The Informative Missive
Published by
 PUBLIC COMMISSION ON HUMAN RIGHTS
 

  September 2004

In This Issue

Editorial :              HAGUE DECLARATION  

    An international civil society seminar on conflict management in Kashmir was organized by IKV- Netherlands at Hague on 19th September 2004. In the preliminary session keynote speeches on “War and Conflict”; “What role civil society has in combating it?”, “Role and aims of local society in Indian administered Kashmir, Expectations addressing Europe”, “Limits and Scope of Dialogue”, were made.

    Mient Jan Faber an Associate Professor, at FRE University Amsterdam while emphasizing the role of civil society observes that if there is no democracy there is no civil society. Since in an oppressive state there exists no contract between the people and the state so the role of civil society is to provide resistance. He further observed that he saw similarities and parallels between the movements for civil society in Jammu & Kashmir and the independent civil societies in Eastern Europe (in 80’s). Concluding remarks of his keynote speech was that civil society approach differs from political movements. Civil Society is value oriented, in particular to oppression so that people get a free chance to determine their own future. The editor emphasised that the in the era of globalisation the civil society in Jammu & Kashmir is to build alliances with the European civil society to strengthen them for protecting the political rights of the people of J&K and for protecting the international humanitarian law. As the conflict in Kashmir is likely to continue in future till the Kashmir issue is resolved and according to the fears expressed by the free think tanks of the India and Pakistan in their survey by Mumbai based strategic Foresight Group of International Centre for Peace Initiatives estimated report, “Gross terror Economy Product (GTEP). Kashmir is likely to witness thousands of deaths of civilians and enforced disappearances every year, humanitarian intervention from the global civil society is needed.

    Gautam Navlakha noted human rights defender and journalist from PUDR (Peoples Union for Democratic Rights) feared, “Notwithstanding, the cease-fire between India and Pakistan or the talks between Hurriyat and India. There is little to suggest that the Indian Government is willing to go beyond the devolution of Power i.e. less than internal autonomy or a constitutional arrangement or internal sovereignty”. The activist blamed the government of India for resorting to military solution in Kashmir and not engaging herself in a meaningful and purposeful dialogue for resolving Kashmir imbroglio according to the wishes of people of Jammu & Kashmir.

    In the seminar organized by IKV, for the first time human rights defenders from Pakistan administered Kashmir, Farooq Niazi and Abdul Lateef Bhat did also participate. Farooq Niazi in one of his panel speeches criticized the role of the Pakistani administration in Gilgit and Baltistan and the Tribal Areas Act vis-à-vis rights of people. Highlighting their plight he stated that the people in Gilgit and Baltistan have been deprived of the rights enjoyed by the people Pakistan administered Kashmir (PAK) and citizens of Pakistan.

    In different panels the speakers gave their different viewpoints for strengthening the civil society in Indian and Pakistani administrated Kashmir. There were question answer sessions. One of the invitees who have been criticizing two previous interactions between IKV and CCS for not inviting the independent civil society actors from PAK and from India and from the minority community, to listen to their viewpoint was less critical in this year’s interaction. Besides the seminar there was interaction between the IKV partner activists from Palestine, Iraq, Kosovo. The Iraqi delegates were questioned during informal conversation whether their unconditional support to the American troops is politically mature on the long-term basis when the other ethnic and religious groups in Iraq are treating it as occupational force. Inter alia the delegates expressed their profound sorrow for the demise of the Aasia Jeelani, who had participated in the last year’s conference.

    For the first time in ISS, a prestigious institute of social studies a public forum organized the premier film of “Crossing the Line, Kashmir, India, and Pakistan”. Both the embassies of India and Pakistan in Netherlands for their own reasons, India against discussing Kashmir and Pakistan against criticizing the military regime had opposed this programme. But the students of the ISS had succeeded in starting the debate on conflict areas in the University. The reactions and criticism of the documentary was discussed. The tributes were paid to Aasia Jeelani in the ISS and in the panel discussions members from all the communities including the minority community of Kashmiris plight was highlighted by Ashwini Seth a Professor of Dev. Studies at ISS.

    Finally a Hague declaration was passed, urging transparency in Indian administrated Kashmir, support to the civil society groups in the both sides of the LOC. Abolishing the draconian laws and fulfilling the aspirations of People of Jammu & Kashmir which it deserves.

ADDITIONAL COMMISSIONER’S ENQUIRY REPORT CITES QUALM INTO THE CUSTODIAL DEATH OF BANK MANAGER

    Six years have elapsed without any significant action in the custodial death of Kamraz Rural Bank manager in January 1999. Lately the case came to fore as the Additional commissioner’s enquiry report came out with starling facts.

    The brief facts of the case are that an FIR No 139/98 under section 420, 467, 409 RPC P/S Trehgam was lodged against Ghulam Ahmed Peer a bank manager in Kamraz Rural Bank, Kralpora in a case involving misappropriation of Rs 4 million rupees from public exchequer. The accused was admitted on bail by competent court on 29-10-98 with the condition that he would make himself available to the investigating agency as and when required. Since the case was of special nature involving alleged misappropriation of about 4 million rupees, the SP Kupwara on 27-01-99 constituted a special team comprising the accused constable Zahoor Ahmed Jan, head constable Amanullah Khan and a former soldier Ghulam Muhammad Wani to interrogate the bank manager. According to the Police version the accused was bailed out on 29-10-1998 by the competent court. He was rearrested by the SHO on 11-02-99 on different offences. He was granted bail only in 420, 467 RPC and as the investigation progressed section 409, 471 and 477-A RPC were also established against him. He was sent to police office Kupwara where he was questioned by the Superintendent of Police (SP) & Dy.S.P of police headquarters Kupwara. At about 1530 hours the accused was handed over to the Head Constable Ghulam Rasool no 433 KP and a member of the special investigation team for lodging the accused in the district police lines.

The accused tortured the manager keeping him naked in sub zero temperatures and passing electric current through his body parts. As a result of sever torture, the bank manager died in custody in joint interrogation center (JIC) Kupwara in 1999.

