The Informative Missive Published by PUBLIC COMMISSION ON HUMAN RIGHTS

Editorial:
EU GUIDELINES ON PROTECTION OF
HUMAN RIGHTS DEFENDERS

    Visiting diplomats, often ask whether the Human Right Defenders (HRD) in the valley face any prosecution from the government. Probably they mean whether the human right defenders are arrested, killed and their right of expression is curtailed by the state. Mostly these queries are from the diplomats from the European democracies.

    Since the 2000 European Union (EU) forum have been working towards the protection of the human rights defenders. The Observatory constituted for the protection of HRD has submitted the set of recommendation for the counsel of EU of working groups in March 2004. More recently, on April 12, 2004, Observatory, and other international NGO’s involved in the Human Rights Defenders, participated in a meeting connived by the Irish President in Dublin, entitled “Towards the Development of EU Policy and Human rights” and the guide lines provide for: -

    An important role for EU heads of some mission, which are to address the situation of Human Right Defenders. “In their reporting, noting in particular the occurrence of any threats or attacks against defenders” and which “should made recommendation to COHOM for possible EU actions including condemnation of threats and attacks against human rights defenders, as well as for demarches and public statements where human rights defenders are at immediate or serious risks”.

    An important role for EU Mission in third countries (Embassies of EU Member States and European Commission Delegation), which will maintain suitable contacts with human rights defenders, including by receiving them in Missions, and visiting their areas of work and appoint specific liaison officers, where necessary on a human sharing basis, for this purpose. The inclusion “where relevant”, of the situation of human rights defenders in the human rights component of political dialogues between the EU and third countries and regional organisations. The EU will underline its support for human rights defenders and their work, and raise individual cases of concern whenever necessary. The strengthening of existing regional mechanism for the protection of human rights defenders, efforts to ensure that human rights defenders in third countries can access resources including financial, from abroad.

    Though the measures taken by the EU are commendable to ensure the defenders in the third world countries, particularly in the conflict areas like Kashmir where Human Right Activist had been killed by the both by the state and non state actors. Besides protection of the Human Right Defender the other factors are how Government is using the other “means” to curtail their activities. Government’s is now smart enough in doing so. They need not go to first option, which will put them on dock before the international communities because the Human Rights have become global issue now. Human Rights is an expensive work and needs lots of financial resources and human resources for documenting, dissemination and training etc. The Government of India is using the other option that is to chock the finances of HRD. Who they considered “dissidents” and the “Over ground Activities” of militants. So is the case in Kashmir. The Foreign Contribution Regulation Act (FCRA) is weapon in this behalf. Forcing the human right groups to raise the local funding which is not enough for meeting the requirements. The Government is also floating their own parallel human right organisations and leaves no stone unturned to discrete the “dissidents”. Notwithstanding, the guidance lines of EU, even the EU missioners in New Delhi are reluctant to provide the resources to such groups for the reasons they don’t want to strain the relation with the Indian government. Even some diplomats have candidly admitted that they are unlikely to provide the funding to groups like us without getting the consent from Indian Government. It makes mocker of this guidelines but over all we appreciate the guidelines as far the SOS concern for the Human Right Defenders who are working while watching their backs.

ANOTHER CUSTODIAL KILLING

    Manzoor Ahmed Bhat was detained four times under Public Safety Act (PSA) since 1991 to 2002 and finally he was killed in a fake encounter on17th August 2004.

    Manzoor Ahmed Bhat S/o Abdul Majeed Bhat R/o Dangerpora, Anantnag was an activist of Jammu and Kashmir Liberation Front (JKLF). He was first booked under Public Safety Act (PSA) in 1991 for two years. His detention order was quashed by the High Court. He was again booked under the PSA in 1993 for 18 months. The High Court again quashed his detention under the PSA. For the third time again, he was booked under Public Safety Act for 2 years. This time also the High Court quashed his detention order. Instead of releasing him, Manzoor Ahmed was booked for the fourth time under the PSA. 17 cases were filed against him in the Terrorist And Disruptive Act (TADA) court, Jammu. And out of which he got acquitted in 15 criminal cases and in the remaining two cases (302 RPC) in which he has allegedly made confessional statements were pending. Finally in 2002, he was acquitted by the City Munsif (Judicial Magistrate) first class from these cases. After his release, he joined Jammu and Kashmir Democratic Liberation Party (DLP) headed by Hashim Qureshi. But soon he left DLP and joined the Mahaz-e-Azaadi led by Mohammad Azam Inquilabi, a pro-Geelani political party.

    According to the family sources, on 17th of August, the Special Operations Group (SOG) arrested him at 5:45 pm near Pradesh Congress Office, Moulana Azad Road, while driving a Maruti Car. Thereafter, he was detained in the Air Cargo office of the SOG and then on the same night at 9:50 pm, the SOG claimed that near Parimpora road the Border Security Force (BSF) and SOG warned a passing Maruti car to stop for the checking. According to SOG version, he did not stop and got killed in the firing. An FIR was filed in the Parimpora, Police Station. The relatives alleged that there were no bullet marks on the car nor there were any bloodstains inside the car, which could have led credence to the SOG and BSF version. The only thing found was the broken rear window glass, which relatives believe was broken to conceal the custodial death.

    The car, which belonged to the friend of Manzoor, was released by the court. The mother of the slain political activist, Saleema approached the Police Station Parimpora for filing an FIR, which they refused to register.

    On the same night Police raided the house of Manzoor Ahmed and his younger brother Sameer Ahmed Bhat was detained. Sameer has been booked under PSA for two years.

    Way back in 1993, Manzoor’s younger brother, Sajaad Ahmed Bhat, 21, student of 11th class was arrested from his house by the 2nd Rashtriya Rifles. He was also a militant of JKLF but had given up the militancy and even he was earlier arrested and released. Three years after he was re-arrested and was tortured by blue lamp stove. During torture when his condition got deteriorated he was taken to 92 Base Hospital in Srinagar where he succumbed to his 90% burn injuries. The army refused to allow the post mortem of his body. The dead body was brought to home at mid night and the family members were forced to give him the quick burial. Against the torturous death of Sajaad Ahmed Bhat his father Abdul Majeed Bhat filed a FIR against 2nd RR in Police Station Anantnag, under 302 RPC. As expected nothing has happened regarding this case.

INTERNATIONAL DAY OF DISAPPEARED
APDP threatens to set a public tribunal

    30th August: Like every year, this year also the International Day of Disappeared (IDD) was commemorated on August 30th in memory of the enforced or involuntary disappeared persons (EID) of Kashmir. On the eve of IDD the Association of Parents of Disappeared Persons (APDP) assembled at Hotel Taj in Lal Chowk - Srinagar. Hundreds of relatives from different districts of the state participated in the commemoration and recalls their dear ones subjected to enforced disappearances by various law enforcing agencies since 1989. On that day the speeches were delivered by some well-known human rights activists like Parvez Imroz, Zahir-ud-Din and Parveena Ahangar and an appeal was made to the international community to take note of the continuous phenomenon of enforced or involuntary disappearances in Kashmir. The patron of the APDP, Parvez Imroz pegged the number of disappearances in between 8-10000 and since the new government took over (Nov 2002) the number admitted by the patron was 141. The association condemned the police version, which claims that most of the missing persons have gone to Pakistani Administered Kashmir (PaK) for training and most of the persons mentioned in the list of APDP has returned to their home. In police version it is further stated that 26 cases are under investigation and 6 people got killed, the relatives have not recovered the bodies of the 6 people. It was further stated that the present regime is only probing into the disappearances taking place since the present government came into the power and not all the disappearances taken place since 1989, as promised by the present government.

    On 30thAugust, the APDP apart from reiterating their earlier demands to the government said that regime failed to appoint the commission to probe the entire enforced disappearances taken place since armed conflict erupted. APDP threatens to set a Public Tribunal comprising retired Judges, human rights activists and prominent social activists from India and the state of Jammu & Kashmir to probe into the phenomenon of disappearances in the state of Jammu & Kashmir. Most likely the Peoples Tribunal will be set on next year in Srinagar.

    The relatives of the victims of EID (Enforced Involuntary Disappearances) unfolded the ordeal and the suffering they are facing since their dear ones were subjected to disappearances in front of the electronic and print media. The relatives gave vent to their feelings and expose the indifference of the government towards the phenomenon of EID.

