousuf Khan from his residence at Achabal in Islamabad district Sunday night. Monday afternoon his bullet-ridden body was found in Achabal town. The villagers while accusing the troops of killing Yaqoob in custody demanded an impartial probe into the killing.
However, the troops said Yaqoob was leading a search party, which it came under heavy fire and Yaqoob was killed. The search party suffered no loss.
The villagers staged a massive protest against the killing, they carried the body of Yaqoob Khan and took out a procession. Protestors alleged that during the intervening night of November 23 & 24, personnel from 17 RR & a group of renegades barged into the Chalkipora residence of Mohammad Yousuf Khan and took away his son Mohd Ayoub. His bullet-ridden body was recovered from the village periphery next day. Holding the 17 RR directly responsible for the murder, the villagers alleged that Khan was killed during torture by the troops and later showered his body with bullets. Though the RR wanted the villagers to bury the young man, the villagers refused and kept the body intact.
Early in the morning the villager assembled and took the coffin in a procession to Anantnag. They were shouting slogans against the troops, and as soon, the protestors reached Chatergul, the place where the RR camp is stationed, the soldiers opened fire on the mob. Two villagers Abdur Rashid Khan and Mohammad Qasim lone both residents of Chalkipora received bullet wounds. In order to quell the demonstration, the soldiers caught hold of protestors and beat them up. The villagers took the wounded to hospital, but their fate is not known.
BANDIPORA DIARY
* IMAM HUMILATED
Nov 5: Personnel of 15 Rashtriya Rifles (RR) stationed at Kaloosa, Bandipora allegedly humiliated and pulled the beard of an Imam (priest) of a local Mosque in their custody.
The Imam, Mufti Mohammad Hussain Anzar Al Qasim, resident of Bihar also head of Majlis-e-Tafuz Nabuwat, Bandipora was picked up by the troops for unknown reasons. He was allegedly humiliated in custody and was released after 24 hours.
His arrest shocked the Scholars and Imams of Darul Uloom (Islamic School) Bandipora who expressed their resentment over the treatment meted out to the Imam at the hands of troops. It has been reported that his arrest was result of his campaign against Quadanism. Later on, the district authorities took up the matter with the army.
* COOLIE KILLED
Nov 11: A coolie allegedly lost his life when he was performing his duty of chopping and piling tree wood for the forest department in a far-flung area of Bandipora known as Yalli.
According to villagers, Abdul Rashid, son of Raj Wali Khan, was working with a forester for chopping and piling wood. On that fateful day while he was busy in chopping a tree, it felt over him and he was killed.
His killing has adversely affected his family. Abdul Rashid’s widow under the Labour Law applied for the compensation from the forest department. But she was not granted any compensation from the department. The forest department categorically denied engaging any such person even on daily wages basis. Later she approached the concerned police station for filing FIR against the department but police refused to do so.
*IKHWANI KILLED
Bashir Ahmad Khan alias Cobra an infamous Ikhwani (renegade) was allegedly killed by militants after kidnapping him from his residence on November 5.
Militants on November 5 raided the residence of Cobra at Lankreshipora, Nadihal, Bandipora and kidnapped him. Later he was brought before a huge gathering of people in a local mosque where he made public his crimes. Next day, his eye was spotted on the Nadihal road. However, his body has not been recovered yet.
* WOMAN ARRESTED, MOLESTED
On the night of 7th November personnel of 14 Rashtriya Rifles (RR) raided the residence of Bilal Ahmad Baba and allegedly molested his daughter. Army claimed recovery of arms but police contradict the army statement. A 11th class student Javed Shah was also detained on the same day.
Army personnel from Sunnerwani camp raided the residence of Bilal Ahmad Baba nearly 3 km from the camp and alleged that his daughter has been affiliated with militants. The male inmates were directed to go out side, however, Bilal’s daughter Safeena, 25, was taken in a separate room where she was allegedly molested by the Major Sangram Singh on the pretext of having links with militants. It was only after raising hue and cry, the neighboring women rushed to rescue her from the hands of troops. The siege, (which continued for an hour) at Bilal’s house was only lifted after the intervention of police. The army claimed the recovery of arms from Safeena’s possession during raid and denied the charge of molestation.
Safeena while talking to concerned SDPO alleged that she was taken in an isolated room where the Major molested her on the pretext of having connection with the militants. However, Safeena, categorically denied links with any militant outfit. Police took Safeena to women police custody where she was kept for two days.
Irked by the raid and subsequent arrest of Safeena, inhabitants of the area went on streets to protest against the army. The shops of the area remained closed for a day. However, police has contradicted the troop’s claim of recovery of arms and filed an FIR against the army in this connection.
* KOHTHAS SET ABLAZE
In the second week of November, the personnel of 14 Rashtriya Rifles (RR) allegedly set ablaze 10 Kohthas (huts) of Gujjars (nomads) in dense forests of Sumlar, Bandipora. This was done during the search and cordon operation.
According to the villagers, the Kohtas were burnt so as to prevent the militants from taking shelter in these Kohthas. The Gujjar community protested before the police station Bandipora and demanded immediate compensation from the office of SDPO, Bandipora.