    At 2100 hours the accused was taken to the sub district hospital Kupwara after the investigation where he was declared brought dead. Post mortem was conducted on 12-2-99, which revealed that the cause of the death as per the doctors was hyporotumic shock as result of massive sub cutaneous haemorrhages due to multiple massive electric shocks leading to cardio respiratory arrest, and death. In his statement, Ghulam Rasool stated that after reaching the police lines Kupwara, he handed over the accused to one Tariq Ahmed CHM of SOG. The accused was confined in the special cell of the district police lines. According to constable Kishan Singh who was on guard duty stated that the accused was writhing with pain and crying uncontrollably inside the cell. According to police he died enroute hospital.

    During inquiry it has been observed that somebody has tortured the accused during custody as was evident from the bruises and injuries inflicted on different parts of the deceased. Initially the whole matter was hushed up and no inquiry was conducted. However the family members of the deceased lodged a complaint with crime branch of the police. A DSP who probed the custodial killing in preliminary stages recommended SP to start investigations under esection174.

    The government took strong notice of the killing and ordered a judicial magistrate to probe the incident. The magistrate, in turn referred the case to Crime Branch, which filed a case of murder and started investigations that revealed the accused personnel tortured the bank manager to death.

    During inquiry it has been observed that somebody tortured the accused during custody as was evident from the bruises and injuries inflicted on different parts of the deceased. In inquiry it has been observed that the deceased had died in circumstances raising a suspicion that some person is responsible for his death in the police custody.

    On the basis of inquiry dated 02-03-2000, which was forwarded to the Inspector General of Police Crime and Railways, a case, was registered under section 302 in the police station Crime Branch Kashmir and the case was entrusted to Manzoor Ahmed Malik Dy.S.P. While the accused Sub Inspector (SI) Ghulam Rasool Sheikh of Zanglipora, Kupwara, Zahoor Ahmed Jan of Markool Gurez and Amanullah Khan of Maidanpora, Lolab have been arrested. The search for the absconding former soldier Ghulam Muhammad Wani of Shalagund, Lolab has been intensified.

    Sources in Crime Branch said the probe has been completed and a Challan against the accused would be produced in the court soon.

    It is suggested that a case be registered and hand over to state Crime Branch for expert investigation, the perusal of the investigation/ interrogation reports transpire that a huge chunk of cash has been allegedly converted into disproportionate assets under benami and to look for the potential beneficiaries. The case should be decidedly settled and taken to its logical conclusion along with unravelling the mystery of the custodial death of the deceased. After all this if the deceased is exonerated of the allegations of embezzlement, wont it be an act of great human compassion.

STUDENT’S KILLING SPARK PROTESTS IN KUPWARA
September 12: Reacting to a newspaper report, dated 12th September, thousands of people demonstrated a massive protest against the killing of a student by 18 RR at Dilbagh Devar Kupwara on Sunday.

    According to reports, Parvez Ahmed Khan (19) s/o Manzoor Ahmed Khan of Dilbagh Devar, a class 12th student, was shot dead by Rashtriya Rifles (RR) personnel on Saturday evening. According to residents, Parvez had gone to Diver, for purchasing a newspaper on 11th September. On his return, he was stopped at Devar camp by 18RR unit, who were patrolling the area at that time. Thereafter, he was taken away and subsequently shot dead by the said unit in the nearby forest. The spot is just some 90 yards away from the victim’s house and only four yards from the road.“The army patrol called Parvez, took him to the nearby forests & pumped bullets in his body”, the villagers said.

“During the search, the said RR unit took away photographs, identity card and books belonging to Parvez. I believe they would label him a terrorist and claim that he was killed in an encounter.

    According to the spokesman of 8 Sector RR, Parvez was found hiding with the four militants in the forest. When army challenged them, they tried to flee from the spot. The troops reacted in killing Parvez on the spot. Rashtriya Rifles further claimed to recover some ammunition and other things from the encounter site.

    A team of the Informative Missive went to the place and talked with the people including the family members. Anguish, Parvez’s father narrating the incident said, “On Sep 11, Parvez had gone to Devar, for purchasing a newspaper. On his return at 5:45 in the evening of 11th September, the 18 RR patrol unit led by one Major Chauhan, took Parvez with them. He was taken towards the jungle and after 15 minutes, shot dead. Hearing gunshots, the villagers got very terrified and preferred to stay indoors. After half an hour of this incident the RR personnel cordoned off the locality and started thoroughly searching all the houses. All this continued up till 9 p.m., in the evening. On September 12, army again cordoned my house and directed me to accompany them to the Devar camp. As soon as I entered the camp, Major Chauhan told me that my son was killed in crossfire. He further told me that his dead body had been handed to Thana Lalpora”.

    With tears in his eyes, Manzoor further added that Parvez was studying in 12th class and was not related to any militant outfit. He further alleged that army knew his credentials very well. “He has been deliberately killed with a full knowledge that he was not related to any subversive activity”, alleged Manzoor.

    Talking to the Informative Missive eyewitnesses Sayed Khan s/o Zaitullah r/o Dilbagh Devar, Birla Jan w/o Aziz Gojer r/o Dilbagh Devar, Rehmat Shah s/o Bashir Ahmad Khan said, “Parvez was taken with them by the forces and killed. Major Chauhan knew Parvez very well and often used to play cricket with him”, they said.

    “He was taken along by the RR personnel, before our eyes and when on second day as his body was brought to the village it was shocking to hear the police say that that he was killed in encounter” they exclaimed.“We told SSP Kupwara, D.C Kupwara and the C.O of 14RR who visited our village after the incident that RR was lying. We showed them the spot were Parvez was taken and killed. They could see the blood stains on the ground and it was a clear proof”, said witnesses amidst sloganeering.

    The officials were stunned to hear from us and after they saw the reality for themselves. They returned back to Kupwara and next day the accused officer was transferred to Takipora Camp from Devar.According to SSP Kupwara, the police registered a case against the personnel and started an investigation into the incident.

    An FIR has been lodged in the Police Station Kupwara under section 302/342 R.P.C., on the complaint of Manzoor Ahmed Khan. As soon as the body of Parvez reached his village, people in thousands came out on streets and protested against killing. Amidst slogans they accused the RR and Chief Minister of killing innocent people for their political interests.

‘SPO KILLED IN CUSTODY’

Baramulla, September 27: Massive protests rocked the Fakipora and Bahkipora areas of Rafiabad in Baramulla district on Monday following the reported killing of a Special Police Officer (SPO) by troops.
According to Superintendent of Police Kupwara, Muneer Khan admitted that the SPO Mohammad Ashraf Lone (35) Ghulam Qadir Lone R/o Bakhipora Baramulla had died in the custody of troops. “The slain SPO was taken away by troops from his residence on Sunday for questioning”, he said while refuting the reports that he was lifted from the bunker. A case has been registered against the troops for the crime, he said.