    The APDP received number of solidarity letters from various human rights organisations campaigning against the crime including Asian Federation Against Involuntary Disappearances (AFAD), Amnesty International etc.

RAPED DODA GIRL RELATES HORROR

July 31: An eleven-year-old girl allegedly raped by the troops of 8 Rashtriya Rifles (RR) in Koontwala, Kishtwar in Doda district revealed her woeful tale.

A patrol party of 8 RR kidnapped a girl Shabnum Bano, 11, D/o Nazir Ahmed Lone and raped her in a house in Koontwala, Kishtwar. After committing the act, troops handed over the minor to the Kishtwar police who got her examined at District hospital Doda.

The physical and mental state of Shabnum was miserably bad when she recounted the incident.

ARMY REFUTES NEWS
The army has refuted the news “Raped Doda girl relates Horror”. According to the defense spokesman, troops of 8 RR had laid an ambush in the Ingwan Gali on the Bhart Bridge in Doda on July 23 wherein they had inputs of militant movement. At 9pm, the troops noticed some suspicious movement by a group of people and challenged them. However, the group immediately brought down heavy fire on the troops resulting in an encounter. Once the firing stopped, bodies of two militants were recovered from the site. The militants were identified as Bashir Ahmed S/o Ghulam Mohammad Bhat of Dewal Gundana and Mohammad Salim S/o Ghulam Mohi-ud-Din of Abli Masiri Gundna. The army also recovered some ammunition from the spot. On further search of the area, the troops found a girl hiding in the nearby jungle. The girl identified as, Shabnam Bano D/o Nazir Ahmad of Kuntwara revealed that she along with two girls were abducted by four militants of HUJI from the outskirts of Thatri village. DIG police Doda – Udhampur range at Doda also questioned the girl on July 24th and the girl reported no such incident to DIG.

Another woman Parveeza Akthar w/o Mushtaq Ahmad Bhat of Marmat Doda and her minor brother Mohammad Ismail, were picked up and purportedly tortured by the troops of same battalion at their camp. Parveeza’s bloody eye bears testimony to the brutalities of the troops.

Two more victims of the same area were tortured consecutively for six days by the troops. The victims were sisters in relation and were identified as Shameema Bano and Amina Bano, one of whom is crippled. The sisters were subjected to worst physical abuse.

POLICE UNAWARE ABOUT ARMY HEADQUARTERS OF 15 CORPS

Srinagar, Aug 6: The Jammu and Kashmir High Court has censured the police for delaying investigations into a case of custodial killing on the pretext of not knowing the location of headquarters of army’s 15 corps. “I am not satisfied with the police version in the court at every hearing that Union of India was not co-operating”, Justice Gandhi observed, adding that Station House Officer (SHO) Tangmarg, Baramulla and the SSP concerned were writing letters to authorities in New Delhi to know the location of 15 corps headquarters. “They are doing this for the reason that they want nominal role of the unit that has taken and killed person in custody”, Justice Gandhi found.

“The investigation officer is sitting over the investigation, he will expedite the investigation process and submit a progress report within three weeks time”, the court further said. The SHO, when asked in the court whether he knew the location of 15 corps headquarters, he replied it is at Batwara, Srinagar. Taking strong exception to this, the court directed the SHO to visit the unit and collect evidence about the killing of Abdul Majid Khan of Kanipora Tangmarg in a petition OWP No.63/2001, filed by Public Commission on Human Rights (PCHR) which had stated that on January 8th, 2001, troops of 59 RR led by a Major barged into his house and asked her mother Fata about Abdul Majid Khan, 52, a chemist by profession. The troops asked him to show his drug license, which he readily did. The troops took Khan along and next day his dead body bearing visible marks of torture was found. The incident evoked widespread protests forcing police to lodge First Information Report (FIR) against the culpable troops.

However, the non-action of the police against the troops compelled Majid’s family to approach PCHR to take legal action. Majid’s mother Fata filed a petition in the High Court with human rights activist Parvez Imroz, her counsel.

MACHOO RESIDENTS PROTEST DETENTION OF
FATHER-SON DUO

Machoo, Aug 9: Massive protest was held against the detention and alleged custodial torture of a teenager and his father by Rashtriya Rifles (RR) at Machoo, Budgam. The protesters also chanted slogans against the state government.

    Protesters alleged the troops were falsely implicating Abdul Majid Gabroo (a mason) in a case of links with militants and claimed recovery of explosives. Majid, who gave up militancy and was working as a mason with Military Engineering Service, was picked up by troops of 53 RR on Aug 7th. Around 5:35 pm, “I got a call. The caller told me that I should come to the Bye pass Bridge at 6:30 pm and if I failed to come, than my father’s life would be in danger,” Sameer Ahmad Bhat, Majid’s son alleged. He further alleged that caller asked him to come alone or else your father would be killed.

    As he went towards the spot, his mother informed Chanapora police station about the incident where the Station House Officer, Mohammad Yousuf told her, “your son has already left as per the directions of the caller. If you had come earlier, we would have nabbed those who picked up Sameer”. In the police statement, the family reads complicity with the caller. After Sameer reached the spot, he was whisked away in a white Maruti car without registration number (the method is employed by government gunmen working for army). “There were four gunmen in a civvies who put a blindfold around my eyes”, Sameer alleged. He was taken to RR camp at Nagam.

    “I saw my father with blood stains on his head. He was ruthlessly beaten up in front of me and I was also given a severe beating. They tied my hands with rope. I wasn’t allowed to sleep for the whole night. All the time they were demanding information about militants”, Sameer added. Sameer was released on the night of August 8 few Kms away from his house.

    As soon as the villagers came to know about the incident they thronged on the streets and held massive protest. Abdul Majid was also handed over to the police. At the police station, SHO Mohammad Yousuf read a list of allegations against Majid that include recovery of 70 Kilograms of RDX and 4 detonators from his house on August 7. Terming it a big lie, Majid’s wife said, “When the troops raided the house on the night of Aug 7, they dragged Majid out and I tried to resist. I saw a group of troops dropping gunny bags on the staircase. Now they are claiming there was some explosive material in those bags”.

    Spokesperson of Victor Force confirmed Majid’s arrest and about the allegations of the family members and the neighbours that the “RDX was placed in the house” he said, “People can say anything.”

CHECHI’S REARREST EVOKES PROTEST IN SADDAR COURT

    On 28th August there was a nearly law and order problem in the district court. Police personnel on the one hand where pulling a detainee and on the other hand the lawyers were resisting his arrest. The additional session judge court already bailed him out on that day. Naki Mohammad Chechi s/o late Sardar Mohammad Chechi r/o Hatlanga, Uri, Baramulla was first arrested on April 2003. When he has going to hospital for treating infection of his left amputated leg. He was booked in the FIR 71/2003. Later he was bailed out on 3-7-2003.

    After furnishing the bail bond. Despite, getting bail from the court he was not released. But booked under J&K Public Safety Act on 28-2003 issued by District Magistrate, Srinagar.

    Chechi’s wife before the high court challenged order of the detention. High court quashed his detention order and directed that the detenue should be released that the order dated 3-8-04 was communicated by the Deputy Registrar, high court of J&K Srinagar to the Superintendent Central Jail, Srinagar vide no 5224 dated 10-8-04.

    However, despite the service of the said order the respondents did not released the detenue and kept him in unlawful detention without the authority of law.

    Finally on 21-8-04 when the detenue was produced before the Additional Sessions Judge, Srinagar in the case registered against him under FIR No. 71/2003. The court after finding that the detenue was innocent and was physically handicapped and disabled, directed his release in the open court.

    That before passing the order of his release the SP also certified that the detenue was not involved in any other case and he not needed by police for the purposes of any further detention.

    After his release orders the police wanted to re-arrested him and keep him in unlawful detention. They even sent some of the police personnel inside the court to drag the detenue out of the court premises so that he could be taken in the vehicle keeping for said purpose outside the court.

    The detenue came out of the court premises on 21-8-04 along with scores of lawyers. He had his wife and a 3 years old son also with him. However, when he reached at the gate of the Saddar court premises, the Police personnel pushed and pulled him badly. During dragging the policemen snatched the crutch stick and artificial limb of Chechi in scuffle. The attempt of the police however did not materialize because the detenue due to pushes and pulls of the police fell on the ground and became unconscious. The detenue was thereafter taken by the lawyers inside the court premises, where he was given water and massage. It was with great difficulty that the detenue revived after sometime and started weeping bitterly because he was innocent and the police was after him for none of his faults.

