KASHMIR KARGIL RESOURCE FILE
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- KASHMIR KARGIL RESOURCE FILE
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RF_IH_19_SUDHA
Subjects (utormattve Missive — Human Kights in Kashmir
Dfltg Wed. 20 Mar 200? 07:28'35 +0000 (GMT)
Front t rarvez Imroz <rp_imroz@yahoo.co.tri>'
Tot «uchnel@plavtbrpeace.crg. rajisun@del3.vsnl.net.iii
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LMbtrieads,
.Xrt-iched please find the copy of Informative Missive, newsletter of J&K Public Commission on Human Rights.
killing-died in an encounter with security forces
at Ilajipora,
On 15* of February 2001, another heart
stunning incident Ux>k place in which my
daughter got killed. The inhabitants of our area
held a protest demonstration against the
custodial killing of my nephew’s brother-inlaw. Jalil Ahmad Shalt son of late Abdul Qadir.
The protesters were demanding Jalil’s body and
I was also in the procession. The security forces
opened fire without any provocation resulting in
the death of four persons including my
daughter, Rilquis, 2.3, RA student.”
Hanccfa said the killing of her husband,
son and the daughter has left lite family in a
pathetic condition Hanifa has a nubile daughter
besides two sons the eldest being the lone
bread-earner for them.
Bodsi ©airy
One Alif Din, 56, son of Noor Din a
petty government contractor hailing from a
wayside village Jathi. of Doda district is a
chronic heart patient. From August to ending
November 2001 he was at Delhi for medical
treatment. He was admitted to ICC? Pant Hospital
for cardiac disorder. But little had it dawned on
him that his return to Doda would turn into a
nightmare and he will be booked under the
draconian Prevention of Terrorism Ordinance
(POTO) without any rhyme or reason.
him under FIR 18/ OK dated 31st October
claiming his involvement in a firing incident.
He was booked under section 7/27 Arms Act
and section. 307 RPC. When Alif Din moved to
the court for bail, the police booked him under
POTO.
On 1st of November, he was taken to
JIC, Doda without any charges, where he was
put to sustained inTerrogation fill 10^ of
December 2001. Alif Din was taken to the
district hospital, Doda for medical check up.
Reaching Jammu he was auested on
28“ of November 2001 by a constable of police
station, Narwal and whisked away to JIC, Doda.
There .Alif Dm was ioiiured by the then SP
Ashkoor Warn for bems a “sympathizer of
militants”. He was allegedly asked by HR
interrogators io arrange a hefty sum io secure
his release. Alif Dm refused and police booked
Whereas he was picked up ou zom or
November 2001, police has recorded the date of
arrest on 18* November.
He was again sent to JIC, Doda on 21st
of December 2001. After a couple of days he
was brought- to the District Hospital Doda and
was shifted to Jammu for medical check up on
28* of December 2001.
A
Victim’s
The Hon’ble Minister of State (Home)
J&K state
Camp-Doda
Informative Missive
February 2002
husband doubting him as a militant or
A young 22 years old illiterate village
household woman seeks indulgence of your
sympathizer of militants. I can recognize
esteemed institution for justice.
and identify* the culprit by* face.
That from the moment onwards the child in
my womb stopped io show movements. My
husband a labourer was out of station. I
accompanied with a neighbourer back to
Doda consult a lady doctor in District
Hospital. She took the matter casually
didn’t ask for story of injuries and
prescribed some medicines. Prescription is
preserved. On the intervening night of 11
That I reside at Kora Kalihund in Telisil
Doda with my aged-old mother-in-law and
a 2-’/l years old daughter. My husband
Abdul Latief being labourer was out of
house on 6th February 2002.
That I was pregnant by about seven months
and on 6“ February 2002. one officer along
with about 30 soldiers of 10 Rastriya Rifles
camped at Udianpur came Io village and
and 12 T feel acute pain. I was shifted to
entered in our house beating one and all.
They beat mv mother-in-law and me also.
Seeing me somewhat, beaiitifu! as they
claimed tucy askcu me to send my nusbanu
to 10 RR camp. He was not at home. Some
made derotratorv comments and said they
will come at night.
That feeiing me danger ar rhe hands of these
RR troops. I and my mother-in-law being
without a male member in the family locked
hospital and gynecologist took out the dead
baby, Sinc.fi then I am in the hospital
admitted •utider MRD No J 24 ward no. 1
bed No. 5. A Photostat copy of the
certificate from the doctors is attached.
That on 12w of February, the SHO and DSP,
Doda visited in presence of Tehsildar Ex.
Magistrate, Doda. My statement was only
heard but not recorded. I was under
impression that FIR may have been
a
registered but now when I was come back
neighbouring house of Mohamdoo Khandv.
Thai on the intervening night of 9“ and 10“
Februaty 2002 some 15-20 soldiers again
visited the village Kora after midnight
knocked the door of Mohamdoo Khanday’s
house, entered forcibly got tea prepared in
the room where ladies were sleeping. The
officer called by his soldiers as Sahab (sir)
on the pretext of asking some questions
took me to another room. Three soldiers
to my senses I was told that even a FIR has
not been registered against the accused.
house
and
slept
for
a
night
in
The innocent reputed housewife of Ghondl
Ji’s country requestfor justice, which may
kindly be administrated.