    According to the eyewitnesses, the deceased SPO Mohammad Ashraf Lone, Belt No. 126, s/o Ghulam Qadir Lone of Bahkipora Rafiabad was taken away by troops of 28 (RR) from a police picket at Fakipora on Sunday night. Ashraf Lone, according to the inhabitants of the area, was manning the picket established by the police for the security of the minority community living in the area.

 “The youth were killed by army, no doubt, but the thing is in what circumstances they were killed. Whether it was a case of mistaken identity that needs to be investigated…” said Kashmir’s Divisional Commissioner Khurshid Ahmed Ganie.

    Narrating the details of the incident to “The Informative Missive” Misra w/o Mohammad Ashraf Lone said, “On 25th Sep, 28 RR army led by Major Anwar picked up Ashraf from Sheikhpora police post Rafiabad on pretext of inquiry of which they formally gave a receipt to the in-charge officer. Next day, on 26th Sep some personnel’s from the Dangiwacha police station informed us about his killing”.
Adding further Misra said, ”Earlier Ashraf was working in a home guard service. Later owing to the increasing responsibilities he worked as SPO.

    Without assigning any reason, according to locals, the police personnel belonging to Dangiwacha police Station informed the SPO’s to collect Ashraf’s body, which according to the police was handed over to them by the troops in the morning. After the news of SPO’s killing reached his native village and adjoining Fakipora, the agitated residents took out a huge procession demanding an investigation into the matter. The people also raised slogans against the troops. A strange thing about Ashraf’s body was that it neither bore any bullet mark nor depicted any kind of torture, which could have been a reason behind Ashraf’s death. Owing to the public pressure, Sub district magistrate (SDM) Sopore Mohammad Yousuf Zargar asked the police to conduct post mortem on the body and start investigation in this regard.
His wife and three children survive Mohammad Ashraf. After Ashraf’s death, Misra finds it hard to cope up with the responsibilities. The family has applied for relief and rehabilitation. Both SRO 43 and Ex-Gratia are under process.

SHOPIAN KILLINGS: MURDER CASE REGISTERED AGAINST RR

Srinagar Sep 11: Troops shot dead two youth and injured four others in a village in Shopian area of Pulwama district on early September 11 morning.

    Talking to The Informative Missive, residents alleged that 55RR troops shot dead Muzaffar Ahmed Ganai s/o Mohammad Sidiq of Mul Dangerpora in Shopian, while on his way to mosque for pre-dawn prayers. Hearing gunshots, villagers ran towards mosque & found Muzaffar in a pool of blood. Soon, whole village assembled & demonstrated against troops. Irked by the protest, troops fired erratically, killing another youth Rizwan Ahmed Paul, (20) s/o Mohammad Abdullah of Mul Dangerpora and injuring four others.

    However, the daily police bulletin on incidents of violence in the state issued by police headquarters reported that, “during cordon of village Mul Dangerpora by security forces, terrorists hiding there fired upon security forces. The fire was returned & during the ensuing exchange of fire, Rizwan Ahmed s/o Mohammad Abdullah of Mul Dangerpora was killed, while others sustained injuries. One of the injured namely Muzaffar Ahmed Ganai s/o Mohammad Sidiq succumbed to his injuries at hospital.”

    Demonstrating against the killing, the villagers alleged the troops of killing the youth in cold-blood. The villagers further denied the presence of militants or any incident of firing.

    In an unprecedented act, the government refused to buy the army version on the killing of two innocent cousins in Shopian area of Pulwama district on September 9 & registered a murder case against the RR troops. Adding further he said, “I have asked the police to register a case”. The Station House Officer Zainapora has been appointed as investigating officer & has been asked to submit his report within a week’s time. “And if needed a magisterial probe would be ordered,” the Divisional Commissioner said.

    The incident sparked violent protests with thousands of people taking to streets & demanding the body of Rizwan, a student of 12th class who was preparing for the pre-medical test.

TENUOUS IMPRISONMENT LEAVES DUO MENTALLY DERANGED

    In 1998, two cousins Mohammad Ismail Tas (20) and Jalal-ud-din Tas (24) s/o Raj Din Tas of Zainboor Pattan Uri were called upon by the army, based at walking distance from their residence. It was a routine affair since Jalal’s brother Yaqoob disappeared mysteriously few years back. The family unaware of Yaqoob’s fate believes that Yaqoob might had crossed over to Pakistan or subjected to enforced disappearance by army. Sceptic this time, the families accompanied the duo to the camp. “ Reaching the camp, the army asked the duo to hand over their identity cards, which they said would be returned after the inquiry. They further told the family members to return back as it was a routine inquiry”, revealed a neighbour on anonymity, while talking to The Informative Missive.

The unjust imprisonment of the duo has put their families in grave desolation and affliction. Ismail’s blind mother and Jalal’s blind sister are left to the mercy of fate and cruelty.

    Since then, both the families kept visiting the camp for their release. The army transfer from the Zainboor Pattan base enhanced the family apprehensions who pleaded the army for the duo’s release. Irked by this, the army lied to the family that both boys had escaped and nothing was known of them. However in reality the duo suffered rigorous detention.

    Both the boys who had been severely tortured during their imprisonment were released in 2000. They bore several burn marks and their veins had been cut at a number of places. The severe torture left Jalal and Ismail mentally deranged. It was however 3 months later that the army rearrested them. “It came as a terrible setback for Ismail’s blind mother (70) and Jalal’s blind sister who have no other support. Being blind, illiterate and extremely poor both the ladies cannot pursue the duo’s case or let alone prove their innocence”, said the neighbour.

    The duo was again released in Feb 2004 on Eid (religious festival of Muslims). Just a day prior to Eid, Jalal’s brother Yaqoob who had gone disappeared was killed by the army. The army alleged that Yaqoob was killed in an encounter. But the villagers and the Jalal’s sister completely denied the allegation and said that her brother was an innocent person having no links with any of the organizations.

    Again four months later on July 2004, the army rearrested the duo. Since then the duo has been languishing in jail without any reason. The immense trauma and extreme financial constraints has landed both the ladies into immense psychological disorder. “I have no other support, nor am I in a condition to pursue his case. I request you that he is innocent and should be let free”, sighed Ismail’s blind ailing mother. She further added that she didn’t want to die without seeing his only son.