    That after regaining himself, Chechi accompany with the lawyers again came out of the Sadder court complex at about 7.30 p.m. but the vehicle of the lawyer in which he was being taken out of the court premises was stopped by the police on the gate of the Sadder court complex and he was dragged out of the car and taken in the vehicle to an unknown destination. Against the said, police whisked away the detenue and since then his whereabouts are not known. The detenue’s wife and child were with great difficulty accommodated by the lawyers in a hotel where they spent the night and on next day they left for home.

    Against his detention the bar association called a general body meeting and the president stated that there is no respect for high court. “The judge should tell the person released that he is still on the mercy of police”

    The lawyers against the Chechi’s unlawful arrest approached to the concerned judge who has granted him bail. Who gave orders to the police station Maisuma. However, the SHO decline the request of judge and demanded the written orders should be given and not the verbal orders.

    Lawyers on the next day observed strike against the police highhandedness and detention of Chechi despite court orders. The petition under 491-A Cr.PC No. 9 of 2004 was filed in the high court. In which they have prayed the police should show the authority under which they arrested the Chechi and disclose where he has been detained. The high court issued notice to the state in the objections the police have stated that the Chechi is involved in interrogation in another FIR No. 1/94 in which one Latif Dar S/o Gh. Ahad Dar R/o Rambagh has revealed that Chechi is habitual border crosser and act as a guide. Besides, Latif Dar, police also alleged the two other arrested militants in the FIR has revealed that Chechi was guiding them in arms training.

    The police have also claimed that Chechi has launched more than 700 men across the LOC for acquiring the arms and ammunition training.

    Police have further alleged that huge arms and ammunition has recovered from his possession in the previous FIR’s and now he is required in another FIR No. 4/03.

    Finally, the police has stated that Chechi has continuously indulging in activities pre-judicial to the integrity and security of the state and will continue doing so, as such will continue to re-detained under provision of Public Safety Act (PSA) for preventing him from any such manner.

A CASE OF TORTURE

    A doctor Syed-ul-Rehman working as (BMO)- was arrested on 7th Aug 2004. He was then brought to Special Operation Group (SOG) headquarter, Srinagar. In headquarter, he was tortured severely when his condition was deteriorated he was shifted to SMHS hospital Srinagar.

    Talking to The Informative Missive in the intensive care unit (ICU) of hospital while bedridden he stated that “Three months before in my clinic at Bandipora. A man left a small packet and requested a person (whom I know, as he is from my village) will collect the packet. Then a person send by the villager came after couple of hours to collect the packet.

    Three months later police arrested me on Aug 7, and after arrest I came to know that the person who left the packet was arrested and was allegedly involved with militancy. I was brought to Rambagh Police Station. Where I was stepped naked and tortured. My right drum was damaged. I was subjected to roller torture and electric wires were fixed to the thumbs of the feet and electric shocks were inflicted”. He further said, “I beg to my interrogators SSP Javaid Farooki that since I am diabetic and I may collapse. The officer under whose supervision it was conducted said, categorically that you admit your involvement in militancy otherwise we can make recovery from you. Which I denied. Two days after I was again tortured and a heavy roller were rolled on my thighs.

    When my condition deteriorates finally after four days, I was shifted to the police hospital where I further developed the complicacies and was shifted to the ICU of SMHS”.

    The doctor showed the torture marks on both of his thighs in presence of the police constable who was guarding him. The doctor was even approached by the medical associations and other employees unions for making it a public issue by giving the strike call. Dr. Syed is in a dilemma as it shouldn’t complicate the matter and hardened the stand of police agencies. Even in the medical file it was inscribed that the doctor has been tortured and is undergoing cardiovascular disorder.

MILITANTS CHOP NOSE, EARS AND TONGUE OF A GUJJAR WOMAN AT GANDOH DODA

Doda: A Gujjar (nomads) woman and her father were kidnapped allegedly by Harket-ul-Mujahideen (HUM) militants from their home at Chilli Gandoh area of district Doda on June 16th, merely for the fault that they had eased the surrender of their kin and his another associate who were active HUM militants on June 2nd.

    Accordingly to police, father and sister of surrendered militant (Abdul Latief) Mohammed Ibrahim and Maryam Begum were kidnapped by the militants from their home at Chilli under the jurisdiction of police station Gandoh on June 16, 2004. “The militants tortured us severely. They kept demanding Rs. 25 lacs as return for the Pikka gun, which my brother had handed over at the time of his surrender. They threatened us for our having eased the surrender of Abdul Latief couple of weeks ago” said Maryam’s father.

    Maryam was kept in a hideout while her father was set free to arrange the money. After the laps of a day, when her father did not return. They (militants) chopped off her nose, ears, and tongue, and threw her in front of her maternal uncle’s house. Where from she was shifted to SDH, Gandoh. Following deterioration in her condition. She was immediately rushed to District Hospital Doda for treatment.

    She remained bed ridden for a long time in a hospital at Jammu and has not recovered out of the trauma yet. Maryam feels scared to go to her village, as the militants have threatened her elimination along with her family. Police have registered the case in this connection under FIR No. 49/04 364/120 RPC 7/27 IAA.

    The Udhampur Army Headquarters arranged a press conference on September 17. Maryam narrated her woeful tale in front of the media persons. Army is highlighting it in order to give it a wide publicity. It was also reported that Maryam was pressured by the army to give the wrong statement that she was kept with the militants for 9 days and was molested. Presently, she is kept at Army orphanage where army is bearing all her expenses.

MENTALLY SICK MAN BURRIED AFTER ENQUIRY ORDERS

Manihal, Shopian Aug 10: The body of mentally challenged Ghulam Hassan Chopan was buried after a magisterial enquiry was ordered. Ghulam Hassan was allegedly shot dead by the troops on Aug 8, when he was working in his orchard. The body of a thirty-five-year–old Chopan was buried in presence of SDM Shopian, Teshildar, SDPO Shopian and SHO Zainapora.

    According to the villagers, the personnel of 1 Para killed Ghulam Hassan when he was working in his orchard. Since he was mentally sick the troops called him, but he ran away and the troops opened fire indiscriminately resulted into his killing. However, the troops claimed his killing in an encounter, which was rebuffed by the locals vehemently. The locals further said, that there was no encounter as claimed by the troops.

    The killing evoked widespread protest. The villagers blocked the road leading to Zainapora and pelted stones on police party who were carrying the dead body for the postmortem. Protestors wanted to take the dead body to the office of Divisional Commissioners, at Srinagar, said a police official. Police party carrying the body managed to escape from the spot but on reaching Chitragam they were intercepted by another group of protestors who damaged the vehicle carrying the body. Later the body was handed over to the relatives of the deceased without conducting postmortem.

    The Deputy Commissioner, Pulwama, Bashir Ahmad Khan, said the protesters were demanding investigation into Chopan’s killing for which he has ordered SDM, Shopian to hold an enquiry. “They (the protesters) wanted to have investigation and I have ordered SDM to start the enquiry and let us see what facts will come out,” Khan said.

BROTHERS DISAPPEARANCE SPARKS PROTEST IN ISLAMABAD

Islamabad, Aug 10: Police on Aug 10, used batons to disperse a mob trying to stage a demonstration against the alleged disappearances of two brothers in the custody of troops in Damhal, Khoshipora. Fifteen protesters were also taken into custody. The protesters were raising slogans against Special Operation group (SOG) and the troops.

    According to the people, two brothers Shahnawaz Ahmad Shaan and Nazir Ahmad Shaan sons of Mohammad Saidullah Shaan, of Damhal Khoshipora picked up by the gunmen in civvies when they were on their way to Cooperative Bank on Aug 7th. The gunmen who had reportedly came to Achabal in a Sumo vehicle bearing registration number JK03 4787 picked up the duo in the broad daylight. Thereafter, their whereabouts are still not known.

    Shahnawaz, as per the family members is a contractor and Nazir Ahmad a teacher in a private school.
“My sons are innocent, please tell me where they are lodged, I want to meet them,” the mother of the duo said.