Date 14-02-2000
The Minister has directed SSp. Doda to
take an immediate action, but nothing has
been done.
accompanied him The door of other room
was closed and two soldiers on the orders of
Sahab opened my trousers, dropped me on
the floor and the Sahab raped me. I tried to
raise hue and cry but one soldier closed my
mouth with my dupatta (veil) and the other
soldier eatched my one anti. The Sahab
raped me till his satisfaction and then
siapped me and directing me not to disclose
rhe rape otherwise his force will kill my
Shameema Degum
W/o Abdul I.alief
R/o Korakalihand,
Doda
laie of Naseema Beguin
iniormaiive Missive
14
February 2002
(.hie Naseema Begum wife of Abdul
Qayoom Mir resident of Behota Tehsil, Doda
stares through an affidavit to the Peoples Forum
for Peace. Doda that she is an illiterate
husband is a labourer who often remains out of
home in connection with his daily earnings.
That the troops of 8 Rastriya Rifles stationed at
Behota many times visited with one 01 the other
pretext to our two room house and misbehaved
with them.
On 3m week of January, her husband
was arrested by 8 RR troops when he had
returned to home from work and was detained
for one week. Naseema Begum was taken to a
camp on
of January' and she was also
forced by the officer to make a statement that
militants have given her money for paying it to
one Ghulam Nabi Beige a Sarpanch st the area.
failing which they threaten that her husband will
be killed. She remained under pressure from the
local commander of the 8 RR, who has personal
grudge with the Sarpanch, who commands
respect in the area. The local commandant said
that Sarpanch Ghulam Nabi has defamed him
and he wants to teach him a lesson. Naseema
was molested in the custody but not raped. She
was told her husband will be implicated in a
false case. She was told to received 30.000
rupees from anywhere and pay them for
releasing of her husband, as she refused to
oblige the army.
detained there for two days. Where she was
B^^gaKMqiairtEsgiHiifatjgamiiajirartreiB^om
jljIST ui poiiiicai deienues detained in different Jails
I S.No. !
Name of some political detunes
i______ aetaineu in dilierent jails
1
Jails under which they arc
detained
1
' Mohammed Ashraf Sehrai
1 Central Jail.. Hazari Bagb. Bihar 1
2.
i i?iuii3u&iii€u
i V€liti'ai
1 Sheikh Abdul Aziz
1 Shakecl Aiiiuad Sakslii
; Hakim Abdul Rashid
1 Central Jail.. Hazari Ba?h. Bihar :
’ Central JaiL» UiiZai’i iJuaS’ii, lliiiHi’ .
1 Central Jail.,Jodhpur
i jVj.3SS2rat Ata ill U5iu:i
i
j 3.
i 4.
6.
r
: Mohammed Yousuf Mujahid
:
■ Q
; juri*. vriiliaciill ;.<! Olla ill
: 7 3.
> vJt: u i«i;ill xt'j.viIm iuiI£gCv». .solicit
Hri.
1 Adv. Qazi Abdullah
Abdul Aziz Bar
imonnaiive Missive
k jLiSZal’i i*2£*ii? 3J>iuSi
•
Jaii«> J'G'Uiipiii’
Central Jail..Jodhpur
• v?€iaii‘2i u>aiL> aOGupuF
Central Jail.. Jodhpur
j GClxit'cax uiiiig, Jodupur
; Central Jail. Jodhpur__________ !
February 2002
Mukhtevar Ahmad Waza
12.
13.
■ 14.
■
j. v.xLI ix:i ci? V cc •'
1 16.
Parvez Ahmad Dar
CJentra! Jail Jodhour
<' s-».i«-»a 2 hi
Ghulam 5abi Dar
1a sA1 «-4<1 kjvil
i ”f
Shnbir Ahir.o.d Sheikh
18.
Saidullah 1 antra v
........' ”■
^2,
! Central Jail, Srinagar
Central Jail, Srinagar
District Jail, Kathua
■District
lECuth 112
I Central Jail, ICot Bhalwai
■
Amir ivionammed Shams!
! .District Jail, Bajouri
AI ,LM iED HARASSMENTS
of rebmary
inhabitants oi
alleged excesses. The inhabitants of the area
area of Srinagar accused Border
alleged that the BSF personnel cordon the area
On r
area against aiiegeci harassing and subject them
every' morning and subject the people to
inhuman treatment
However, a BSF spokesman denied
these allegations and declared these allegations
Hamdania colony. Bernina, accused the BSF
as baseless and false. He said their men
personnel of harassment. The people of the area
maintain cordial relations with the innocent
people.
Ltxtrs wUuicisi Lxecuaons
One Abdul Rahim Guiiar is an alleged
case of custodial death from Panzla Pstftabad
Baiamuila. It is alleged that Abdul Rahim was
arrested on 1“ of Feb by’ the security’ forces and
A police spokesman said during
interrogation he agreed to lead the security
forces to a Judeout. While thev were returning
to their unit, militants opened fire and in the
shoot out Rahim was killed.