KASHMIRI STUDENTS HARRASED IN BIHAR
Srinagar, Sep 12: The ordeal of Kashmiri students pursuing Bachelors of Dental Surgery (BDS) in Mithilia Minority Dental College (MMDC) in Darbanga, Bihar, is far from over. After being exploited physically, financially & mentally, the management, according to students, is asking them to submit huge sum of money apart from tuition fee to continue their studies in the college. Exasperated & angry over the behaviour of management, seven Kashmiri students, four girls & three boys tried self-immolation on Sep 7 in front of the Darbanga Commissioner. All the students were hospitalised. There are hundreds of Kashmiri students studying in Darbanga dental college. Many students are pursing their five-year course for past 10 years. But due to hassles of recognition by Medical Council of India (MCI) the students have suffered a lot in terms of money & time.” The college management exploited Kashmiri students physically, financially & psychologically”, said one of the Kashmiri students adding, “No one is here to help us.” The students have appealed political leaders to raise the issue in the parliament & take up the problem with the govt. of Bihar for quick redressal.
 

“The college management is demanding huge amount from us & when we denied, they beat us in the college campus,” said Imtiyaz Maqbool, President LNMU Dental student’s federation adding, “they labelled us terrorists.”

    “We are being threatened day in & day out by the management so all Kashmiri students have left hostels”, said Imtiyaz Maqbool. The students are now rendered homeless. The students accuse a local member parliament & minister of state for Human Resource Development, Ashraf Ali Fatmi of, ganging up with the management to intimidate Kashmiri students on different accounts. “He (Ashraf Ali Fatimi) is openly supporting the mafia of the college management. Thus our hue cries are not being heard”, said a Kashmiri student. Pushed to wall by the management the students have threatened to take extreme steps if the demands are not met. “If there is more delay in justice, the results will be tragic”, said Imtiyaz Maqbool. Meanwhile the students have written to J&K Minister for Finance & Parliamentary Affairs & are hopeful of action from him.

A VILLAGE OF VEILED AGONY AND TWINGE
    The insurgency in Kashmir brought about a lot of changes especially in the rural areas with least government accountability to their actions. Media also being urban centric didn’t play a significant role adding to gravity of the situation. For all these reasons rural areas remained virtually under the siege of cruelty and immense suffering. Wadoora is one such place, which bears testimonies to such innumerable cases of oppression and pain.
 

“I was jailed for nearly 2 months and during this period they refused to give me proper food.  I was kept on just a cup of tea and a slice of bread. Sometimes I even thought of dying any movement. I lost all hope of my survival in that cell,” said Abdul Rehman.

    Abdul Rehman (26) s/o Maqbool Mir was arrested in February 2001 from his home at Wadoora Payeen in Handwara. He was alleged to support militants by providing them food and shelter. Few days before arrest, Abdul Rehman got a letter from army in which name of nine persons were written including him. The army called all the persons for some inquiry. Talking to “The Informative Missive” he said, “As I reached the camp they arrested me and kept me at some unknown place. None of my family members was informed where I was kept. I was tortured every day. I was given electric shocks and beaten ruthlessly. They even kept me in cold water for days. It was hard winter and with each passing day my condition worsened”, appalled Abdul Rehman.

    Jailed for nearly 55 days, Abdul Rehman was severely tortured in different ways leaving him half dead. Adding further he said, “Although I pleaded them many times to provide me proper food, but they denied my pleas by saying that Major had ordered not to feed me anything but just a cup of tea”.

    It was on May 2, 2001 that Abdul Rehman was released. “I couldn’t move or stand. It took me months to recover back”, said Abdul Rehman. According to the family, army forced them to leave the village and threatened them of dire consequences if they lodged a FIR. Fearful, the family migrated to neighbouring village for one year. “We were so sacred to return back. But we have no other option. We were refugees in our own land”, said Abdul Rehman. One year later, Abdul Rehman and his family returned back. The very next day, army again came to their home and started beating the inmates including female members. Since then army continuously harasses them. Abdul Rehman has 5 sisters and 3 brothers. They are living in an abysmal condition. “We roam from one place to another to safeguard ourselves and our honour. This has affected our lives terribly. The youngsters are not able to get education. We have no source of income other than our land. Now being wanderers even that source has been snatched. We are left out without shelter, food and clothing. Neither can we lodge FIR nor return back to our home. For what crimes are we punished? What have we done to be treated like this? Law is only in books and nowhere else”, grumbles Abdul Rehman.

    Living a nomadic life, Abdul Rehman sees no light at the end of tunnel. His hopes of returning back seem desolate and dismal. Amidst all these sufferings, while Abdul Rehman and his family seems to hold themselves and somehow continue their lives in utter grief, there are families who have been left out with no male support by the most used forces tool of enforced disappearance.

    A similar case is of Abdul Rasheed Mir (45) s/o Samad Mir r/o Wadoora Bala, Handwara who disappeared 10 years back leaving behind two kids and his wife. He was working with the Task Force. Today the family is living a miserable life, with none to support them. While, army accuses that Rasheed ran away with arms and ammunitions and joined militancy, the family believes that Rasheed has been subjected to enforced disappearance by the army. Since Rasheed’s disappearance the army has been harassing the family for not filing FIR against them.

    “Army forced us not to file FIR. They forced us to given it in written that he was not involved with Army. Our elders had no other option and they did it and thus preventing us from filing FIR”, said one of the Rasheed’s relative. Abdul Rasheed had been working with the Kama army camp base, which is quite nearby to their home.

    Presently the family condition is worse with their only support being through farming. Shouldering responsibilities, Rasheed’s wife wants her children to be educated but not having any sufficient support she feels desperate of her helplessness.

TRAGEDIES PULL APART A FATHERS DESIRE TO LIVE
    The deep gorged face; sagging eyes and dropped self are all indication of the suffering that Abdullah has gone through all these years. Tragedy touched him not just once, twice or thrice but many times leaving him withered for life. It was unending autumn of Abdullah’s life that began in Sep 1992.