    The ADC Islamabad said, “ the duo has been picked up by the non-civilian authorities (security forces) and we will bring them soon”.

    He further said, 15 protesters have been arrested on preventive measures and he will talk to SP to release all of them.

KUPWARA VILLAGERS RESENT BEING PHOTOGRAPHED WITHOUT CONSENT

Srinagar, Aug 11: The click of a camera sends shiver down the spine of villagers of the frontier district of Kupwara. Ever since the army photographed men of different age groups, the villagers have been thrown into a state of uncertainty. Police has told them not to worry because, according to police, ‘army is using the pictures for some publications’.

    Hailing from different villages of Kupwara district including Gazeryal, Kralapora, Dardasun and Reshigund, a delegation of villagers from the district told that on July 6, 2003 army personnel entered into their homes and photographed them. "I was not at home when army personnel entered my house, then they inquired about me and took my photograph when I was walking on the road," said a villager.

    What has frightened the villagers is that photographs of only a selective group of men have been shot. "They choose some selected households for photographs, which has terrified us," said an elderly person to The Informative Missive.

    The men photographed include the persons who had affiliation to some separatist parties in the past.
SP Kupwara assured villagers not to worry. "I talked to army officials about it. They need photographs of people of different age groups for some publication," he added.

    Villagers are not convinced at all. They said, if army was in need of photographs why they selected only those persons who had separatist leanings.

    "They could have got such photographs from Kupwara town, what was the need of going deep inside the villages for these. Don’t civilians have personal dignity? Army should know a person’s will before his photograph would be taken," the delegation said.

    In past, villagers said, bodies of some persons were found, as they were killed in mysterious circumstances. "That is why we are worried. And if they use the photographs for propaganda, wouldn’t that discredit us among Kashmiris who have been sacrificing their lives," they added.

    However, SP Kupwara says the issue is not so serious as is being projected. "They came to me and I assured them they are quiet safe and army needs such photographs for some publication", he said, adding that army is publishing books and erecting hoardings for which they need photos of people of different age groups.

NEWSAGENT BEATEN

Srinagar 12 Aug: The troops of Rashtriya Rifles last night allegedly beat up owner of Manzoor News Agency, Manzoor Ahmad of Mohan Pora, Pakharpora. Reports said that troops barged inside his house and said militants had taken shelter there. They dragged Manzoor and beat him up severely.

HR AGENCIES SUPPORTING MILITANTS: SHARMA

Jammu, August 15: Without naming any particular organization, Deputy Chief Minister, Mangat Ram Sharma accused various human rights organisations, working in the state, of supporting militants’ cause and ignoring the actual violations.

In his address on the eve of Independence Day at Mini Stadium at Jammu, Sharma said, the human rights organisations are only supporting militants and their organisations. "Koi Militant Ya Us Ka Rishtadar Marta Hai to Wo Human Right Violation Ban Jata Hai Laken Jab Koi Foji Jawan Marta Hai to in Lagoon Ke Samnee Ye Koi Violation Nahin” (When a militant or his relative die, it means HR violation for the HR groups but when a security personal is killed, they witness it like mute spectators", Sharma said adding these organisations are also ignoring the actual rights violations in the state on the hands of militants.

RED TAPE BLOCKS COMPENSATION TO SHATTERED FAMILY
3 children of murdered father denied relief recommended by SHRC

    Abdul Salam Bhat, a labourer was picked up by D-company of 78th Battalion on Jan 17th, 1993. During a search operation in his native village Qaimoh he was arrested. And next day police recovered limbs, head and some parts of his abdomen from three different places of Qazigund area. Bhat left behind his three small kids.

    The mother of these ill-fated kids married another man and their responsibility was shouldered by their stepfather.

    Investigations for one and a half year by Crime Branch of Police established the case of murder against the ten BSF personnel of the company including their Officer (Reported by Greater Kashmir; Aug 3, 1994).

    The case was later handled by SHRC and finally closed on June 14, 2002, with the recommendation to the Chief Secretary that the children of the murdered man should be given a compensation of five lakh rupees.

    The decision was announced by SHRC keeping in consideration the “plight of the victim’s family, comprising three minor children with no breadwinner”.

    The Chief Secretary referred case to State Home Department where the red tape is denying the bereaved the recommended compensation

“The Human Rights section of Home Department told me that they have never given that amount in compensation to any body and that the case looks hopeless. They are saying that my brother wasn’t worth that much of money”, said Mohammad Ramzan Bhat, (brother of the victim). The hype given to the SHRC recommendation two years back in media drove a wedge between Mohammad Ramzan and his relatives.

CASE OF ENFORCED LABOUR

    Sobiha Paswal was allegedly taken by the forces as forced labour and was made to do excess work due to which he collapsed and later died. Apparently, he could not bear cold temperature, as he remained lying under the open sky for more than 12 hours.

    Giving details to The Informative Missive, Nazir Ahmad (Sobiha’s cousin) said that he along with Sobiha was taken for forced labour by the army on that fateful day.

    “On 19th December 2003, at around 7:00 a. m army entered our houses and took our identity cards”.
“Fourty people were picked from the village Tangmarg by the army. They (army) needed us to accompany them in a rescue operation of their persons trapped in snow from the upper reaches of the mountain. We had faced such situation as well before. Army has used our services free and frequently earlier also, as they have the power to suppress our voices through the power of gun. Instead of a rescue operation, it turned out to be the same old forced labour case, we had to shift the army equipment from Kongwatan area to Sadho Shopian camp with approximately 3 feet snow around us. Most of the villagers were scantily clothed and hungry, they picked the villagers in the wee hours of morning when they were sleeping. We made 3 rounds up and down from the mountains of Kongwatan to Sadho Shopian, with empty stomach and without any break. Most of the villagers faced fatigue, but had to continue with the work in order to save themselves from the wrath of the army. It was at 8.45 pm, when we called it a day and asked the army at Sadho Shopian to give us shelter for the night, as it was too late for us to go back to our places and some persons were still missing. We would wait for their return. But army did not allow us to stay there and ordered to leave immediately. We were left with no option except to head back to our respective places. At least 7 persons were missing. But we were helpless. Next morning at 10 a.m, we found all the persons taken for labour had returned back except Sobiha. We went in search of Sobiha and found his dead body in the mountains,” said Mohammad Mansoor (a local school teacher).

    “Nobody came to rescue him as he had collapsed during the work. Army could have saved him but they didn’t and left him to his fate” said Nazir. “We (villagers) took to the streets and protested against the oppression of the army.

    On 21st December 2003, Additional DC Islamabad came and assured that the culprits would be brought to the book and people would not be harassed and suppressed anymore. He also announced relief of Rs. 250 on a monthly basis for the family but we were given Rs. 250 once and that was it. The first time became the last time,” said Razia (Sobihas seven month pregnant wife).

    Superintendent of Police, Kulgam Hansraj Parihar visited the family and gave Rs. 10,000 and 50 kg rice, 20 kg flour and 20 litres kerosene.

    Sobiha was staying with his in-laws and after his father-in-law Bashir died last year he was the lone bread winner for the family, we are literally starving,” says Misra (Sobiha’s mother-in-law).

    Army filed the FIR with the Damhal Hanjipora police station and claimed that Sobiha was a paid labourer and died because he could not withstand the low temperatures plus the load of the work.

    A week after the incident (25th December 2003), “army cordoned off the area and started beating us for our resentment and protest on Sobihas death. And told us to keep quiet or face the ‘music’. Damhal Hanjipora police officials also showed callous attitude, instead of taking ‘the army to the task’, they started rebuking us that we are illiterate, good for nothing fellows who only know to create nuisance”, said Bazeer.

    “Local MLA Aziz Zargar (Agricultural Minister) never visited the area to sympathise with the bereaved family, but during the election time he came and asked for the vote,” says Arshid (a local resident). “On the last three days of March, 2004, we were made to work forcibly again by the army. This is our plight, what will we expect now, we are left with no option except compromise, ‘compromise with our life’,” protests Noor Mohammad (a senior resident).

7 YEARS AFTER DEATH, MILITANT’GETS
CLEAN CHIT FROM ARMY

Srinagar Aug 4: In an irony of fate, a youth who underwent a detention of two years under Public Safety Act has been absolved of any involvement in militant activities by army, seven years after his death. Abdul Majid Parry s/o Ali Mohammad Parry of Ujgan, Islamabad was given a non-involvement certificate by one Major Abam Hangal in April this year on behalf of 36 RR.