Killing of a Beet
On 12“ of February, a well known poet
Ahad was killed in an exchange of fire between
ill utciauv vuvies. nuuui Ailau Dual. 45. of
KJianpora, baramulla district working as head
clerk in the office of Chief Animal Husbandry
The two-member team of PCHR also
visited to Baramulla on 14“ of February where
they met different sections of peoples including
jKli, posted at Haramuha. ihe people of
Inc leiauves of the deceased. Some young
Raranwlla took to ‘he streets and held strong
people were furious with the press. They told
the team that lot of persons in the town have
eight thousand people in a procession went to
been given the press cards at die behest of
the office of Deputy Commissioner. Baramulla
intelligence agencies of the army. It is therefore
prevented the phoiojoiinialisis to take the
against the perpetrators. Some pelted stones at
photographs of the processions. as they believed
the office. The security forces fire several shots
that tlie army later on arrests the leading activist
of lhe mob.
spokesman told a local uews agency that Abdul
Informative Missive
At the Baramulla District Bar
Association few lawyers express their an^er
February 2002
with the ream as daily killings are taken place in
remote villages where nobodv visits. But only
in towns or cities, which arc convenient to the
The SP assured the delegation that incase army
conducts any raid in future the civil
administration would be accompanying them tc
Human Right Groups and press reporting, are
prevent the harassment. Thai was the grudge
made. They were aghast over the indifference
towards the invisible and major human rights
against my father and his killing was a
preplanned murder. The army asked the name
of my elder brother Tariq and my father who
was standing on the staircase told us that he will
talk to army personnel’s himself. Without any
provocation my father was shot on bis head and
chest and mv brother Naseer, a student of PUC
violations being taken place in remote villages,
particularly near the LoC.
According to the statement of Waseem
son of Abdul Ahad Shat. On the intervening
night of 12-13 February. there was a raid
received bullets m his neck. The army forced
fattier was present at the home, before trus
incident in the month ot January & Februarv'
there
uenerwl harassTnent in the area anti
people were uaCu to arrest oy tne security
iorces. Seven boys were arrested three days
hack hefXie this incident
Tn this behalf a
the body be buried in their presence. Police look
the body at 9:00 am. they were not handing over
I he body.
One person stated that ivlajor PS Pathak
of 10 JKL1 was responsible tor the killing. The
Baramulla town observed complete shutdown
for three days,.
superintendent of Police including ntv father.
RSSOOI. 30. 2112S L,3SS2. SOU 01 10b2i of
Anchor, Soura was allegedly killed in
custody at the hands of SOG. He was
fiilhermg eight mirn'r children and working
in a Mosque as hamum (look after the
Mosque utilities). He was allegedly arrested
by the Special Operation Group (SOG),
stationed at Ganderbal on 15“ of February
and later on shot dead him in a cold blood.
The news of Ghulam Rasool’s killing
s^rcsd like 2 wild fire
$hc pc-o^e of* the
area took to the streets and held protest.
demonstrations against what thev called the
Youth's body exploded
On 19 ‘ of lebruary, a youth
namely, Bashir Ahmad Malik son of
Khan.
Bandipora
was
allegedly
first
iater detonate, his body by an explosive at
f’hrtnttnnnnta Rnt on
of Pehnia.iv. the
inhabitants of Bandipora area took to the
street and held protest demonstration
informative Missive
extra judicial execution oi Crliulam Rasool
at the hands of SOG and demanded the
stern action against the perpetrators. In
order to disperse the demonstrators policefired in the air.
The inhabitants of the area urged the state
government to disband the SOG group of
the state police. But the police version was
contrary to the people’s allegations and
declared these allegations as baseless.
Police said that Ghulam Rasool was
apprehended by the ^ersoime^ of SOG 2nd
army and recovered large quantity of arms
and ammunition.
against what they alleged that Bashir
Alunad was killed in custody by security
forces. lie was tortured ruthlessly and later
tied an cxpiostvc material witu ms uouy ano
detonated it.
Bashir was nothing but a farmer, by his
profession anH has no inclination towards
militancy and people of the area demanded
February 2002
rapid action against the perpetrators who
However,
a
police
spokesman
1xynr*n R-ivhir AhrniuJ i'X'k
to a iiiucuui iui icvOVciy of anus arid
ammunitions and an BED blast went off in
Bashir. Police further alleged that the
militants Wanted this BED to target the
security forces personnel.
Ghulam Nabi Have requested tne Home
A/finister and the DGP fix the intervention in
tills iiiaI iCi.
on 26th of February, a Jama'at activist
identified as Abdul Ahad Masrcor resident of
members alleged that rhe security forces
arrested him and took him to some unknown
his welfare.
; Date
Feb 2
I Fen 5
rpb n
1 \^uS»Gdia<uA
I
1
*
1
j
:
re!) 17
! FpH 1Q
inionnauve Missive
' Ml 7^_ _
| ?T V-AAVia AAAJtCu
!
!
i
*
•-»
tPCSt aGamvCs
i jurisappcsrsiuccs
;
3
*
1
j
i _ _2_______ jL_._
*
4
*
5
February 2002
!
Killings in Hip month of I'fihrsmry
j m brma i ive ivlissi ve
*
Feb 9
1 cb
Feb 11
Feb 12
; Feb 1 <
1
3
X
1
2
*
i
*
X
X
3
I eb 14
■
February 2002
is
<
■ reo 17
” ' Creh 19
5
2
J
*
*
*
*
3
*
X
!
*
1
(
*
4
*
IX
4
Z
9
3
3
i
•/
1
i
»
*
!
tx
*
*
2
! rebzl
Feb 22
1 Feb 23
*
3
1
1
*
3
7__
2
*
7
i
*
3
I
20 (i officer)
*
*
• Feb 25
Feb
\ reb 27
Feb 28
’ Total
1
i
i
7
3
_ 2_______
.
*
d
2
3
1
12o
52
6
Feb 2: Five militants, a suspected army informer, a woman and two Village Defense
tnetVihpT’<‘ fnn’1 HvA civilians we*’e killed in cp-ve^l mibtnncv related
jHviuciiib in me state.