    Muhammad Ayub (22) s/o Muhammad Abdullah r/o Alusa Aliapora Bandipora, was arrested by the security forces at Kalaroos on 3rd Sep 1992. He was detained for two days at Kalaroos camp where he was tortured severely and finally killed at Nathpora two days later. Ayub was a locally trained Hizbul Mujahideen activist. He had been working with the outfit for the last one year. FIR was lodged in the Bandipora police station. But that could not be followed for the constant tragedies and ailing health of Muhammad Abdullah. Nearly 22 days later, Abdullah’s youngest son Azad Ahmed (16) while returning from his work in the paddy fields got disappeared. Though the locals allege that security forces picked him up, Abdullah is not certain of his whereabouts.

Being an asthma patient has kept me away from filing FIR” laments Abdullah.  Abdullah’s lone support is her granddaughter who takes care of him. “ She is my life and I pray to God to give me that much life till she is married” says Abdullah. In order to support her granddaughter, Abdullah who is too weak to take care of his fields started a shop.  “I am anxiously waiting for the day when my granddaughter will get married and I will die peacefully and meet my sons in the heaven.

    “I am clueless, he might either be taken by the army or crossed over to Pakistan”, grieves Abdullah. Since then nothing is known of him. FIR has also been lodged in the Bandipora police station. It was on October 27 1992, Abdullah’s last hope Bilal Ahmed (20) was killed in custody at Quil Muqam Bandpora. The security forces arrested him the same day and after on he was taken to Allusa camp for interrogation. After two hours they took him to Quil Muqam and shot him dead. “I am a 90 years ailing father, with meek resources. He was my hope. Can you understand the condition of a father who has lost three sons, I would have died but for my daughter I am living”, cries out Abdullah.

    After losing his three sons, with no one to take care of him, he adopted son in law Riyaz Ahmed but unfortunately he got disappeared in December the same year. “He had gone out to work but never returned back. I have been devastated now. He has a 9 years old daughter. Being an asthma patient has kept me away from filing FIR”, laments Abdullah. Abdullah’s lone support is her granddaughter who takes care of him. “She is my life and I pray to God to give me that much life till she is married”, says Abdullah. In order to support her granddaughter, Abdullah who is too weak to take care of his fields started a shop. “I am anxiously waiting for the day when my granddaughter will get married and I will die peacefully and meet my sons in the heaven.

BRUTAL TORTURE LEADS THIS YOUTH TO INSANITY
Srinagar: After living twenty-six years with his family, he started suspecting its members of conspiring to kill him. Fida Ahmad, now 35 hailing from downtown Srinagar was arrested at Baroda Railway Station in 1995 by local police on the pretext of being a Kashmiri, when he had gone to buy snacks. He was on his way to join his newly appointed job at Calcutta in Kashmir Handloom Development Corporation Society as a daily wager. Police torture and frustration led him to insanity. “We came to know about his arrest after 4-5 days later as another person who was accompanying him informed us. He was arrested without any solid reason or evidence but the only sin of his was that he was a Kashmiri. We had to spend more than twenty thousand to track him”, narrates his brother Shabir Ahmad. From Baroda he was shifted to Delhi where Delhi police interrogated him. “He couldn’t bear the brutal torture of his captors and conceded to being a militant of HIZBUL MUJAHIDEEN”, added Shabir. After a fortnight he was shifted to Srinagar for identification of arms and ammunition and was lodged in Joint Interrogation Centre (JIC) also known as Papa 2.

    “When he was brought here, we met him at JIC on the first day but he was worried about his fate as he had no guns and bombs in his possession as accepted by him during interrogation in Delhi”, says Shabir. His inability to fetch any arms and ammunition led him to great trouble. He was tortured again and again. “We were not allowed to meet him and they even started denying his arrest. We thought he had been killed. After spending money in different quarters, we came to know he is alive”, says Shabir. After spending two and half months in detention he was released half dead. “He was denied even basic medical facilities. When we brought him home, he was bleeding, had multiple fractures and head injuries”, adds Shabir. He was admitted in SMHS hospital for weeks. Under the influence of medicines, he remained unconscious for most of the time. When he started recovering he behaved differently. “He used to get violent on every matter and refused to eat anything. He liked to sit in darkness and remained alone. He even declined to take medicines. We had to give him medicines forcibly”, Shabir said. Fed up with his strange behaviour, the family took him to a Psychiatrist. His condition didn’t improve. “He had an illusion of conspiracy and that police is following him, and they will kill him. He was surrounded by fear of death. He washed utensils before consuming anything and prepared meals for himself because he believed that his family might poison him. He even didn’t trust his mother”, says Mehjabeen, Fida’s mother. He became more and more violent and injured some persons. Fida was admitted in Psychiatric hospital Srinagar. “I had four sons. One (Muneer Ahmad) was killed by BSF in custody in 1993. My husband died in 1994 we didn’t have anything to support our basic needs. My daughter has reached marriageable age, but we can’t afford lakhs. We had to spend Rs 500-700 per month on Fida was discharged after one and a half year from mental hospital. After sometime he again turned violent and was again admitted for 4-5 months. Fida, now a physical and mental wreck is unable to work and earn for himself and his family. His dream to marry has shattered. In fact he has married solitude. His pressurized acceptance of being a Hizbul Cadre cost him his sanity. He finds himself in iron chains in a dark corner of a ward when he recalls his undone sin.

BANIHAL REMAINS TENSE

Banihal, Sep 12: The situation in Banihal area remained tense on the two consecutive days following the arrest of various workers of Hindustan Construction Corporation (HCC) allegedly by the police. The workers continued their strike even 40 days after the authorities. They were demanding increase in wages. As per the reports, various labourers were tortured by the police, which created serious resentment among the residents who threatened to launch a massive protest against the police authorities in the state. “On September 12 police came in the Emergency of the Banihal Hospital where various injured HCC workers were admitted. They picked up one associate of workers organization Shakeel Ahmed and thrashed him mercilessly”, eyewitness revealed adding that another worker Irshad Ahmed was also tortured & arrested by the police. The eyewitness further alleged that an advocate namely Mohammad Saleem, a Legal advisor of workers association was also arrested by the police who after the alleged day long torture was sent to unknown location. “Saleem was tortured by the police & sent to some unknown place which the police didn’t disclose”, the relatives of Saleem said.