    Majid was picked up by troops on Nov, 23, 1995. Detained under PSA for two years on charges of being involved in militant activities.

    SSP Islamabad in his report had dubbed Majid a militant saying he was involved in a number of cases for which FIRs stood registered in police station Islamabad. But not a single charge could be established against Majid, sources said.

    He was released in 1997, after serving a two-year term .In November that year some unidentified persons killed Majid. Contradicting the claims of Army, the SSP Islamabad last year in his report to Deputy Commissioner, Islamabad stated that during the course of investigation it came to surface that Abdul Majid Parry was a Hizbul Mujahideen militant.

    The Deputy Commissioner Islamabad, acting on the police report, had last year rejected the claims of Majid’s father for ex-gratia relief and benefit under SRO 43. Majid’s family approached the State Human Rights Commission (SHRC) in June this year (2004) and the commission, after taking into consideration all aspects of the case, recommended ex-gratia relief and compassionate appointment to a family member of Majid under SRO 43. The recommendation has been sent to the state govt. for implementation.

    The commission after investigation into the case claimed to have come to the formidable conclusion that after his release, Majid had not only left the company of the militants but also joined army and was working with them. The commission concluded that Majid was guiding army forces in search and cordon operations and his activities irked militants. On November 5, he was picked up by unidentified gunmen and shot him dead. Abdul. Majid Parry was killed and thus the commission finds it a fit case for ex-gratia relief.

ARMY ‘FORCES’ PEOPLE TO HOIST TRICOLOR IN HANDWARA

Handwara, Aug 12: Handwara town in north Kashmir is festooned with tricolours whose Saffron is light Orange and Green of any shade between parrot green and cobalt blue. Ashoka wheel has only four spikes in some of the flags and if at all visible, drawn by a HB 4 pencil on one side only. Parameters don’t matter: Army wants the flag hoisted on every shop, vehicle, horse carts, and motorcycles too. Disobedience would mean public beating.

    For Ghulam Ahmed Sofi, 45, a tailor, it’s time to make some quick bucks. He sews and sells at least a dozen tricolours a day. An ardent supporter of separatist People’s Conference leader Sajjad Lone, whose large portrait he has prominently displayed in his tiny shop, Sofi said: "How can we defy the (Army) orders when even the relatives of (Forest Minister) Ghulam Mohi-ud-Din Sofi haven’t been spared?" He has raised two small flags outside his shop.

    At a distance of fifty meters is the chain of shops owned by the minister’s family who declined to raise the flag on their outlets till August 11, but finally bowed before the uniformed men on August 12.

    "The troops of 21 RR came yesterday (August 11) and ordered us to erect the tricolour on our shops. We took it lightly. However, they firmly told us to comply with their orders," Abdul Qayoom Mir, a salesman at Sofi Cloth House, one of the shops owned by the minister’s family, said. "We would have faced the music (of the troops) if defied their orders."

    The soldiers, according to Mir, know the shops that lie in front of a huge RR bunker belongs to the Minister’s family. "But they don’t care; we had to raise on the flag on our four shops and office," Mir added.

    The residents say hoisting the flag is an annual ritual for several years on the eve of Independence Day celebration on August 15.

    From August 1, the troops, they said, undertook massive preparations across the entire frontier town for the big day. From roadside tea-stalls and cobblers to fruit vendors and grocery stores, the soldiers of 21 RR, that controls the Handwara town, issued "verbal orders" making it compulsory to prominently exhibit the tricolour, the townsfolk said.

    Abdul Rehman, a Sumo driver said, in Srinagar "I advised the driver of a KMDA bus to raise the flag on his vehicle or face the wrath of the troops. When he couldn’t find a flag in Srinagar, I offered him mine."
Ahsan Bhat, 65, of Khain, Handwara had fixed a small tricolour on a plank of his horse cart. He said, troops had threatened to beat any person riding a vehicle without the flag.

    When the news conveyed to the forest minister, Ghulam Mohiuddin Sofi, said, "there should be no excesses. I would tell deputy commissioner to stop any enforced hoisting of flags."

    A defense spokesman vehemently denied that army was forcing people to hoist flags saying, "in elections people who vote, sometimes accuse army of coercion to evade the wrath of some elements. Such allegations are meant to create divisions."

BAR SAYS TROOPS RESPONSIBLE FOR TEKIPORA ARSON
APPEALS PEOPLE TO HELP VILLAGERS OUT

Srinagar, Aug 4: Holding troops responsible for setting ablaze Tekipora hamlet in Lolab, Kupwara last month, the High Court Bar Association (HCBA) asked people to help the villagers who have been rendered homeless.

    Bar had constituted seven-member team comprising HCBA president and noted lawyer of the valley, Main Ab. Qayoom, joint secretary Mohd. Ashraf Thakur, Treasure, Mohd. Yousuf Dar, Mohd. Amin Bhat Advocate, Majid Jehangir Advocate, Ghulam Nabi, Bogo Advocate, and Showket Hussain Khan Advocate to probe into the incident.

    In its eight-page report, the HCBA said, “on the morning of July 22, troops cordoned off the house of Nabir Ganai s/o Sattar Ganai where the militants had taken shelter. Troops send two locals for negotiation with militants the report said, adding the militants refused to surrender, which angered troops. They (troops) threatened the villagers of dire consequences. Thereafter, troops started operation against the holed up militants and launched mortar shells on the house. Subsequently, the house was set ablaze along with other houses.’’

    The fire caused devastation and within hours more than 20 houses were reduced to rubble, the report said, adding that before the fire brigade reached the spot the damage had already been done. Though the SP and DC Kupwara visited the spot, but failed to provide any relief to the residents, said locals.

    Quoting villagers the report said that the cheques, which were distributed by the Deputy Commissioner Kupwara among villagers, were still pending the clearance. The report said the villagers were without any food and shelter. Their condition is pathetic and is in dire need of help. Though army has provided them some tents and blankets, which is insufficient.

    Bar report said that villagers were victimized because the village has played vital role in the ongoing movement and 70 militants hailing from the village have laid down their lives. Quoting villagers, the report said, “that troops should have targeted the house were militants were hiding rather than setting ablaze the whole village. It was deliberate and troops wanted punish us for our pro-movement approach, the villagers told Bar team. The report said that an army camp nearby village was creating immense problems for the people, whosoever passes by the camp has to go through a search and they have to clear road.’’

    Asking people to help the people of the village, the Bar report said in this hour of distress it was responsibility of everyone to provide financial assistance to the people.

CUSTODIAL DISAPPEARANCE: COURT ASKS POLICE TO FILE FIR

Srinagar, Aug 5: The high court has directed SHO Parimpora police station to register a FIR against an army unit for arresting a person and subjecting him to enforced disappearance.

    The high court direction came following an inquiry report by Session Judge holding army responsible for the enforced disappearance. The high court had directed the subordinate court to conduct an inquiry into the whole incident.

    On March 1997, Abdul Hafiz of Baderwah filled a petition in the court under section 491 of Cr.P.C stating that his son Javaid Iqbal Kemu was arrested by the Rashtriya Rifles at Bemina Bypass. On the night of Dec 2, 1996. The Petitioner stated that on Dec 8, 1996 his son was taken to Nager Baderwah where a raid was conducted on the house of Haqnawaz a medical assistant. On Dec 9, he was taken to the house of Nazir Rafizi and since then his whereabouts are not known.

    After four months of arrest of his son, his father filed the petition in the court seeking whereabouts of his son. Before moving to the court, he on Jan 21, 1997 had also sought intervention of Home Department asking state to disclose information about his son.

    However, the state represented by Advocate Zaffer Iqbal denied the arrest. Following which the high court directed the session court to conduct an inquiry into the matter. Action court to conduct inquiry into the matter.

    After recording the statements, of eyewitness, whose names were mentioned by petitioner, the additional session Judge observed, “the statements of the eyewitness has established the arrest of Javaid Iqbal. ”Holding an army unit then stationed at Bemina responsible for the arrest, the court said the detainee has disappeared in custody of troops.