* ACCOUNTANT DISAPPEARS
Whereabouts of an accountant of Zonal Education Office, Ghulam Ahmad Wani son of Abdul Satar Wani r/o Bandipora, are not known since 8th November 2003. According to the locals of the area the militants had kidnapped Wani.
* WOMAN, BOY BURNT TO DEATH
On the intervening night of 7th and 8th Nov, two persons were killed when the personnel of 15 Rashtriya Rifles (RR) set ablaze a residential house at Quilmuqam, Bandipora after receiving the information of presence of militants in the house.
Sources said, following a tip off presence of Lashkar-e-Tayeeba (LeT) militants, the personnel of 15 Rashtriya Rifles (RR) cordoned the house of Mohammad Siad Shah at Quilmuqam, Bandipora and set it on fire. In the fire all the three militants and two inmate civilians were burnt to death.
The deceased civilians were identified as Zarifa, wife of Abdul Rashid and Mehraj-ud-Din son of Mohammad Siad. Inhabitants of the area registered a massive protest against the innocent killings.
EX-SERVICEMAN, BSF PERSONNEL ESCAPE NARROWLY
INCIDENT OF MISTAKEN IDENTITY
Nov 1: An ex-serviceman and a Border Security Forces personnel had a narrow escape when troops mistook them as militants and fired upon them while they were traveling by a car through Rajput area of Bantalab as a result of which they received bullet injuries. The duo was coming from a marriage party and due to some fault in their vehicle in which they were traveling; it broke down near a camp. The personnel stationed there panicked as they suspected them as Fidayeen (suicidal squad) and the jawan on guard opened fired hastily upon them as a result of which both were injured. After realizing that they were not Fidayeen the troops gave them first aid treatment and later shifted them to the Military Hospital (MH) Satwari for treatment. The victims were identified as Captain Bishamber Singh son of Baisakhi Ram and his son Kuldeep Singh, a BSF constable.
DODA DIARY
* 5 BOYS FROM MINORITY COMMUNITY JOIN MILITANCY
Five boys belonging to Hindu community from Bhaderwah and Kishtwar tehsils of Doda district reportedly have joined militancy due to continued atrocities committed on them by the security forces. One boy Balpraud s/o Kumar Chand of Bhaderwah has joined the Hizbul Mujahideen outfit in Bhaderwah. His uncle Kuldeep Kumar was earlier associated with HM outfit and was killed in an encounter with security forces of Bhaderwah area on March 13 this year. Similar reports have been received from Kishtwar tehsil where four boys of the Hindu community have also allegedly taken arms and are operating with the militants in the area.
* CIVILIAN KILLED IN CLASH
A civilian Nam Singh s/o Bhagat Singh of Thakree got killed during the group clash between Village Defence Committee (VDC) members in Thakree area of Kishtwar tehsil. Another civilian Ishtiaq Ahmad s/o Churu Wani was allegedly killed by personnel of 8 RR in a remote Mermat area. His family members say troops killed him during night in the Mermat area. The reason behind the killing is not known.
* ATTACK ON PRESS
Nov 4: In yet another attack on the freedom of expression, the office of United Kashmir, a local newspaper published from Doda district was ransacked by the group of extremist Hindu activists of Rashtriya Swyamsevak Sangh (RSS) and Shiv Sena.
Reportedly a number of RSS and Shiv Sena activists appeared in the heart of Rajouri town and set on fire the copies of the newspapers carrying the news of All Party Hurriet Conference (APHC) (Geelani faction) in its recent issue. The activists also assaulted and ransacked the office of United Kashmir.
Expressing serious concern over the attack on the press, the journalists protested against the assault. The editor of the newspaper urged the concerned authorities to take action against the assailants to prevent more untoward scenes in future.
* STRIKE OVER BOYS KILLING
Nov 4: The entire Doda township observed strike over the killing of a local allegedly at the hands of troops of 10 RR. Reports said, on November 3, when people were returning back to their homes after offering Isha (fifth prayer) and a passing patrolling party of 10 Rashtriya Rifles (RR) shot a fourteen year old boy, presuming him for a militant. The boy identified as Arshed Hussain, s/o of Abdul Karim received critical injuries and later succumbed to his injuries.
Next day, as soon as, the news of killing of Arshed reached the town, the shopkeepers’ observed a strike. A large number of people held a demonstration, which passed through the main market of the town. The protestors were demanding stern action against the soldiers involved in killing.
Later a deputation called on Deputy Commissioner, SSP and Commanding Officer of accused forces. The officials reportedly told the deputation that the incident was a case of mistaken identity. However, the CO assured the deputation of punishing the guilty soldiers.
* PROTEST AGAINST KILLINGS ON CM’S VISIT
Nov 6: Residents of Pul Doda staged a massive protest and blocked Kishtwar-Batote National Highway (NH) in protest against alleged delay in the investigations of killing of seven persons of marriage party by a Special Police Officer (SPO) and his associates. The protest demonstrations were held during Chief Minister’s visit to Doda.
It may be recalled that on Oct 21, seven persons were gunned down under mysterious circumstances during a marriage ceremony at Pul Doda. In this connection a case under section 302, 307 RPC, (FIR No 162/2003) was registered. Three persons were taken into custody in which one is personal security officer of a political leader and a close relative of Housing & Urban development minister of state. People staged a protest as the CM visited the village. The protestors alleged that since some political activists are involved in the killing, police and district administration are trying to hush up the case. Protestors also alleged that when they sought to meet the CM in connection with the killing, they were detained at Doda Police station for five hours. They were released only after the CM flew from Doda.