■ A Special Police Officer’s mother’s nose and cars arc chopped allegedly by militants and
'ittjiiCSSi
I waive militants and two army jawans were killed in several militancy related incidents
while as police recovered a dead body of a walnut dealer identified as Mukhtiyar Ahmad
Feb 4- Six militants and two women were killed in several militancy related incidents and a
pro-government militant was shot dead by security forces mistaken him as a militant in
JK. "
Feb 5: Two militants, a child and his mother were killed in several militancy related
!
Feb 7: One militant, two Ch ilians, a National Conference worker and an SPO were killed
in several militancy related incidents in the state,
Feb 8: Five militants, a soldier and a civilian died in several militancy related incidents
in the state.
Feb 9: Five militants and a civilian died in several militancy related incidents in the state.
Feb 10: Two militants and three soldiers were killed in militancy related incidents in the
state.
Feb 11: Security forces during a search and cordon operation recovered an unidentified dead
body of a youth from Moghal Maidian area of Doda district.
*
: Three militants were killed while as four soldiers were injured in several
DHiitdHcy rciutCG mciGciits in the state.
Feb 12: Two militants and a BSF man died in several militancy related incidents in the
state.
*
: Police recovered a dead body of one Mushlaq Ahmat’ Wani s/o Mohammed
Yousuf Wani from Kiangsoo on Mattan. Islamabad. The deceased according to
reports was a pro-government militant.
Feb 13:Eight militants, two cops and an ex-serviceman died in several militancy related
incidents in the state.
*
.■ Police fired in air at Baramulla to disperse a protest demonstration who are
protesting against the killing of a government employee namely, Abdul Ahad at the
hands of security forces.
Feb 14: A group of unidentified gunmen first abducted the son of a cop in Rajouri district
and later chopped off his nose, ear and shot him dead.
Feb 15: Eighteen militants, a soldier and three civilians including two women were killed
in several militancy related incidents in the state.
Feb 16: Four militants and an alleged security forces informer died in several militancy
related incidents in the state.
*
: A dead body of one Mam Din son of Fathe Mohammed was recovered by the
police lroiii Gabra in Karnah, Kupvvara.
Feb 17: Two militants, five minors, two women and a civilian were killed in several militancy
related incidents in the state.
Feb 18: Eight militants were killed while as two soldiers and SPO received injuries in
different militancy related incidents in the state.
Informative Missive
21
February 2002
Feb 19: Three militants, two soldiers and a civilian died while as scores of persons
received injuries in several militancy related incidents in the state.
*
: The armv personnel allegedly severely beaten scores of people including a
tnrl namely Afshcin?.
student of li class who later was
hospitalized after the army was attacked by the militants.
Fcb20: Six militants. a BSF man. a pro-gov ernment militant and two civilians including a
woman died in several militancy related incidents in the state.
Feb 21: Three militauTs and a civilian died in several militancy related incidents in the state.
*
: Police recovered the dead body of a youth from Gopalpora, ivlattan identified as
Mohammed Yousuf son of Mohammed Rajab resident of Ondsoo, Achabal.
Feb 22: Three militants, two civilians and a soldier died in several militancy related incidents
in the state.
Feb 23: Three civilians and seven militants were killed in several militancy related incidents in
the state.
Feb 24: Two mililanls and two civilians were killed in several militancy related incidents in the
state.
Feb 25: A soldier and two civilians were killed in several militancy related incidents in the state.
Feb 26; Twc militants and a civilian died in several militancy related incidents in the state.
Feb 26: A Block President of blational Conference was shot dead by some unidentified
gunmen ai Hazraibai, Zakura. The deceased has been identified as Haji
Mohammed Tsmaiel Ttar.
Feb 27: Three militants and two civilians were killed while as scores ofcops received injuries in
several militancy related incidents in the state.
Feb 28: Four militants, a pro-government militant and three civilians were killed in several
militancy relared incidents in the state.
Legal Gel!
PCHR has constituted a legal ceil, which wiii be providing free legal assistance to the victims of
; human rights violations. Besides, PCHR will be riling Public interest petition before the Supreme Court j
; of India and State High Court for enforcing the fundamental rights of the people.
i For help contact: Legal Cell, PCHR, The Bund Amira Kada!, Srinagar Tel. Ho. 456381
jnii’onyiativ& Missivs
For One year Subscription
individuals
India
Rs. 100
Overseas
US$30
I institutions
Rs. 500
US $ 100
February 2002
Lack of transnarcncv
incidents have taken place in the state be
it Gow Kadal massacre, Kunun-Poshpora
mass rape or Bijbehara killings nobody
knows what about the progress of the
investigations and why perpetrators were
not punished.
It is only the Pandian Commission
(which probed the firing on peaceful
demonstration
at
Barakpora/Bulbul
Nowgam, Anantnag on 03-04-2000) that
proved an exception. The commission
termed the iiring unjustified and provided
suggestions tor preventing recurrence of
which is reeling under conflict
its seem afraid of
rulers don’t want the
and
The
causaljtv in the war. The
has been massive human
Most
international
nature
or
these
Pandian
be conducteo oy concerned
'Vmmiwi Arters
Also
30*^
Besides
also conducted internal
henever the soldiers ran
alibi mat it will demoralize the army.
liiiprovoKcu
highly
who
Were
responsible for unwarranted attack
amount’ng t<? murder, a11emp* murder and
causing grievous hurls and without any
justifications and authority, no action was
taken. It is learned that the officers have
been promoted instead of punished. The
resilience of the government under the
pressure of the union government to
conduct further investigations into the
incidents
of
Chiuisingpora
and
Pancehalthan was refused. The Public
Commission for Human Rights (PCIIR)
has managed a copy of Pandian
Commission and has decided to publish
relevant portion of it in this issue of
findings of five administrative enquiries
ordered by the government in 2001 have
'uie
was
unveiled ihe “democratic face" of the
killers.
i lie Pdiiuidii commission was
tabled
in
the
house
but
its
recommendations were not implemented.