    After the inquiry report, the high court directed the concerned police station to register an FIR and start investigation. The petitioners case was pleaded by MIR Shafaqat advocate while represented by Additional Advocate General Muhammad Amin Rathore and Anil Bhan.

HIZB MILITANT KILLED IN CUSTODY

Srinagar Aug 25: A Hizbul Mujahideen (HM) militant was allegedly killed in custody by troops at Yoorkhoshipora in Qazigund. However, a defence spokesman claimed that he was killed in an exchange of fire.

Reports said, Tariq Aziz, a Hizb militant was arrested from a cowshed of Mushtaq Ahmad Itoo by troops of 49 RR during a cordon and search operation in the area. Shabnum D/o Mushtaq was also arrested. The locals alleged, Tariq alias Moosa was killed in custody.

A defense spokesman, however, said he was arrested and later a hideout was raided at his behest. He claimed the militants hiding there opened fire at troops. During the exchange of fire Tariq tried to escape but was fired upon and killed.

MILITANT SHOT DEAD
Police says in encounter; Family says in custody

Aug 19: One of the pioneers of the ongoing militant struggle was shot dead by the paramilitary forces. A police spokesman said : “ Lashker-e-Tayeeba (LeT) militant Manzoor Ahmad Darzi alias Manzoor-ul-Islam alias General Ab. Rehman was killed in an encounter in Bemina locality.

However, Jamiat-ul-Mujahideen outfit said in a statement Manzoor was its Divisional Commander for South Kashmir. The police claimed that Manzoor was released two years ago after serving a 12-year detention, was presently a wanted militant. He had been absconding for the last several months. Denying the police version, Manzoor’s uncle, Tanveer Ahmed, said he was neither a militant nor was absconding. “Some days ago he spoke to me on phone and told that he was going to launch his own political party,” Tanveer said. “Had he been a militant why would he put his life to risk by moving around in a car at late night that too near police check-points,” he pleaded.

Manzoor better was known as, Mana Darzi and Manzoor-ul-Islam, rose to fame in South Kashmir in early 1990’s.

NHRC REPORT BAILS OUT FORCES ON JK CUSTODIAL DEATHS
Activist says it is ‘biased and misleading’

Srinagar, Aug 28: The National Human Rights Commission’s (NHRC) latest report stating that no custodial death took place in Jammu and Kashmir during 2003-04 has drawn flak from the human rights activists who term it a “deliberate attempt to bail out the troops. ”The NHRC’s figures released in the parliament on Wed. said countrywide there were 1,462 custodial deaths during 2003-04. The figure for the April 1 to July 31 period this year is already 480, the parliament was told. Uttar Pradesh topped the list with 217 custodial deaths ---18 in police custody and 199 in judicial custody. Even Delhi recorded 25 custodial killings in 2003-04.

    The conflict-ridden Jammu and Kashmir and northeast states of Manipur, Nagaland, Tripura and Sikkim, according to the NHRC, didn’t report a single case of extra judicial death during the period. But, the rights activists say the report is “biased and misleading”.

    “In Kashmir and northeast where the AFSPA (Armed Force (Special Powers) Act) is in operation, the custodial killings are not considered a crime and infringement of human rights which is why the NHRC doesn’t feel it necessary to open its mouth,” said Gautam Navlakha, a prominent Delhi-based human rights activist.

    The NHRC’s virtual clean-chit to the armed forces in Kashmir, the human rights activists say, comes in the wake of unprecedented surge in human rights violations since the PDP-led coalition govt. took over in Nov. 2002 “About 70 persons died in custody or in fake encounters since Chief Minister Mufti Mohammad Sayeed assumed office in Nov. 2002,” said Gautam on phone from New Delhi Saturday. Out of 70 persons, Gautam said, 40 were killed in 2003 alone. “The Mufti government ordered enquiry into 30 cases related to the custodial deaths. In two cases, the findings of which have been made public, it has been established that the deceased were not militants. Despite all this the NHRC has turned a blind eye to the realities,” he said. “The NHRC is sending a clear message that it doesn’t give a damn to human rights of Kashmiris,” Gautam added.

    Parvez Imroz, Chairman, Public Commission on Human Rights (PCHR) said: “We reject the NHRC report as biased and misleading. The commission played an exemplary role during the anti-Muslim riots in Gujrat. But unfortunately when it comes to Kashmir, they always compromise with credibility to safeguard their national interests.”

    “The NHRC has even ignored some of the major cases of extra judicial execution that were acknowledged by the govt. itself,” Imroz wondered. “The blasting of a young bridegroom in Sopore and the killing of five innocents in Chittibandi (in Bandipora) are sufficient to prove the NHRC wrong,” Imroz said. Imroz said the groom, Tahir Hassan Maqdoomi (20), a resident of Tujjar Sharief in Sopore, was picked up by the troops on the first night of his marriage on Sep 12, 2003, and blown up to pieces on September 14, after the troops allegedly tied explosives to his body. The Chief Minister ordered a probe after he visited the house of Tahir. Mufti also announced jobs to Tahir’s widow and his younger brother.
“What for was the probe ordered? And if Tahir was a militant why was his family compensated?” Imroz asked. “How can the NHRC ignore the cold-blood murder of five innocents who were used as human shields to fight the foreign militants in Chittibandi in February this year? Wasn’t it enough to open the eyes of the NHRC?”

    “Furthermore,” Imroz added, “We have received 25 cases of extra judicial killings in 2004 so far.”

PATHRIBAL MADRASSA BOY DETAINED TORTURED ON I-DAY EVE

Islamabad Aug 18: On the evening of Aug 14, less than 24 hours before Independence Day celebrations, a 12-year old boy of a South Kashmir village, a student in a Darul Uloom (Seminary), was detained by the troops and allegedly tortured for nearly two days. According to the family of the child the troops asked him to give up the religious studies at the seminary because the place breeds ‘fundamentalists’ however, army has denied the charges. Liyaqat Ahmad Chauhan S/o Bashir Ahmad Chauhan of Pathribal, Islamabad alleged that he was apprehended by the troops of 7 RR Camp at Panchaltan on August 14, when he was on his way to his home. He studies at Madinatul uloom, Ahpayisan Chattergul in Islamabad district.

“They beat me up with leather belts and tied me to chains. They asked me to give up the Madarassa,” Liyaqat said. The boy was hardly able to speak; his back and arms bore torture marks. He has been admitted in District Hospital, Islamabad. Liyaqat said, “They told me that people send their children to Dar-ul-Aloom to become Jehadis, they said Madrassas only produce jehadis.” Agitated over the incident, the students of Dar-ul-Aloom today took out a protest demonstration against the alleged torture of the boy and marched to the office of Deputy Commissioner, Islamabad. The protesters were demanding probe into the incident.

According to the management and the students of the Dar-ul-Aloom, the Deputy Commissioner assured “ that a probe will be ordered to ascertain the facts and action will be taken if anybody is found guilty.” The doctors, who examined Liyaqat, suspect internal injuries. They have put Liyaqat on tests and the reports are awaited. When contacted, army spokesman Arun Marya said, “ no arrest has been made by 7 RR and it is impossible that Army can detain a minor. If he was detained why haven’t they filed an FIR? The spokesman said, “ A Molvi (Islamic teacher) of a Dar-ul-Aloom in Chattergul has links with militants and he is inciting people to protests.

BIHADIJALAN KILLINGS: POLICE DENIES SF STATEMENT

Islamabad: Two men of Bihadijalan were exhumed from graves in Brenel, Lamar village of Qazigund on 27th July after their families approached govt. saying the men were innocent civilians and not the terrorists of Al-Badr outfit which the troops of 9RR claim have been killed in an encounter on July 17th.After exhumation, a spokesman of Victor Force, the RR command in South Kashmir, told that some documents, including a diary, establishing the link of the killed persons to Al-Badr outfit, were recovered from them and handed over to Qazigund Police Station. However, last week, Qazigund police denied to have received any incriminating document from the RR troops. The revelation has lent a new twist to the killings as the govt. has asked Sub Divisional Magistrate, Kulgam to inquire the incident. Last week, when contacted Station House Officer of Qazigund Police Station for the second time in this particular case, said, “ I have not received anything from the Army except a letter written in English on the basis of which I have lodged a First Information Report (FIR).”