The protest ended only after the assurances by DIG police Udhampur- Doda range Satvir Gupta assured to conduct fair investigations into the incident.
ARMY PERSONNEL KILLS COLLEAGUE
Nov 11: Two army personnel of 26 Rashtriya Rifles (RR) were allegedly shot dead by their colleague after a scuffle at Doda district inside their camp late in the evening.
Reports revealed, there was heated exchange of words followed by a brawl between the soldiers of 26 RR over an issue. One of the soldiers irked by the circumstances and under the influence of alcohol opened fire, which resulted into the killing of two of his colleagues on the spot. The deceased were identified as Lance Naik Prakash Chowhan and D Singhall and the accused soldier as Lance Naik Ajit Kumar. Later the senior official including Commanding Officer (CO) rushed to take stock of the incident. Police has also registered a case in this connection.
LIFE IMPRISONMENT FOR IKHWANI
Nov 4: In a significant judgment the Jammu and Kashmir High Court sentenced an Ikhwani (pro-government militant) Shabir Ahmad Teli of Islamabad to life imprisonment for murdering one Adul Gani Shah.
Shabir Ahmad Teli of Magraypora of Achabal killed Abdul Gani of his village on August 6, 1997, when he was coming out of mosque after offering prayers. The motive behind the killing was said be the refusal of the Abdul Gani to give his daughter in marriage to the Ikhwani for obvious reasons. Irked by Gani’s decision, Shabir murdered him when he was coming out of a mosque later in the evening after offering prayers.
Thereafter, police arrested three persons identified as Manzoor Ahmad Wagay, Nazir Ahmad Hajam and Shabir Ahmad Hajam, besides Shabir Ahmad in this regard. The District and Sessions Court Islamabad had sentenced Shabir to life imprisonment while acquitting others. Later the case went to high court where the convicted Ikhwani went for an appeal. However, the division bench of the high court found Shabir guilty of murdering Gani and sentenced him to life imprisonment. The court upheld the verdict of District and Sessions Court.
The court was convinced the motive behind the murder was killer’s objective to marry the daughter of the deceased.
HARASSMENTS
* UDHAMPUR RESIDENTS ALLEGE HARASSMENT
Nov 5: Inhabitants of Cachawah in Gool block of Udhampur district of Jammu division accused the Special Police Officers (SPO) posted at STF Post Gali of harassing them.
Reports said, the SPOs without any reason continue to harass locals on one pretext or the other. They unnecessarily drag the people out of their homes and compel them to carry their luggage and use other methods of humiliation. It is pertinent to mention here that the autumn season is busiest period of the year and farmers remain busy in their fields. People alleged that at the peak time of their earning, the SPOs make their life hell. The local people lament that they had time and again communicated their woes to Dy SP operation but in vain.
* BEERWAH VILLAGERS ALLEGE ATROCITIES
Nov 15: Villagers of Pithcoot, Beerwah accused the troops of treating them inhumanly. Even women and children are not spared from their wrath, the villagers said.
Villagers alleged that troops thrashed several peoples on 14th November including women and minors during a search operation. They said when troops failed to arrest any militant in the village; they started beating villagers including the old aged persons and also damaged some residential houses.
MANZGAM RESIDENTS ALLEGE ATROCITIES
Nov 25: Several hundred residents from Manzgam, Noorabad in Kulgam, the native village of minister for agriculture, Abdul Aziz Zargar, Monday staged protest dharna (picketing) in front of deputy commissioner’s office against the alleged atrocities by army troops.
The protestors who came in vehicles were shouting slogans against the army alleging that the army troops of Manzgam camp were beating the residents including the women regularly during night since the past one-week after the villagers buried the body of a non Kashmiri militant killed in an encounter with soldiers.
The residents alleged that troops harassed them for wearing Pherans (traditional cloak like dress used in winters) and disallowed their movement after dawn. The protestors, while alleging that troops were castrating the youth of the village, appealed to deputy commissioner of Islamabad for providing them security as they feared for their lives. The DC assured the protestors that he would raise the issue with the Brigadier of the camp. The villagers threatened that they would migrate to safer places if an immediate end to atrocities were not brought about.
PROTEST HELD AGAINST CANE CHARGING
Nov 28: Villagers of Halla, in Banihal staged a protest demonstration on Thursday on high way here against members of Village Defence Committee (VDC) for allegedly beating up the residents of the village in which 30 villagers were injured. ADC and SSP Ramban assured the protestors that strict action will be taken against the offenders if the allegations are found true.
On Wednesday at about 7pm when people were busy celebrating Eid, about 20 VDC members of Halla reached there and asked all the residents of the village to come out of their houses. They further alleged that they were taken to forest area about 1 km away from the village where the VDC members cane charged the male members and also fired in the air to threaten them, about 30 villagers received injuries in the incident. One of the injured Abdul Rashid Shah, was admitted in a local hospital. The protestors have identified the main leader of VDC group before the SSP Ramban. ADC Ramban, said an enquiry will be conducted in the incident and an FIR will be lodged against the involved people in case the allegations are found true.