    Meanwhile the angry protesters set ablaze a matador of Abdul Rasheed Wani, close associate of MLA Banihal & also damaged a medical shop ’Al-Rehman’ of Mohammad Imtiaz Khandey who is also close to MLA which speaks itself that protesters disagree with the MLA. The workers alleged that Deputy Superintendent of police allegedly ordered for fire in the area & DSP was allegedly supported by the tehsildar in giving such orders to police. Raising slogans they said that they would continue the protest till their demand would not be fulfilled. They also demanded probe in the police firing besides demanding stern action against the police. The police when contacted was not ready to comment due to the reason known to them beside the mobile & telephone of the higher officer of police remained off till late night.

COP SUSPENDED FOR HARASSING SCRIBE’S FAMILY

Bhaderwah Sep 21: A selection grade constable has been placed under suspension by DIG Doda Udhampur range for allegedly harassing the family of journalist & writer Javaid Abidi. Reports said Ashok Kumar, a selection grade constable bearing number 319/D, entered in the house of a journalist along with his service weapon & abused the female members of the family who were alone in the home at that time. “When the female members asked him the cause for his intrusion into the house, the constable accompanied by some notorious elements aimed his weapon at them”, reports said. The family members of the scribe raised an alarm upon which the constable fled away, while threatening the family of dire consequences, reports quoted eyewitness as saying. The family rang up the police higher ups who immediately swung into action & started search for the constable. He was later apprehended from Batote area & during interrogation confessed the crime & was placed under suspension, reports added. Police said an enquiry had been ordered by DIG Doda Udhampur range Satvir Gupta. It is worth to mention that the journalist has in the past escaped two attacks on his life allegedly by the police personnel. In one of the attack in July 1999, his younger brother was killed in indiscriminate firing allegedly by surrendered militants.

BSF ADMITS MURDER, IST TIME IN 15 YRS
APOLOGISES, ARRESTS CULPRIT; DC SAYS ROUTINE PROBES NO SOLUTION

September 22: In 15 years, security forces for the first time admitted that its men shot dead a youth without any provocation in South Kashmir’s Pulwama district.

    A BSF personnel said a constable who shot dead Javed Ahmed Mir, (19) was put under detention. According to witnesses, a mini bus driver was shot dead by the BSF troopers. “As per the perception of people & reports of the eyewitness is concerned this is a murder by security forces”, Deputy Commissioner Pulwama, A. Lateef –uz- Zaman Deva said. “But inquiry is not the solution, such things should stop & our inquiry will expose the culprits & give lesson to the troops as how they should behave with the common man”. According to main eyewitness Nazir Ahmed Mir, the BSF Jawans stopped Javaid’s vehicle & was called & ordered to show the documents”. “In the meantime”, Nazir added, a BSF inspector (identified as DD Sharma of BSF’s 16th battalion) bluntly asked one of his men to shoot Javed. The personnel complied with the orders & shot Javed on head killing him instantly. Nazir somehow managed to lift Javed’s body with the help of other passengers & reached his native village Wakharwan. “As I was narrating the whole scene to officials, a BSF officer (of the rank of deputy Commandant) approached me & urged me to deny my statement”, Nazir continued. “He even offered me five to eight lakh rupees… I said I couldn’t sell my Iman (Conscience).” “I am firm on my statement that Javed was killed intentionally, for no fault, by the BSF Jawans,” Nazir told reporters.

VIOLENCE AGAINST KASHMIRI TRADERS IN NEPAL
 Several shops looted, burnt
Srinagar September 4: Despite concern expressed by various social groups regarding security of Kashmiris in Nepal in the wake of killing of 12 Nepalese in Iraq, New Delhi has failed to ensure their safety as many shops of Kashmiri businessman have been looted & burnt by frenzied mobs in Thamel district of Nepal. Immediately after the news of killing of Nepali workers recently, there has been backlash on Muslims across Nepal, According to reports, a mob on Friday in Thamel district ransacked the shops of Kashmiri Muslims. Many rioters decamped with the articles & goods from the shops. “They came out of blue & looted our shops”, said the proprietor of Dar brothers. The situation in the area is grim & the Kashmiris are not allowed to come out of their homes. “We are under house arrest. We can’t move freely”, said an aggrieved trader from Nepal. The reports of rioting in Nepal against Kashmiri Muslims have sent a shock wave among parents whose children study in Nepal. “Government should take up the issue with Nepali Government & ensure safety of our wards”, said Mushtaq Wani father whose son is pursuing MBBS in Nepal.

‘CUSTODIAL’ DEATH SPARKS PROTESTS

Kupwara, September 27: Hundreds of people including men, women and children took to streets protesting the alleged custodial killing of a youth by troops at Karnah.

    According to reports, residents of the village and adjoining areas demonstrated outside the police station Karnah against the killing of Mohammad Younis Khan s/o Mohammad Yaqoob Khan of Karnah Kupwara. According to the family version, Younis was taken away by troops of 51 Gr on Saturday. “Younis was lifted by the troops from the house on Saturday and his body was handed to the police station Karnah”, the family said.

When the news of Younis’s killing reached the area, the residents and people from the nearby areas took out a huge demonstration, raising slogans against the troops and coalition government, reports said. The agitated protesters demanded an investigation into the killing & punishment to the soldiers. When contacted, the Deputy Commissioner Kupwara said, police had lodged a case of “Murder” against the troops and investigation was on.

PRINCIPAL HELD FOR OFFERING JINAZA TO FIDAYEEN
Protests in Shalimar
Srinagar, September 14: Many students of Government Higher Secondary School Shalimar were demonstrating against, what they termed as, illegal arrest of the School Principal Abdul Lateef Guroo (50) of Dalgate by the police on charges of offering the funeral prayers of the two fidayeen (Suicide Guerrillas) killed in the Konakhan Dalgate encounter on Sunday.

The students reacted & pelted stones on the police, the witness said adding the police retaliated by throwing stones on the school building & fired tear smoke shells injuring several students. The protesters were demanding immediate release of their principal.

When contacted, an official of the police Station Ram Munshi Bagh confirmed the arrest of the school principal saying he was involved in anti-national activities. “The principal was involved in sloganeering & leading the procession of the people carrying the bodies of fidayeen”, the official said adding that seven other persons involved in the incident have been detained.