537 DETAINED UNDER PSA IN JK

Srinagar, Aug 19: Five hundred thirty seven persons were under detention last month in the State under the Public Safety Act (PSA), 1978. This was stated by Minister of State for Home Abdul Rehman Veeri in the Legislative Council, here today. He was replying to a question of Panthers Party Chief, Professor Bhim Singh who had raised the issue during the question hour. Among those who have been detained under PSA include Farooq Dar alias Bitta karate and Mushtaq-ul-Islam .The minister said that the PSA provides that a person can be detained for a period of 24 months at a maximum. Rising supplementary, Professor Singh said that he has proof that there are some persons who have been booked for third time under PSA. He added that there is no record of such persons who have been booked more than once under the PSA.

371 DETAINED UNDER PSA

Srinagar, Aug 23: Three hundred seventy one persons of the state are detained under Public Safety Act (PSA) for militancy related incidents and lodged in different jails within J&K. Besides, 340 under trial prisoners hailing from the state involved in militant activities are also lodged within the state. In a written reply to a question, Minister in charge of Home Affairs stated in the upper house today that cases under law have been registered against all arrested individuals for their involvement in militancy related activities. Their criminal cases are either under investigation or sub judice in the courts, it added. Besides the cases of detainees with marginal involvement are regularly being reviewed at various levels as well as scrutinized by the courts. A number of detainees are being released on completion of their detention period under Public Safety Act, provided they are bailed out in the criminal cases registered against them. Similarly, the High Court also orders releases following quashment of detention. Periodically, the list of those under detention is reviewed and based on the guiding principles, the releases are recommended by the review committee.

Asked if his statement could be quoted in the newspaper, he replied, “Why not, when I have not received any document or recovery (arms and other objects claimed by army to have been recovered from the site of encounter) why at all should I hesitate in speaking the truth.” The FIR registered by the Qazigund police station after receiving the letter (bearing no. 228/QPS/ FIR/G dated 17-7-2004) from 9 RR reads: “Based on the information provided by SP Kulgam & own sources multiple ambushes were launched by 9 RR Battalion (Rajput Rifles) along with party of STF, Kulgam. The joint party after observing some suspicious movement in Gujarnard exchanged fire with the suspicious persons. In the ensuing encounter, two unidentified terrorists were shot dead .The documents recovered from their possession established their links with Al-Badar militant outfit. Following items were seized from the possession of the terrorists: UMG (regd.no.742248701) Ammunition UMG belted 50 rounds, Ammunition UMG unbelted 36 rounds, magazines AK 3,ammunition AK 90 rounds, 1 radio set and 5 hand grenades 5 (destroyed on sight).” A lawyer commenting on the case said the law enshrined in the Article (6) of the Armed Forces (Jammu and Kashmir) Special Powers Act recommends that the ‘documents or ammunition ’seized by the armed forces should have been with police Station Qazigund in this case. “ I have not received any document in this case,” said Nazir Ahmad, Assistant Sub Inspector, Investigating Officer in this case. Mohammad Ramzan Thokar, functioning as Acting Deputy Commissioner, Islamabad at the time of the exhumation, said, “The Divisional Commissioner appointed Sub District Magistrate(SDM), Kulgam to probe the matter and submit his report within ten day’s but as yet he has not been able to do the same”. Asked if the SDM has submitted any preliminary report in this regard, he replied, “He has to file the final report only”. But when contacted SDM, Kulgam Farooq Ahmed Khan he ruled out any such deadline. “I have not seen any order mentioning a specific time frame”, he said. About the inquiry report. However, he declined to reveal anything about the report at this stage. It may be recalled that the families of deceased persons Abdul Rashid Kuttay and Ghulam. Mohammad. Naik in their statement to media persons and the investigating officers had said the slain duo was detained by the troops of Eagle Company of Dhaneve Camp (9RR) on July 6th, later killed in a fake encounter in Brenal Village on July 17th. The families had approached govt. for the exhumation of bodies and after many days of delay the bodies were exhumed in the presence of top police and civil officers on July 27th and handed over to the families. Interestingly, President (PDP) Mehbooba Mufti told the bereaved family I know they were civilians. Now, open an account in the name of two widows and I would deposit Rs. 2000 in each.

ALLEGED ENFORCED DISAPPEARANCES

FAMILY DISAPPEARS IN KUPWARA
Srinagar: First ever of it’s kind, a family has been subjected to disappearance in Kupwara district; a local news agency said quoting relatives. The agency said, Salam-ud-Din, 40, son of Shams-ud-Din, his wife Raja Begum, 35 and their two sons Ishfaq, 15 and Mohammad Ishaq, 4, were reported missing for last few days. The mother-in-law of Salam-ud –Din, Khera Begum has blamed govt. gunmen Nazir Ahmad Khatana for the disappearance, the agency said. Police has registered a case and have started investigation.

CUSTODIAL DISAPPEARANCE
Srinagar Aug 8: University student Mushtaq Ahmad Dar, resident of Beerwah,Budgam, is missing since he was picked up by the security forces, Mushtaq’s family said.

Army camped at Beerwah picked Dar from his residence, on August 6th, the witnesses added.
"However, when next day we approached the army camp, the officials denied his arrest", the family rued.
BOY DISAPPEARS

Aug 24: Zahoor Ahmad Akhoon son of Mohammad Rajab Akhoon of Jalal Sahib Varmul is missing for last 20 days. The relatives of the Zahoor have expressed serious concern about his well being and sought intervention from the Chief Minister Mufi Mohammad Syed for knowing his whereabouts.

ARMY JAWAN SHOOTS COLLEAGUE

Jammu, Aug 7: Mistaking an army jawan as militant, his colleague shot him dead at Army Camp, Udhampur. The deceased has been identified as Pardeep Kumar, 20, Army Number14836697-fc/o5171 Army service Corps (ASC) Battalion Krimichi Morth, Udampur. According to the reports, Pardeep was developed with Quick Reaction Team (QRT) squad. He along with his other colleague finished the duty and started marching towards the barrack. He went to attend call of nature & was left behind by the other squad members. He remained alone and while he was walking towards his barrack, the sentry on duty asked him to stop. He didn’t respond to his call and was fired upon by the sentry killing him on the spot.

JAWAN SHOOTS HIMSELF

Jammu, Aug 20: An army jawan allegedly committed suicide by shooting himself with his official weapon during an operation at Kharah near Bathera in Kalkot area of District Rajouri. The deceased jawan has been identified as Sepoy Kala Sathia .He was part of an ambush party and shot himself dead during an operation. A case has been registered in this connection.

COP SHOOTS HIMSELF

Banihal, Aug 4: A police Havaldar shot himself dead in Chanderkote area of Ramban tehsil .The reason behind suicide was not confirmed.

Police sources said that Radha Krishna, a police Havaldar and in charge of Magzine Ward, posted at the Baghlihar Hydroelectric Project, Chanderkote shot himself dead with his service rifle. He was shifted to Emergency Hospital, Batote where he was declared dead by the doctors. Police has registered a case in this regard and investigation is going on.

News in Brief

SCREENING COMMITTEE RELEASES EX-GRATIA
Aug 10: District Magistrate, Kupwara- A. M. Khanday released Rs. 60 Lakh as ex-gratia relief in favour of militancy affected families in a review meeting of District Screening Committee held at Kupwara.

    The meeting decided to release Rs. 18 lakh in favour of 18 death cases, Rs 11 lakh in favour of 42 damaged property cases and 31 lakh in favour of 109 injured persons. Civil, police and army authorities attended the meeting.

SANGAM IED KILLS SOLIDER, 7HURT
Srinagar 8: Four persons including two militants were killed in separate incidents across the state.
Troops killed two militants during an encounter at Arn Bhik Qunnd in the upper reaches of Qazigund. According to reports, troops belonging to 49RR killed Samiullah and Mohammad, both from Pakistan.

3 OF A FAMILY INJURED IN MINE BLAST
Aug 7: Three members of a family, including a woman, were injured in a landmine blast at Jogma Kalan in Khour sub-sector in Akhnoor . Police said Bodh Raj S/o Laxmi Chand, his wife Guddi and their son Vijay Kumar were cutting grass in their field near international border when a landmine exploded, wounding them critically. The injured were admitted to Govt. Medical College Hospital, Jammu. The incidents of mine blasts have become frequent after the army failed to de-mine the civilian fields.