VILLAGERS BEATEN
Nov 11: Special Operation Group (SOG) along with the troops allegedly marshaled a number of residents including some women of Rathsuna village in Beerwah last night. They also carried searches and accused villagers of sheltering militants.
Reports said, a joint posse of security men and SOG raided the house of late Bashir Ahmad Shiekh, who was killed in fake encounter on July 17, 2003 in Ganderbal and beat his mother and sister. Besides, the security personnel beat a number of residents. They also stopped villagers from offering taravee (special prayers offered in the month of holy Ramadan) as they continued search till late in the night. The villagers who in delegation visited Srinagar have sought intervention of Chief Minister.
SHRC DIRECTS STATE GOVERNMENT TO PAY COMPENSATION TO TWO FAMILIES
Nov 17: The Jammu and Kashmir State Human Rights Commission (SHRC) has directed the state government to pay compensation to the families of two persons allegedly killed by security forces in the Kashmir valley while in their custody.
Holding the army responsible in the custodial death of a youth named Shamasuddin the SHRC has directed the state government to pay Rs two lakh to the next of the kin. Abdul Ahad Wani filed a report in May 2001 before the commission, alleged that his son Shamsuddin was picked up by the Rashtriya Rifles from his shop at Giripora Handwara and later killed him. He had further stated in his petition that the body of Shamsuddin was later blown up with an Improvised Explosive Device by the army. The RR acknowledged his arrest but said that he was killed when he was being taken to hide out for recovery of arms. The Full bench of the commission comprising Justice Ali Mohammad Mir, Gazi Muzaffar-u-din and S Mohinder Singh in their order rejected the version of RR.
“If the defenders of the people act in the way as revealed by the police investigations in the case of Shamsuddin, then the system is sure to collapse one day under its own burden., the full bench observed.
It further said that the Modus operandi followed by the army of not subjecting itself to authority of the investigating agency is again a tragic phenomenon.
In the second case, the commission ordered the state to pay Rs. one lakh and provide compassionate appointment under SRO 43 to a family member of Ghulam Hyder killed by the security forces in fake encounter. The complaint lodged with the commission said that Hyder, a teacher was picked up by the security forces on Nov 12, and later killed him in custody. The commission rejected the army claim that Hyder and the Numberdar of the village had come under fire from militants after they were leading the army in a search operation.
HC DIRECTS SPEEDY INVESTIGATIONS OF ‘CUSTODIAL DEATHS’
Nov 17: The state High Court, Jammu wing has directed the SSP Rambhan and SHO Banihal to expedite investigations against army personnel who have been accused by the petitioners of allegedly killing three persons. An FIR against army personnel of 2 Jat Company has been registered. Justice YP Nagrota gave these directions in response to petition filed by Shiekh Shakeel Ahmad and others against the custodial deaths of three persons namely, Abdul Rahim Guth, Abdul Rahim Lone, Bashir Ahmad. The petitioner submitted that FIR No115/2002 had been registered with the police station Banihal. The other petitioners are the widows of the deceased and they have the grievances that despite registering of FIR, investigation is not being carried out expeditiously. The court disposed off the petition with the directions to the investigating agency to expedite the matter. The petitioners have prayed that their husbands along with 12 other persons were taken to the army camp, Tanka Top where the 12 persons were released but the husbands of the petitioners were not released & subjected to third degree torture by the army personnel. And on July 2002 the news appeared in the area that the three dead bodies were lying in the Tankah Nallah near the army camp. The dead bodies were disfigured with the injuries of bullets and torture. There after an FIR was registered with the police station Banihal against the army personnel of 2 Jat Company.
GIRL TORTURED AND KILLED
Nov 19: A young girl was reportedly brutally tortured by unidentified gunmen in her house and later killed at village Tatagon under the jurisdiction of Gandoh police station In Doda district. She has been identified as Akhtar Bano, 18 daughter of Nazir Ahmed Magray. Police said two unidentified gunmen carrying weapon with them entered into the house of Nazir Ahmad Magrey and took his daughter, Akhtar Bano to another room where she was dubbed as an informer of security forces and tortured. As the gunmen left, the people found girl’s body lying in the room tied with a rope. Police party visited the spot for investigation.
RADNAG RESIDENTS ALLEGE HARASSMENT
Nov 19: The troops from local camp of Rashtriya Rifles at Radnag, Lolab in Kupwara district have asked more than a dozen of persons of the village including women to attend the camp daily, a delegation of residents from the village alleged.
The delegation said the troops harass men and women without any provocation and cordon off the area every other day. Walking into the house on the pretext of search operations has become a routine for the troops, the delegation alleged.
The civilians including women who are regularly called to the camp are Salima w/o Ghulam Nabi Shiekh, Shahmali w/o Shah Jahan, Ghulam Mohammad Ganie s/o Rustam, Ghulam Rasool s/o Abdul Rahman, Abdul Rashid Mir s/o Mohammad Sultan and Ghulam Hassan Bhat.
The delegation said that the residents had brought the issue to the notice of police station Lalpora and senior superintendent of police Kupwara adding that authorities have failed to play any role.