Ihe seven public servants belonging to
two
re into the incidents
numssion) to
Commission
unarmeu
been
has to iieht what the government
PCHR believes The exposure of
But the major reason before the
nemelrglfw ofhum;m tktItI plti(he
jaiinnu and 1
is
embarrassment
the human right
giOUpS
ailu
to avoid
major deterrent io minimize the human
right violations and it is therefore the
repot i Ox i aiiuiaii commission is ocmg
published.
tile
m tenia
concerns, which th
Informative Missive
have als<
2
February 2002
The PCHJt is publishing the excerpts of the 153 pages Commission report for the readers.
Though the report was tabled in the Slate Legislature, it was not made public. The PCHR has
managed a copy of the enquiry and is reproducing the relevant portions.
Preface
having fell in its opinion that it was necessary to
appoint a Commission of Inquiry to enquire into
the event of firing on a procession of inhabits
IFOU1
x~iCiiavcii
iiicS
Ox
uiSuxvi
/-wailulag
<lt
Barakpora'Bulbul Nowgam (Anantnag). On 3’d of
April 2000 in exercise of the powers conferred by
of Euuuuy Act, 1962 (heieiuaiiei teieued iv as
‘the .Act’) has appointed this Commission of
took charge and commenced its functioning from
16* May 2000(AN). On the very next day Le. 17th
May, 2000, the Commission along with its
secretary, Shri G.Q. Mughal and other officials
visited the scene spot of firing at Barak nora / Bulbul
Nowgam (Anantnag) and the SOG and CRPF Camp
Building barring rhe security posts.
Thereafter, on the 20“ May. 2000, the
Commission issued a public Notification (No. JPC /
J&K- Aug /'200G/77-30) inviting all the individuals,
group of persons, associations, and organizations
having knowledge, directly or indirectly of facts and
reierence:(a) To enquire into the causes and
circumstances leading to the event of
•urns at Suiukpuia outbid i Nowgam,
(Anantnag) on 3‘“ of April. 2000,
resulting in the death of five persons
Gil the 5pOt clxld CaUSHlg li) JUIiCS to
ethers of whom Three succumbed to
their injuries subsequently:
to enquire whether the force used in
firing on the crowd was justified or
not;
Commission under the above said Notification
was to submit its report within three months
period, which was later extended bv a subsequent
Notification SRO. No. 236 dated 10“* July. 2000
directing ’that in Notification SP.O-99 dated 17^
April, zuoo "lor die words 'three months' found
in paragraph 3, the words "seven months shall be
substituted”.
(b)
Commission under the above said Notification of
Enquiry, thank the Government of Jammu and
Koqbmtr
IC*r
hdtinq
’22'?
With
vppvxiuxuiy iv serve ui ixua Cviiiiixiaoivii uiluer the
above said iNotitication m enquiring into the event
of firing under reference and to make suggestions
In response io die above Government Notification
SRO No. 99 dated April 2000. the Commission
in formative missive
circumstances relating to the matters referred to the
Commission and having interest in the proceedings
before the Commission or who wish to assist the
. Com-minion in the suggestions, to nimish their
statement of facts / allegations in the form of
affidavits duly verified and authenticated within the
meaning of section 139 of Jammu and Kashmir
Code of Civil Procedure. Svt.1977 (1920 A.D)
along with three Photostat spare copies there of,
within 15 davs from the date of publication of the
Notification. This Notification was published on
20th May, 2000 in various newspapers both in
English and Urdu, which are in wide circulation in
the State of Jammu and Kashmir and in addition by
broadcast and telecast. Besides sending a copy of
this Notification to the President Bar Association.
.Association of the District & Sessions Court,
Anantnag.
Thereafter at the request of some
organizations, the period tor filing of statements /
allegations was extended by ten more davs with
effect from the date of expiry' of the earlier period
by' a subsequent Notification vide No. JPC / J&KAug / 2000 / 7-30/A'%7-62 dated 6J1 June 2000.
This subsequent Notification was also given due to
publicity* in tlic same mamicr as was given to the
original Notification. (rhe copies of the Notification
of the Government No. 99 / 2000 dated 17“ April,
2000 and the subsequent notification No. 236 dated
10th July, 2000 as well as the Commission
February 2002
Notifications dared 20-05-2000 and 06-06-2000
Jammu.' witn a copy oi a President, state Akali
Dal Jammu for information in response to their
uie extension of time for filing oi statement /
then SHO, Achabai, Police station, shri Sayeed
Gazanffer. Snb-Insnector. were received.
evidence
me complainants
TTQrn 07-06-/000 holnino the enquiry at Dak
Bungalow,
Klianabal
(Anantaag).