LAWYERS PROTEST AGAINST EVE TEASING BY COP

Srinagar, September 4: Lawyers held a protest demonstration in Budgam against the teasing of a prisoner’s sister by a constable of Budgam police lines. According to sources, Mohammad Sultan Pal of Chadoora was taken into custody in connection of a case against him. When the accused, accompanied by his sister, was taken to sessions court Budgam, a constable Surinder Singh 300/BD started teasing the sister of Pal. She complained to her brother. Pal reported the matter to the judge & the judge summoned the constable along with the SP & asked him to take the action against him. But the SP, according to the Lawyers, didn’t take any action against Singh. This infuriated the lawyers & they protested the SP’s action & demanded immediate action against the accused Surinder Singh.

‘MAGISTRATE HARASSED IN ISLAMABAD’

Srinagar, Sep 7: Complaints of harassment by the troops have been received from Khandroo, Islamabad. A delegation comprising of people from Shangus, Islamabad town & Srinagar accused the troops manning the area of subjecting people especially the passengers to great inconvenience. “The troops led by major, intercept vehicles and force the passengers to get down. They are then subjected to severe questioning and even thrashed without reason”, said the delegation. The delegation said the Major harassed a first class judicial magistrate posted at Shangus a few days ago. “The magistrate (Javed) was humiliated, while scores of passengers including some lawyers were watching helplessly. Even after he disclosed his identity the attitude of the Major didn’t change”, the delegation said adding, “If a judicial officer can be wrongfully confined, the plight of the commoners can only be imagined”. The delegation appealed the principle Sessions Judge, Islamabad & the Register High Court to take stern action against the Major.

NHRC SEEKS COMMENTS FROM J&K ON REARREST OF PSA DETENUE

September 8: The National Human Rights Commission issued notice to J&K govt. on the reported rearrest of a freed PSA detenue. The Commission called for the comments within two weeks from the Chief Secretary & Director General of police of J&K regarding allegations contained in a newspaper report of a PSA detenue being freed & rearrested. The news item captioned “PSA detenue freed, rearrested” appeared in a Indian daily on Aug 22 wherein it was reported that one Naek Mohammad, a disabled, was arrested in April 2003 in Lal chowk when he had reportedly gone there for treatment for his amputated left leg. The STF personnel arrested him & registered an FIR showing recovery of two Chinese grenades, 1 detonator & Rs 9650. Later, he was booked under Arms Act. However, the Judicial Magistrate Small Causes Court bailed him out & issued an order for his release on July 30, 2003. But, he was not released & was booked again under the Public Safety Act (PSA) on Aug 30, 2003. After this, in a petition challenging his detention, the high Court quashed all the cases against him. On August 21, 2004 when the Sadder Court judge issued orders of his release, Counter Intelligence personnel from JIC reached in the court premises within no time & tried to re-arrest him. The advocates, who protested the re-arrest, were manhandled by the police & were taken “hostage” up till around 2000 hrs, in the court premises. Ultimately at 2000 hrs they managed to whisk him away. Passing directions, NHRC Chairperson Justice A S Anand observed that if the contents of the report are true, it raises serious issues of violation of human rights.

NEWS IN BRIEF

SOLDIER COMMITS SUICIDE
    A soldier committed suicide by shooting himself at Rangward Baramulla. According to agencies, Naik PVR Murthy associated with the mechanical engineering wing of the army fired several rounds into his body.

SF ARRESTS CONGRESS WORKER
Doda, September 12: The security forces have arrested a Congress activist & village head (Nambardar) for involvement in the recruitment of militants of Lashker-e-Toiba (LeT) in Doda district. Troops conducted raid on the house of 34-year old Bilal Ahmed Nambardar of Tirankal-Thathri & an active Congress activist & took him into custody allegedly for having links with the militant group.

5 DETAINED
    Special Operations Group (SOG) of police arrested a patient of Doda during a raid on the Doctor’s hostel of Soura Medical Institute.

    Sources said that SOG men & personnel of 16 Bn CRPF jointly raided Doctor’s hostel at SKIMS Soura & arrested one Mohammad Iqbal Sheikh s/o Wali Mohammad of Gandoh Doda. The detained is a heart patient & was undergoing treatment at SKIMS. He was staying as a guest in the quarter of Dr. Ishfaq Ahmed, when he was mistaken for a militant & arrested by SOG men.

    SOG men arrested one Showkat Ahmed Sofi s/o Mohammad Sultan of Arampora Qamarwari Srinagar during a raid at Narkarah Budgam. They also claimed the recovery of arms from his possession.

    Troopers of 29 RR detained one Fayaz Ahmed Teli S/o Ghulam Rasool of Mamoosa Pattan, while as troopers of 13 RR apprehended Hanief Qureshi S/o Ghulam Mohi-ud-din during a raid at Bazipora in Ajas area of Bandipora, Baramulla. Police arrested a motor mechanic Mudasir Ahmed Yatoo S/o Ghulam Mohammad Yatoo from Nowpora area on Thursday.

POLICE RECOVER DECAPITATED BODY
September 25 Baramulla: Police recovered a decapitated body of Mohammad Yousuf Khan s/o Abdul Ahad Khan of Karegam Handwara near Chattipora check post on Friday.

    According to police, five unidentified gunmen had abducted Khan from his residence on Thursday night. The deceased according to police was a farmer. Police has registered a case and sent the body for post-mortem. They also arrested Khan’s cousins Farooq Ahmed Khan and Mohammad Ayub Khan sons of Afzal Khan for questioning. The police later on released the duo.

HC QUASHES DETENTION ORDERS
Srinagar Sep 28: The High Court quashed the detention of four detainees. The detainees are Imtiyaz Ahmed Wani s/o Ghulam Mohammad Wani of Hardushoor Sopur, Mukhtar Ahmed Bhat s/o Mohammad Sidique Bhat of Gulshanpora Tral, Sheerwali Khatana s/o Mohiudeen Khatana of Babu Sangri Handwara and Jamal-u-din Khan s/o Nizam-u- Din Khan of Kudabal Ahamsharief Bandipora.

    Justice Nisar Ahmed Kakroo quashed the detention orders issued by the concerned District Magistrates with directions to the state to release the detainee’s fort with if they are not involved in any other case.

BSF CONSTABLE COMMITS SUICIDE
August 31: A BSF constable committed suicide in Islamabad, reports said. According to sources, Chaman Lal, a constable in 90 Bn BSF posted in the Nillow, Kulgam area of South Kashmir, committed suicide. However, the motive behind the suicide & the modus operandi involved were not known.