MAN HANGED TO DEATH BY MILITANTS
Banihal, Aug 19: Militants at Rattan area about 35kms away from Banihal town hanged a civilian to death. Local reports said that, the victim was suspected to be a key person behind surrender of a local militant who happened to be his son. The militant who had surrendered before 23RR in March 2002 was identified as Roshan Din alias Alam Khan. Reports said, that killed civilian was abducted on Aug 16-17th, from his seasonal hut located at Rattan, which is about 35kms. away in the upper reaches of Banihal.Local reports said since the surrender of his son ,he(victim) had not turned to his seasonal hut at Rattan but on the evening of Aug16th he paid a visit to the hut to leave some food for the family which is staying at Rattan. The late night hours proved fatal for him as some militants entered the hut and dragged him out. His body was found hanging from a tree, next morning.

SHRC ISSUES NOTICE TO IGP
Srinagar, Aug 4:Acting on a complaint filed by Peoples Union for Civil Liberties, an NGO, The State Human Rights Commission today issued notices to Inspector General of Police, Jammu Zone, to investigate a case wherein a contractor had held captive a women and her minor son in lieu of the money which the latter’s husband owed to him (contractor).

    Taking sue motto cognisance of a report published in a Jammu based English daily, Justice A.M.Mir, Chairperson SHRC, stated that it is a glaring case of violation of Human Rights and no time should be lost in taking up appropriate measures for protecting the right to live of the family.

    A migrant labourer, Shiv Prasad had been forced to keep his wife and four year old son with one Sardari Lal, a contractor, for some amount of Rs.6700.The incident had happened within the jurisdiction of Police Station Domana, Jammu.

Women & Children Killed

Aug 3: A woman was allegedly killed by militants (accused her of being supporter of security forces in killing three militants) at village Lassana in Surankote area of District Poonch. The deceased was identified as Shameem Akthar daughter of Mohammad Azam.

Aug 6: A woman was allegedly killed when militants and troops exchanged fire at Arigaripora in Kangan. The deceased was identified as Maimoona W/o Firdous Sheikh R/o Arigaripora.

Aug 7: A woman was shot dead by an unknown gunmen at Ramban. She was identified as Zaina Begum wife of Ghulam Hassan of Badan Gool.

Aug 8: A woman identified as, Hameeda Begum wife of Ghulam Hassan of Ladyal, Manjkote along with her husband was allegedly killed by some unknown gunmen.

Aug 18: Thirty-two-year-old widow as per the official reports was killed by militants at Malan Jablan in Mashore area of Udhampur district along with her three other family members. She was identified as Khursheed Bano.

Aug 20: A woman identified as Shazia Bano, 25, D/o Rahim Mir was killed allegedly by militants at Ludna area of District Doda.

Aug 25: Two children were killed and their parents sustained critical injuries when militants launched Rocket Propelled Grenades (RPG) to target the CRPF camp at Khara village of tehsil Gandoh. The grenades however, missed the intended target and exploded inside the residential house of Mohammad Hanief. The deceased were identified as 1 ½ old daughter of Hanief, Nasira Bano and his son Babar Hanief, 9.

* : A woman identified as Zubaida D/o Mohammad Amin Wani was allegedly shot dead by some unidentified gunmen outside her house at Okai, Kulgam.

Aug 27: A woman along with her husband was killed allegedly by militants in Sona Bagh Cobra Dhok of tehsil Reasi in Udhampur district. The woman was identified as Naseema Begam wife of Mohammad Ashiq.

Aug 28: Two sisters were killed and one injured critically in an IED at Kulgam area of Anantnag when they were removing stones in their lawn. The IED was hidden in their lawn under the stones. The deceased were identified as Mehfooza, 22, and Ruhi, 25, daughters of Ghulam Mohammad Bhat of Nunibugh, Kulgam and the injured as Imtiyaza.

Aug 29: Twenty-seven-year-old Shameema Akthar widow of Mohammad Shafi (an ex-CRPF constable) of Tarhuta Thanamandi was allegedly killed by unknown gunmen inside her residential house.

CHRONOLOGY OF AUGUST INCIDENTS

Aug 1: Seven militants including two Al Barq, one H-e-I militant, one HM and one HUJI militant and a civilian were killed in various incidents of violence across the state.

Aug 2: Ten persons including two police personnel were injured in different incidents of violence.

Aug 3: One civilian and a woman (security forces informer) were killed in violence related incident.

Aug 4: One CRPF personnel, two militants, police cop, two alleged army informers and a civilians were killed in violence related incidents, meanwhile, police recovered two dead bodies one of an active militant of Al Badr militant outfit from Khalapora village in Handwara, Kupwara and the other of a civilian from Sanoor Kalipora in Budgam district. The civilian was missing since July 16-2004.

Aug 5: Ten CRPF personnel, two army men and three militants including one Al Mansurain militant were killed in various incidents of violence.

Aug 6: Three RR personnel, three militants, two civilians and a People’s Democratic Party activist were killed in violence related incidents while a dead body was recovered by police.

Aug 7: Five militants among four JeM militants, two SOG personnel, two army men, a retired sub inspector, a released militant and a woman were killed in separate incidents of violence.

Aug 8: Two militants, one RR personnel and two civilians were killed in various incidents of violence.

Aug 9: One army man, four civilians and two militants were killed in different incidents of violence.

Aug 10: One militant was killed and nine police personnel were injured in separate incidents of violence.

Aug 11: One army man and three unknown militants were killed in various incidents of violence across the state.

Aug 12: Four militants including one LeT militant, one army man and a civilian were killed in separate incidents of violence, meanwhile two dead bodies were recovered from two separate places.

Aug 13: One SPO, an alleged army informer and a civilian were killed meanwhile a militant affiliated from HM was killed in internal group rivalry.

Aug 14: Three dead bodies were recovered from separate places in the state.

Aug 15: One police cop, two LeT militants and two alleged security forces informers were killed in separate incidents of violence.

Aug 16: Two LeT militants were killed in violence related incident while a dead body was recovered from Pulwama district.

Aug 17: An unknown militant was killed in violence related incident meanwhile a tea stall owner was allegedly killed by militants.

Aug 18: One HM militant, four of family including woman, a civilian (mason by profession), an independent candidate and a released militant were killed in various incidents of violence across the state.

Aug 19: Three soldiers including 2 RR soldiers, three militants and alleged army facilitator were killed across the state.

Aug 20: Two militants, army personnel and a woman were killed in different incidents of violence.

Aug 21: Two HM militants were killed in violence related incidents.

Aug 22: Two RR soldiers and two militants died in separate incidents of violence.

Aug 23: Four militants including one JeM and a HM militants, one army man, a SPO, an army informer and two civilians were killed in various incidents of violence.

Aug 24: Two LeT militants and two civilians were killed in various incidents of violence meanwhile a dead body was recovered by police.

Aug 25: One RR personnel, four civilians including two children and three militants including each one of LeT and HM were killed in various incidents of violence.

Aug 26: Three militants including one HM militant and two civilians were killed in different incidents of violence

Aug 27: Five militants including two JeM and two HM militants and two civilians were killed in separate incidents of violence.

Aug 28: Seven militants including three LeT, two JeM and HM militant and four civilians including two sisters were killed in different incidents of violence.

Aug 29: Seven militants including two LeT, three JeM militants, one-army personnel, an alleged army informer and a woman were killed in separate incidents of violence meanwhile a mutilated body was recovered from Sonabarari village in Kokernag in south Kashmir.

Aug 30: Four militants including one HM militant and three soldiers were killed in different incidents of violence.

Aug 31: One militant and two civilians were killed while twenty persons were injured in various incidents of violence across the state.

Date	Alleged CK / EJE	Women Killed	Children killed	Alleged Disappearances
Aug 3	-	1	-	-
Aug 5	-	-	-	1
Aug 6	-	1	-	1
Aug 7	-	1	-	-
Aug 8	-	1	-	-
Aug 9	-	-	-	2
Aug 15	-	-	-	2
Aug 18	-	1	--	-
Aug 20	-	1	-	-
Aug 23	-	-	-	1
Aug 25	1 CK	1	4	-
Aug 27	-	1	-	-
Aug 28	-	2	-	1
Aug 29	-	1	-	-
Total	1	11	4	8