The
complainants were represented by their counsel
Shri Manzoor Ahmad Ganie of Srinagar and Shri
SllctvVj
>0-06-2000 the
evidence of eleven witnesses (C.ws. i toil) and
four witnesses on the side of the Commission
^vlupicicix,
NO. J PC/ J
Commission enquiry ruies. i 964 informing each
one of the personnel of both SOG and CRPF that
men (i.e. 2<J June. 2w0) and of several affidavits
received, was of the opinion that there was prima
facie evidence involving every one of those
personnel pvsleu/slaiioned ai Barukpoia Camp
(Anantaag), with the incident of firing against the
processionsts who were proceeding towards
Anantaag from Achabai on 03-04-20C0 at about
1:45 or 2:00 pun. resulting in the death of eight
persons tn total and inuring many other
processionsts and the Commission was of the
view taal the auove prima facie evidence if un
rebutted
was
likely
to
prejudicially
from the complainants, side and the other records
received from the police and the evidence recorded
rill then to be furnished free of cost to the counsel
for the complainants as wcl! as to the counsel for
SOG and CRPF personnel on or before 26th June.
ruttiler enquiry was posted to 5 July 2000, on
which date, learned counsel Shri Anil Blian look
further time for filing the affidavits of the SOG and
CRPF personnel and the list of witnesses to be
cross-examined aiong with fne names of the
witnesses to be summoned on their behalf. At his
request the maWAr was adioumed. to 12th July 2000.
On 12111 July 2000 the affidavits sworu to by five
SOG personnel and 10 CRPF personnel were
submitted. Thereafter, for the examination of the
remaining complainants witnesses and crossexamiuuuous of the witnesses already examined the
enquiry was adioumed to 18“ July, 2000 from
which date onwards up to 26lh of August, 2000
evidence of the witnesses was recorded and
documents were marked. Thereafter, with the
consent of all the concerned parties, the venue was
shifted to Banquet Hall, Srinagar, where the
evidence of the Commission witnesses No’s. 14-21
affect
of me personnel relating to rhe incident of rhe
Informative iviissive
firing and adding that the notice was given to them
in order to give a reasonable opportunity of being
heard in the enquiry and producing evidence in their
defense and calling upon them to appear before the
Commission at Dak Bungalow, Khanabai,
(Anantaag) at 1 ’ am on 24“ of June 2000 either in
person or through their counsel or with the
permission of die Commission by any other person.
if any of the person or all so desire. (A cony of the
notice is also annev^d here with)
It may me mentioned in this contest that a
parallel investigation in respect of this incident is
being conducted under the Code of Criminal
Procedure by the Deputy Superintendent of Police
Anantaag and it is said that the investigation is
nearing completion.
On 24 June 2000 Shri Anti Bhan learned
counsel appeared before the Commission on behalf
of the SOG and CRPF personnel and requested for
extending the time to file their statements of rebuttal
in the form of affidavits, up to 5th July. 2000. At the
request of the learned counsel for all parties, it was
directed that the copies of the affidavits received
viz., complainants witnesses 1 to 21 and
Commission witnesses 1 to 21 was completed by
19,b of September, 2000 on which date the
February 2002
Commission, ai the request of the counsel for both
the parties, directed that copies of all the
deposition of tho witnesses to be fnniished to
both parties free of cost. The matter stood posted
to hj~ October, 2000 to unable the learned
counsel to finallv address the Commission.
Snri Zuiiikar Ahmad Jan on behalf of the
complainants Shri .Anil Bhan on behalf of the
proceedings or tne commission stood closed.
Though the Commission classified some
of the witnesses os complainants (C.'.Ys.) and
some uthei as Commission witnesses (Comil. Vvs)
and similarly marked the documents, such a
wpc pdnnfpd only for 3 nyoner under
stcUxdmg oiid appreciation of the charge and
counter-charge of rhe respective parries. However,
such a procedure was adopted to facilitate
undercTand
case of the respective parties.
The Commission, in its view, felt that it
vi-fniiin the fitness of things to seek the
considered views of some of the high officials of
the Government to discuss the measures to be
adopted for preventing recurrence, of the event
like Barakpora in future and according had a
forma! meeting v.itft the following officials at
4.pm on l-> Ovi, 2000.
1. Shri C Phonsos. LAS, Principal Secretary to
Government, Home Department,, J&K,
2.
Snri. Naveed Tviasood, TAS, Commissioner
and Secretary to Government general
Secretary to Government, Law Ltepartmenr,
.T&K. Srinagar and
4.
Shri. Khursheed A.Gani. TAS, Divisional
Commissioner, Srinagar. Kashmir.
All rhe above officials were kind enough to
attend the meeting and put forth their viewpoints in
the matter.
I,earned counsel appearing for both the
parties also gave their ■'.lews when the}' made their
junai representations before the Commission on 10
Oct 2000.
of the facts brought before it, has fervently made its
sincere efforts to deeply and thoroughly analyse ail
the oral, circumstantial and documentary evidence
made available to it, in their proper perspective in
the backdrop of lire causes and circumstances that
lead to the event of the firing, to the best of its
ability in an objective and impartial manner and
without being carried away by any emotional or
sensational consideration and has rendered its
finding of facts besides making several suggestions
to avoid recurrence of such events in future
The Commission is submitting its finding of
facts and suggestions with the hope that the
Government will consider the same and draw its
own
course
of
action
for
expeditious
implementation.
The Commission is thankful to all learned
counsels who appeared for all the parties and the
learned counsel for the Commission, who all co
operated in smooth conduct of its enquiry and
completion of its report within the prescribed time;
and to all the concerned officials of the Government
for their kind and timely co-operarion, the absence
of which the Commission could have not been able
to complete the process of enoviiv nnd submit its
report and io all (lie high officials, who attended the
meeting held on 13“ October, 2000 and put forth
their views.