SF VEHICLE KILLS MAN
    Wali Mohammad Dar of Nagri Mulpra died on spot after he was hit by security forces vehicle at Natnoosa Kupwara. Reports said on Wednesday police have registered a FIR. However, no arrests have been made so far.

TWO-ARRESTED
    One person identified as Ejaz Ahmed Ganai s/o Ghulam Mohammad Ganai was taken into custody by troops of 7RR in South Kashmir district Islamabad on Friday. Quoting eyewitness’s local news agency said he was dragged out of a minibus (JK013-3918) & was taken into custody after severe thrashing. In a related incident Task Force Personnel took Farooq Ahmed Ganai s/o Jabbar Ganai, an employee of Health Department into custody from KMD bus terminal Islamabad.

YOUTH MISSING
September 4: A youth identified as Riyaz Ahmed Beigh s/o Mohammad Yaqoob Beigh r/o Omar Colony; Lal bazaar has been reportedly missing since Sep 2.

    According to family sources, Riyaz (24) left in his black Santro car bearing registration No DLCY-3620 on Thursday (Sep 2) at 11a.m. Since then his whereabouts are not known. The aggrieved parents registered a missing report in Lal bazaar police station. Riyaz is a businessman & often remains outside the valley.

TROOPS DETAIN 5 CIVILIANS
    Troops took five persons including a police constable into custody during a search operation in Haff-Shirmal Shopian. Talking to “The Informative Missive”, villagers said that the troops of 1RR camped at Zainpora cordoned of Haff Shirmal village this morning & asked villagers to come out. During the crackdown the troops took five persons identified as Muzaffar Ahmed Ganai, a JKAP constable having ballot no. 786, Ghulam Ahmed Bhat, Ghulam Mohammad Shah, Sheraz Ahmed Bhat & Manzoor Ahmed Bhat into custody.

KILLINGS & INJURIES IN THE MONTH OF SEPTEMBER

 DATE

 SOLDIER

 MILITANT

 CIVILIAN

 OTHERS

 INJURED

Sep1

 

1

2

 

35

Sep2

1

7

2

 

6

Sep3

 

3

1

1 PDP &1 Renegade

7

Sep4

3

 

3

 

6

Sep5

2

2

2

 

5

Sep6

3

2

2

 

3

Sep7

1

3

3

 

4

Sep8

1

2

2

 

3

Sep9

 

2

4

 

6

Sep10

10

8

3

 

18

Sep11

 

2

1

1 Renegade

1

Sep12

2

2

2

 

72

Sep13

2

4

4

 

10

Sep14

3

1

6

 

9

Sep15

2

3

1

 

2

Sep16

 

1

 

1 JeI, 1 PDP

19

Sep17

1

1

3

 

1

Sep18

 

7

1

 

2

Sep19

 

12

3

 

3

Sep20

1

5

2

1NC

16

Sep21

3

1

2

 

6

Sep22

2

3

2

 

10

Sep23

 

3

1

 

6

Sep24

2

7

1

 

2

Sep25

 

1

2

 

 

Sep26

 

2

3

 

 

Sep27

 

5

1

 

7

Sep28

2

2

3

 

 

Sep29

1

2

1

 

6

Sep30

1

2

3

1 Cong

5

Total

43

96

66

7

270

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHRONOLOGY OF SEPTEMBER INCIDENTS

DATE

INCIDENT DETAILS

Sep1

1militant & 2 civilian were killed and 35 injured in different incidents of violence

Sep2

1 soldier, 7 militant and 2 civilian were killed and 6 injured in different incidents of violence

Sep3

1 PDP activist, 1 renegade, 3 militants & civilian1 were killed and 7 injured in different incidents of violence

Sep4

1 SPO, 2 soldiers & 3 civilians were killed and 6 injured in different incidents of violence

Sep5

2 soldiers, 2 militants & 2 civilians were killed and 5 injured in different incidents of violence

Sep6

1 SPO, 2 militant, 2 soldier & 2 civilians were killed and 3 injured in different incidents of violence

Sep7

1 soldier, 3 civilians & 3 militants were killed & 4 injured in different incidents of violence

Sep8

A soldier, 1 JuM battalion commander, a militant & 2 civilians were killed and 3 injured in different incidents of violence

Sep9

2 militants & 4 civilians were killed and 6 injured in different incidents of violence

Sep10

10 soldiers, 8 militants & 3 civilians were killed and 18 injured in different incidents of violence

Sep11

1 deputy chief of HeI, a militant, a renegade & 1civilians were killed in different incidents of violence

Sep12

2 soldier, 2 militants & 2 civilians were killed and 72 injured in different incidents of violence

Sep13

2 deputy commandant CRPF, 4 militants &4 civilians were killed and 10 injured in different incidents of violence

Sep14

3 soldiers, 1 militant & 6 civilians were killed and 9 injured in different incidents of violence

Sep15

A VDC, a soldier, 3 militants & a civilian were killed and 2 injured in different incidents of violence

Sep16

1 Jamaat-e-Islami activist& a civilian was killed and 19 injured in different incidents of violence

Sep17

1 CRPF, a militant, 3 civilian were killed and 1 injured in different incidents of violence

Sep18

 A Jaish commander, 6 militants & a civilian were killed and 2 injured in different incidents of violence

Sep19

12 militants & 3 civilian were killed and 3 injured in different incidents of violence

Sep20

A major, 5 militants & 2civilian, a renegade were killed and 16 injured in different incidents of violence

Sep21

A major, a subedar, a soldier, a militant& 2 civilians were killed and 6 injured in different incidents of violence

Sep22

2 BSF, 3 militants and 2 civilians were killed and 10 injured in different incidents of violence

Sep23

3 Al Mansoor commander and a civilian were killed and 6 injured in different incidents of violence

Sep24

2 soldier, 1 civilians and 7 militants were killed and 2 injured in different incidents of violence

Sep25

A militant and 2 civilians was killed in different incidents of violence

Sep26

2 militants and 3 civilians were killed in different incidents of violence

Sep27

5 militants& a civilian were killed and 7 injured in different incidents of violence

Sep28

1 SPO, a soldier, 2 militants and 3 civilians were killed in different incidents of violence

Sep29

1 soldier, 2 militants & a civilian were killed and 6 injured in different incidents of violence

Sep30

1 soldier, 2 militant, 3civilian and 1 Cong were killed and 5 injured in different incidents of violence

The Informative Missive

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