NUMBERDAR, YOUTH TORTURED BY MILITANTS
Nov 18: Militants last night tortured a numberdar and a youth selected in Indian army at village Azamatabad under the jurisdiction of police station Thanamadi last night. The militant ghearoed (encircled) the village and then dragged the numberdar of village out of his house. They beat the numberdar identified as
Mohd Akbar, 65, son of Ali Akbar and a youth selected in army identified as Abdul Rashi 30 s/o Khan Mohammad with sticks and guns butts. They broke the legs and arms of both villagers and later fled from the spot. The injured were air lifted to the Government medical College (GMC) hospital for treatment.
YOUTH KILLED IN GANDERBAL, PEOPLE STAGE A MASSIVE DEMONSTRATION
Nov 20: Hundreds of people assembled at Nunar, Ganderbal to protest what they called cold-blooded murder of Abdul Hamid Baba by security men. The people raised slogans against the security forces.
The mob turned violent and pelted stones at the office of the sub- district magistrate. The police fired tear smoke shells to disperse the crowd. The relatives alleged that soldier shot the youth dead when he ran to catch his goats late last evening. The people demanded a probe into the killing and stern action against the culpable. The SDM pacified the protestors by assuring an impartial probe into the killing.
VILLAGERS PROTEST ‘KILLINGS IN ENCOUNTER’
Nov 20: Two villagers were allegedly shot dead by security forces in a fake encounter in Sar Mahore of Gool, tehsil in Udhampur leading to widespread demonstrations in the area.
“Two innocent civilians were shot dead in a fake encounter by the security forces and branded as militants”, the villagers alleged. The incident sent shock waves in the entire area and people came on road and protested against the inhuman act allegedly committed by the security forces. Due to the incessant demonstrations the residents of the area were assured by the authorities that a probe would be conducted in the incident. However the residents and the family members of the deceased have alleged that the police is trying to hush up the case.
A combat operation was conducted by 109 Battalion Army in Sar Mahore area of Gool, where a foreign militant was killed after a two hours long gun battle. The troops however claimed to have killed three foreign militants. On the identification of bodies it was later learnt that “two of the slain persons were innocent villagers who were identified as Abdul Majid s/o Ahemdoo and Abdul Karim s/o Muhammad Sadiq both residents of Dheada
Though police tried to take possession of the bodies after being informed by the locals, troops reportedly denied the permission and buried them at some unknown places. However the locals said that they have located the place where troops had buried the bodies. Police is trying to hush up the case as no FIR has been lodged against the culprits, said a PDP leader of the area.
VILLAGER’S TORTURE LEADS TO MASSIVE PROTEST IN KUPWARA
Nov 23: Massive Protests broke out in remote north Kashmir after troops fired upon a group of village protestors and left three of them injured. They are battling for their lives in a Srinagar hospital and one of them is stated to be critical. The soldiers injured many others in the stampede that followed the indiscriminate firing.
Troops from 30 RR in Kupwara cordoned off the remote Shahngari village of Handwara tehsil, during the night and started search operation during the wee hours of the morning. The troops, summoned all the people out of their homes. Later, the soldiers isolated two young men from the huge crowd and took them to the village school premises. They were identified as Mohammad Iqbal and Tariq Ahmad sons of Habibullah Bhat. Iqbal is an employee in the irrigation department and Tariq a peasant. Incidentally, some unidentified gunmen had killed their father Habibullah Bhat, on April 19, 1996. Apparently to get some information from the two brothers the soldiers interrogated the boys. Many members of the crowd were beaten when they tried to intervene. It was only after protests of locals that made soldiers to stop the torture of the two boys and release them in near morbid state.
When the villagers saw them in such a state they were infuriated. Angry villagers resorted to slogans and the soldiers called off the cordon operation. Villagers took the two persons and thousands of protestors joined them. Troops tried to stop the massive gathering of about 3000 people and finally soldiers opened fired immediately. It led to bullet injuries to three protestors as many more were wounded in the stampede. The bullet-ridden civilians were identified as Abdul Ahad Ganie resident of Sirhama, Murtaza Mir (Adoora) and Ghulam Rasool Kumhar (Shanagri). The soldiers later caught hold of some protestors and beat them, one of the wounded has been identified as Sara. Amidst indiscriminate firing the villagers took the wounded to hospital in Handwara where from they were shifted to Srinagar hospital. Deputy Commissioner Kupwara said they would be launching investigations soon. However no FIR has been registered so far.
HUMAN RIGHT VIOLATIONS WILL NOT BE TOLERATED: ARMY
Nov 24: General-officer-Commanding (GOC) of Northern command, Lt Gen Hari Prasad said no human rights violation will be tolerated in Jammu and Kashmir. “We are the last person to harm any civilian”, he told the press conference at the head quarters of 15 corps at the Badami Bagh Cantonment. He declared that if there is any act of omission or commission, action would be taken. He said that if they received any complaint of Human right violation, it would be investigated. “Each and every case is being investigated by a proper agency and guilty if found will be punished as per the law of the land”, said Prasad, adding that sometimes the militant organization spread false reports to defame the security forces.
He said human rights violation in J&K have reduced, a fact acknowledge even by chief minister Mufti Mohd Syed. Mufti has been constantly claiming that human right violations have shown a decrease in the human right violations.