(October 27-2000 Justice Rainaval Panuian (One Man Commission of Enquiry)
Background ol BraKpora event
(The causes and circumstances that led to the event of tiring at Barakpora I Bulbul Nowgam on
03/04Z2000>
inception fervently feeis it veritably imperative
to give a graphic sketch of the revolting
background of ” the causes and circumstances
leading to the event of firing at Barakpora/
Bulbul Nowgam on 3~ of April, 2000” as a
Informative Iviissive
prelude by recapitulating the unbroken and
continuous sequence of the two other earlier
events-namelv. the dastardly killings of thirtysix people of Sikh community at Chittisingpora
and the killings of five persons at in Pathribal in
Pancehalthan which are most germane to the
rc’oruarv zGuz
event under reference, without which the
Barakpora event will appear to be an isolated
<4ientr»/>rvn-rt
VltbCUT ?22v XOOt CftUSe 01
genesis. To put it briefly, the Barakpora event.
maeed, would not have happened nut for the
prior two successive events i.e. one closelv
The terms of reference under SRO-99
dated 17:h April, 2000, though, in their ambit
ciiiti scope, UiC limited omv io me enquiry into
the event of firing on a procession of inhabitants
from Achabal area of district Anantnag at
--------
- -------- „
~ 3rd
The three horrible incidents referred to
above are: (r}Thc dastardly and horrend^n® killings of 3^3
innocent people of the Sikh community at
Chittisingpora in Anantnag district on the late
evening of 20* March 2000.
(H) The abduction of five persons on 24111
March, 2000 from ihree different places at the
barbaric killings of those persons on the
following day', i.e., on 25 March in an alleged
encounter at Pathribal in Pancchalthan within
the limits of Anantnag district and thereafter
obliterating the evidence by completely charring
three of the dead, bodies within a “Khof' i.e.
ApriL 2000" except die one under term- (d)
(mall hut made of wooden logs with etuihen
requiring the Commission in general “ to make
top) and leaving one of the remaining with
missing of rhe entire unner portion of the body'
over and above the chest including head all with
the mala fide intention to getting rid of even rhelast traces of physical identity and finally
buxx’ius
tbff de nd.
at th? vanous pieces
with hi a radius uf 2 to 2 '/z km and far away
from the scene of alleged encounter.
£TTI} The event of f»nng at Harakpora/ Bulbul,
Nowgam within the jurisdiction of Anantnag
district on 3 April, 2000 resulting into the
death of five persons on the spot and causing
injuries to many others of whom three
succumbed to their injuries subsequently;
Before setting forth sketchy account of
the events that had happened at Chittisingpora
and at Pathribal in 1’ancehalthan, the cumulative
effect of which was the root cause for the
subsequently firing even at Barakpora, this
Commission primarily' contemplates to duly'
lake not of certain indisputable significant
futures which place a dominant role in assisting
the Commission to survey the then prevailing
situation and circumstances under which all the
have
a
perfect
and
comprehensive
understanding of “ the causes and circumstances
ten it ucvcs&aiY iu give a unei buiiiuiaiy vi uic
gory details oi brutality oi the two earlier
jwtnirrpnrw. Pul hI ihp SKTT»e hnin (hl*<
jurisdiction and limitation within the terms of
its purview nor the Commission is called upon
to dri’I-deen into the facts of those two events
and render its finding.
Be that as it may. rhe totality' of the
cvidcncc-both oral and documcntary-placcd
before and collected by the Commitsinn as
wen as tiie amuavits submitted by individuals
and few organizations demonstrably show, in no
uncertain terms, that all the three events that had
die district of AuauUiag, aie inextricably inlei-
gruesome killings took place and also to
linked with or interconnected to each other.
deep cogitation, strongly'' feels it inevitable even
at the threshold to categorized all the events in
properly evaluate the evidence in such
background, so that all the issues cent around
the terms of notification arc examined in the
correct perspective without ducking any' of
those issues.
two euiuet msUurces/evems, m otdei io have an
1. All die tiuee events of Originating from
insight study thorough understanding oi the
Chittisingpora massacre, then followed
bv the Viltina qt Parhnbal >n
Paacchalllian
and
ending
w ith
i/xOKCii Ciiaiii Oi CVCiiiS, two v^viullliSSivil, OH cl
informative Missive
February 2002
narakpora event had happened within
the limit of Anantnae district:
all the events took place in a continuous
sc^ucUvcs
vviuiOui
lag
illuch
of
intervening period ana within the
uroximiw nlaces and as well nroximitv
cf 14 days'i.e. between 20th March 2090
and 3 April, 2000;
all the occurrences had happened within
ih.'? jiuisdiction of" the ^Deputy
investigation team by a judicial order of
the learned CJM, Anantnae.
However, tire investigation of the Barakpora
event was with the Stationed house Officer
(SHO) of the town police station. Anantnae
which investigation is now taken up by the
Dy.SP, Ananmag under the orders of ihe
SSP. Anantnag dated 11 April 2000.
The three case numbers as registered in
Coi1111118 si oner (EzC/ as well as tlic
the respective FUt's follows: -
Senior superintendent of Police (SSP)
of the district Anantnae.