YOUTH ARRESTED
Nov 24: CRPF personnel ran amock last night beating several people and arresting a youth in Pakhar Pora area of Budgam district, after militants lobbed several grenades towards a camp hosting 58 Bn CRPF. No one was hurt in the incident. Soon after the attack personnel cordoned the whole area and beat up several people. They also dragged a youth from a mosque who was on Etikaf (special prayers). Police later intervened and released him. Today morning, a cordon was laid around the area in which a youth was arrested.
MILITANTS TORTURE 3 INFORMERS
Nov 3: Militants last night tortured three villagers, alleging them as police informers while army man in case of a mistaken identity fired upon a civilian and injured him in Doda town late in the evening.
A group of heavily armed militants last night barged into a house and beat three villagers mercilessly alleging them as police informers. The injured villagers were identified as haji Jamal Din s/o Naiba, Misri Khan s/o Ghulamm Mohd and Aslam s/o Mohammad Ismail all residents of Draj under the jurisdiction of police station Kandi. The injured were shifted to the primary Health Centre (PHC) Kandi for treatment.
In another incident a man received bullet injury on his foot when the army jawans mistook him as a militant and fired upon him at Dessa road in Doda. The injured has been identified as Nissar Ahmed s/o Abdul Karim of Doda. He was returning to his residence after offering Namaz at Huda mosque. The injured was shifted to Doda hospital where doctors stated his condition was out of danger.
CROSS BORDER SHELLING FORCES 80 KARGIL FAMILIES TO MIGRATE
Nov 23: As many as 80 families of village Chanigud today migrated to the Kargil town following heavy shelling from across the border for the past three days, which damaged several houses and injured one person. The official sources said that most of the shells fell in this village Chanigud near the line of control forcing the entire population to migrate. All the 80 families living in the village have shifted to the Kargil town to escape shelling, which intensified last evening, a resident Ghulam Nabi said. About a dozen people have lost their lives and several houses have been damaged due to cross border shelling in Kargil and Drass sectors in the past few months.
DISAPPEARANCES
* STUDENT DISAPPEARS
A 12th Class student reportedly disappeared since 11th November 2003. Ghulam Mohi-ud-Din Rather son of Abdul Gani Rather resident of Tarzoo, Sopore in north Kashmir left his home on 11th Nov and thereafter he was not seen by any one. Parents and relatives of Ghulam Mohi-ud-Din left no stone unturned in his search but all in vain.
* RELEASED YOUTH DISAPPEARS MYSTERIOUSLY
A released youth left his home on 25th November to fetch some bakery from the market and since then his whereabouts are not known. Reports said, a day before Eid festival a youth from Tanga, Batamaloo Srinagar identified as Bashir Ahmad Wani, son of Ghulam Nabi Wani went to market and thereafter his whereabouts remained a mystery.
Expressing serious concern over his whereabouts his family suspect security forces behind his disappearance and in this connection they met several agencies and also approached the concerned police station but without any success. It is pertinent to mention here that Bashir’s brother was a militant and he was killed few years back in an encounter and Bashir himself was once arrested and released after few years.
NEWS IN BRIEF
* MOTHER -SON DUO KILLED IN KUPWARA EXPLOSION
Nov 16: A blast took place on Saturday night in the house of Ghulam Muhammad Bhat of Kanthpora Lolab in Kupwara killing his son Muhammad Ashraf Bhat and injuring his wife Taja who later succumbed at hospital. The explosive device was brought by the house owner to his home from a nearby jungle mistaking it for a toy and it went off as it was being fiddled with.
*TAXI DRIVER SHOT DEAD
Nov 30: Suspected militants shot dead a taxi driver at Parimpora, official sources said. The driver Sajjad Ahmad Badoo, a resident of Chattabal locality, was intercepted by two gunmen at Barthana in the area and fired from point blank range at around 11:15 am. He was immediately rushed to hospital but was declared brought dead.
*ONE KILLED, 12 INJURED IN LAL CHOWK EXPLOSION
Nov 27: As the people were busy celebrating holy festival of Eid-ul-fitr, some persons (suspected militants) struck in the heart of city at Lal Chowk and lobbed a powerful grenade killing one person and injuring twelve others. At about 12: 30 Pm a grenade struck just below the office of The Public Commission on Human rights, where a bunker is situated. According to police version militants lobbed a grenade on the BSF picket at Amirakadal bridge which however missed the target and exploded on the road causing death to one person and injuring 12 others. The deceased has been identified as Randhir Singh of Amritsar who was selling watches at the bund, Amirakadal . Some of the injured admitted in the hospital have been identified as Mishra Lal, Ghulam Mohammad Rah of Batmaloo, Khursheed Ahmad and Bashir Ahmad residents of Lal Chowk. The incident occurred on second day of Eid when streets were bustling with activities. Children were bursting crackers and no body panicked by the noise of grenade as they thought it was a firecracker.
* SHRC ISSUES NOTICE TO IGP
Nov 22: The State Human Rights Commission SHRC chairman justice MA Mir Thursday issued notice to Inspector General of Police (IGP) Jammu and asked him to furnish details about the illegal detention of Javed Ahmad s/o Asan-u-Din of Surankote. Javed was taken into custody by SPO Mushtaq Hussain Shah s/o Zaman Shah. The chairman also appealed media persons and political parties to cooperate with the commission in protecting human rights in the state
* BODY OF STUDENT RECOVERED
Nov 25: The body of Ashiq Ahmad Mir, a ninth class student was recovered from a manhole at Narwara, Idgah on Sunday. According to eyewitness, Ashiq’s body was found handcuffed and bore torture marks on his neck and shoulders. The deceased had gone missing after returning from a local mosque on Saturday.
* ACID THROWN
Nov 5: Unidentified gunmen threw acid on two teenage girls in Lal Chowk Islamabad Wednesday afternoon. The victims were identified as Shazia Sofi of Dewa colony and Usma Najar of Mohalla Mehman. Shazia was referred to Srinagar hospital for treatment.
* PROTEST IN SALROO, PAHALGAM
Nov 22: Residents of Salroo, Pahalgam, staged a protest demonstration to protest against the alleged beating of the residents by personnel of 3RR. The villagers alleged that during a crackdown in Salroo, 3 RR personnel beat the locals who have been identified as Ghulam Ahmad Sheikh, Ghulam Ahmad Khatana and a lady Sameena.
* 19 YOUTH ARRESTED
Nov 30: Police Saturday arrested 19 youth from Batapora and Tanga Chatter in Kangan. Personnel stationed at Ganderbal main market rounded up 19 youth of the area. The arrested were beaten in public gaze and were later taken along. Those arrested include Imtiaz Sheikh s/o Mohammad Jamal, a tailor by profession, Mehrajudin Khan s/o Muhammad Abid Bhat (student) and Abdul Hamid Ganai, a medical shop owner. The residents of the area alleged that the youth were arrested without any provocation. They sought the intervention of the authorities to release the arrested persons. The parents of the 12 out of 19 have registered an FIR at Kangan police station.
* STUDENT DETAINED
Ashiq Hussain, 19, son of Babgam Pulwama was detained by army camped at camp at Gatipora, Shopian on Saturday morning when he was traveling on his tractor (JK13-0131) from Babgam Chandangam in Pulwama to Zahkan for some farming work according to his father, Abdul Ghani.
BSF PULL OUT BEGINS IN VALLEY
Border security force has started to pull out of Srinagar and will be replaced by Central Reserve Police Force. The Border Security is being moved out of counter insurgency operations as part of a government policy to reorient it as a border force. The pull out has started and in the first phase BSF will move out from the north of river Jhelum in Srinagar, a senior BSF officer said. “It will take us 15 to 20 more days to complete the first phase pullout from parts of Srinagar, he said. Battalions of the Central Reserve Police Forces have begun arriving in Srinagar, official sources said.
WOMEN CHILDREN KILLED
Nov 1: A woman was killed when a alleged Pakistani artillery shell exploded outside her house at village Tad near Line of Control (LoC) in Karnah sector of Kupwara. The deceased was identified as Sharbat Begum of Kupwara.
Nov 4: Two women were killed when alleged Pakistani artillery shell at Chuntiwari exploded near Line of Control (LoC). The deceased were identified as Khatija, 35, w/o Nazir Ahmad Tantaray Miamoona Akthar daughter of Abdul Rahim.
Nov 8: Unidentified gunmen killed two women at two separate places of Rajouri district. Gunmen whose identity was not ascertained shot dead Khalida d/o Mohammad Latief inside her house at Ghambir, Mughal, Manjakoot in Rajouri district. Another woman identified as Bago Begum was shot dead by unknown gunmen at Morha, Kotranka in Rajouri later in the evening.
Nov 10: A minor boy of 15 years old lost his life when he accidentally stepped over a landmine at Chui Drahman village Marwah area reportedly planted by militants to target troops. The deceased was identified as Bilal Ahmad son of Sultan Ahmad of at Chui Drahman.
* A woman identified as Neha, 30, w/o Kasturi Lal of Punjab succumbed to her injuries received in Akhnoor shoot out.
Nov 14: Dead body of a woman who was kidnapped by unidentified gunmen on 13th Nov while she was on her way to the hospital was found in Rajouri. The deceased have been identified as Tasleema w/o Abdul Hamid Bhat of Chaklporu, Shopian. Meanwhile, one more dead body of a woman was recovered by the Nawgam police from fields of Chake-e-Arsenal in Nawgam village of Chadoora district Budgam.
Nov 14: Gunmen reportedly forced their entry inside the residential house of Abdul Rehman son of Ghulam Rasool of Singpora, Pattan and opened fire indiscriminately. This firing killed Abdul Rehman on the spot, however, his daughter later succumbed to her injuries.
Nov 16: Wife and child of Ghulam Mohammad died in an explosion inside their home at Lolaab when they were fiddling with it. The explosive device was brought home by Ghulam Mohammad from a forest mistaking it as a toy. Ghulam Mohammad’s son was identified as Mohammad Ashraf, however, his wife’s name has not been ascertained.
Nov 17: Unidentified gunmen strangulated a teenager girl to death at Tanatagon area of Gandoh area of Jammu provision. The deceased has been identified as Akthar Bano, 17, daughter of Nazir Ahmad.
Nov 21: A woman at Dawar area of Gurez, Baramulla lost her life when Indo Pak soldiers exchanged cross border shelling. The deceased has been identified as Afroza Bano.
DATE
EXTRA JUDICIAL EXECUTIONS
WOMEN KILLED
CHILDREN KILLED
ALLEGED DISAPPEARANCES
Nov 1
-
1
-
-
Nov 3
3
-
-
-
Nov 4
-
2
-
-
Nov 6
1
-
-
Nov 8
-
2
-
-
Nov 10
-
1
1
-
Nov 11
-
-
-
1
Nov 14
-
2
-
-
Nov 15
-
1
-
-
Nov 16
-
1
1
-
Nov 17
-
-
1
-
Nov 19
1
-
-
-
Nov 21
-
1
-
-
Nov 25
1
-
-
1
Total
6
11
3
2
KILLINGS IN THE MONTH OF NOVEMBER
DATE
SOLDIERS
MILITANTS
CIVILIANS
OTHERS
Nov 1
1 JCO
10
1
-
Nov 2
1
6
2
-
Nov 3
-
7
-
-
Nov 4
3
8
2
1 PDP activist
Nov 5
-
4
3
1 NC activist & 1 Range Officer
Nov 6
-
11
5
-
Nov 7
-
3
1
1 PDP & 1 Congress activist
Nov 8
5
8
4
-
Nov 9
1
11
2
1 Ikhwani
Nov 10
1
10
4
1 political activist
Nov 11
1
12
3
-
Nov 12
-
4
-
1 former CPI (M) activist &1 renegade
Nov 13
1
4
-
-
Nov 14
-
3
4
-
Nov 15
2
8
3
-
Nov 16
5 (1 Captain)
6
3
-
Nov 17
1
1
3
1 political activist & 1 VDC man
Nov 18
2
1
-
-
Nov 19
2
1
-
-
Nov 20
2 (1 Major)
1
-
-
Nov 21
1
6
3
-
Nov 22
-
-
1
-
Nov 23
-
5
1
1 army ex-serviceman
Nov 24
1
-
3
-
Nov 25
2
5
-
-
Nov 26
5
1
1
-
Nov 27
1
4
1
1 ex-police official
Nov 28
3
4
-
-
Nov 29
2
1
3
-
Nov 30
4 (1 Major)
1
-
1 political activist
TOTAL
47 (4 Officers)
146
53
14
CHRONOLOGY OF NOVEMBER INCIDENTS
Nov 1: Ten militants, a Junior Commissioned Officer and a woman were killed in various incidents of violence across the state.
Nov 2: Six militants, a soldier and two civilians were killed in violence related incidents.
Nov 3: Seven militants were killed in various incidents of violence.
Nov 4: Eight militants, two soldiers, a senior activist of ruling PDP and two women were killed in separate incidents.
Nov 5: Four militants, a National Conference (NC) activist and Range Officer, PHE employee and two civilians were killed in separate incidents.
Nov 6: Eleven militants and five civilians were killed in different incidents of violence across the state.
Nov 7: Three militants, PDP & Congress activists and a civilian were killed in separate incidents of violence.
Nov 8: Eight militants, four civilians and five soldiers were killed in various violence related incidents.
Nov 9: Eleven militants, two civilians, a soldier and an Ikhwani died in separate incidents of violence
Nov 10: Ten militants, a PDP activist, four civilians and an SPO were killed in different incidents of violence.
Nov 11: Twelve-militants¸ army man, three civilians were killed in different incidents of violence.
Nov 12: Four militants, a former CPI (M) activist and a pro-govt. militants were killed in separate incidents of violence.
Nov 13: Four militants and a soldier died in separate incidents of violence.
Nov 14: Three militants and four civilians including two women were killed in different incidents of violence across the state.
Nov 15:Eight militants, two soldiers and three civilians died in separate incidents of violence.
Nov 16: Five soldiers including an Army Captain, six militants and three civilians were killed in various incidents of violence.
Nov 17: One militant, soldier, a Village Defence Committee member, PDP activist and three civilians including a girl were killed in various incidents of bloodshed.
Nov 18: Two soldiers and a militant were killed in different incidents of violence.
Nov 19: Two militants were killed in separate incidents of violence while a boy was allegedly killed by
troops in the state.
Nov 20: Two soldiers including a Major and a civilian died in different incidents of violence.
Nov 21: Six militants, soldier and three civilians including a woman were killed in different incidents of
violence across the state.
Nov 22: One civilian was killed and half a dozen received injuries in separate incidents of violence.
Nov 23: Five militants, a civilian and an ex-serviceman were killed in various incidents of violence.
Nov 24:Three civilians and a PSO were killed in separate incidents of violence.
Nov 25: Five militants and two soldiers were killed in different incidents of violence while a youth was killed allegedly in custody of forces in the state.
Nov 26: One soldier and five militants were killed in separate incidents of violence.
Nov 27: Four militants, police sub inspector and a former police official were killed in various incidents of violence.
Nov 28: Three soldiers and eight militants including a militant guide were killed across the state.
Nov 29: Two policemen, one militant and three civilians were killed in separate incidents of violence.
Nov 30: Four soldiers including a Major, a National Conference activist and a militant were killed in
separate incidents across the state.
The Informative Missive
Published by
PUBLIC COMMISSION ON HUMAN RIGHTS
The Bund Amira Kadal, Jammu and KashmirPhone: - 91-194-2482820
Fax: 91-194-2478464
E-Mail: p_imroz@yahoo.co.in
Web: www.jkccs.org
website designed
by Shoeab Afra
e-mail:
shoeab_afra@yahoo.co.in