Of the three extreme instances of
(a)
killings
the
scene of the
tragic
occurrence of Chittrsingpora event is
the viiTiQclif'TiQT) of flip nolice
post. Mattan; and the scone spot of the
Barakpora event is weii within rhe
jurisdiction of the Anantnag. town
police stetion. The
scene spot
of the event that occurred at
PathnbaPPancehalthan
within
the
umkihrhnn of A cr»;,n;tl n<?hce ‘•tif’hnn.
occurrences ar Chinismgpora &
Barakpora were registered in the town
F1K. No. 85 of 2990 (relating to the
event of Chittisingpora):
FIR. Nos. 16 of 2000 of Achabal, police
station regarding abductions of two
Juma Khans of Brari Angan, 98 & 99 of
2000 of Anantnag, town police station
relating to the missing of the three
persons, namely, Shree Zahoor Ahmad
Dalal of Anantnag and Shree
Mohammed Yousuf Malik and Shree
Bashir Ahmad Bhat of Hallan
respectively.
(c)
FIR. No. 93 of 2000 yf Anantnaa, town
police station relating to the event of
tiring at Barakpora/’ Bulbul, Nowgam.
(b)
Chittrsingpora instance was thereafter
transferred To Mattan notice nost. Aoart
compiaints of missing of three persons
fi.e. one from Anantnag town area and
two from
rc^aied to
iiie instance of killings at Pathribal/
Pancehalthan, were lodged at the town
police station of Anantnag though the
main case of Pathribal occurrence had
already been registered at AchabaL
Police Station which case of abduction
alone within the rwo other cases
registered in the town police station.
Anantnag on the bases of the two
complaints of missing is now directed
to be investigated by a special
Now the Commission, in the ensuing part of
this chapter, intends to give a brief
summary of the events that had happened
firstly at Chirtigingpora on the night of 20'1'
March, zOOO and secondly PathribalPancehalthan on 25“ March, 2090
consequent upon the abductions of two
Juma Khan’s of Brari Angan cn 23rd / 24th
March, 2000 and the missing of three
persons i.e. two from Hallan and one from
Ananmag two on 24°’ of March, 2000 which
are the root causes and circumstances that
led to the firing at Barakpora/ Bulbul,
Nowgam on 3"‘ of April 2000.
Firidlirg of tijc Commission
informative Missive
February 2002
Under rhe terms of reference of the
notification SR NO. 99 dated 17“ April 2000.
rhe* Conmiission is nskee? io mdk? chchitv ?.ucl
specified therein, namely.
fa) Fnnuire
into
the
causes
and
the firing al Barakpora, Bulbul.
Noweam fAnantnae) on 3‘“ of Anri!
to others or whom tnree succumbed to
then injuries subsequently:
ill mg on die civwii was justified or not,
(c)
Fix responsibility lor using excessive
circumstances that lead to the event of firing at
Barakpora / Bulbul Nowgatn, Anantnag on 3“
April 2000, resulting into the death of 8 persons
and causation of injuries to 14 persons of whom
some seriously; anct
Secondly, the proximate causes and
circumstances that provoked cr in sighted the
inhabitants from Achabai area to lead a
procession to Anantnag town on the fateful day.
So far as the first part is concerned, the
Commission lias already given its finding under
chapter 1” that the event of Barakpora is one of
the links in the unbroken chain of three
incidents namely, the first event that happened
at Ciiniisiiigpora on die late evening of 20^
March 2000. followed by the second” event at
Pathrihal Panceh.alfhtm on 25^ March 2000 and
.vraixc
suggestions
ior
preventing
recurrence of such events in future.
the findings oi a Commission oi enquiry, made
h'i Chancier Chud T. f.A*; he then was! m slate of
Karnataka a Union of India {1977 (4) SSC 608)
which was decided by a seven judges
constitution bench of the Supreme Court of
“Il is clear from these provisions m tlie general
shame of the act that a Commission of enquiry
appointed under the act is a purely fact finding
body which has no power to pronounce a
binding or a definiie judgment, it has recollect
facts through the evidence lead before it and on
?. consideration thereof is required to submit its
fcpOit vvxiivu iiic appviiiiiiig aUtuOniv fiiay Of
may not accept".
This Commission being fillly conscious
enquiry and die auuiuiiiy of die govi. io leview
the Commissions finding of facts, intense to
record its findings on ?. f'omrxrehensive and
heads, as unaer:
Reg: Terms of Reference Clause (a):
On a close reading and by a strict
mterttretafrion of this term of reference the
Commission would like to bifurcate this term
into two pans. Firstly, the facts and
informative Missive
finally the 3rd event. Under reference on 30
April, 2000 ail with in a span of weeks.
Of the two earlier events, the second
event occurred at Pathrib?.!, Pancehalthan serves
as the direct cause for the third event at
Barakpora. In other words, had the Pathriba!
Pancehalthan evenl nol happened, the event at
Barakpora would never have occurred.
Therefore, the Commissions finding on rhe first
part is that the earlier causes and the
circumstances resulting from the two events at
Chittismgpora and P alhnoal P ancehalthan direct
root causes which lead to the third event
Barakpora.
On the second part for consideration
under reference (a) the Commission holds that
the immediate causes and circumstances that
fermented or provoked people of Brari Angan
to take out a procession on 3rd April, 2000
where the discontentment and frustration of
those aggrieved people that their demands,
placed before the
district authorities,
particularly, die DC as early as on 28"1 of
March, 2000.
The combination of causes and
circumstances falling under the above
mentioned two parts of reference (a) where
solely responsible for the event of firing at
Barakpora on 3 rd April 2000.
Reg: Tenn of Reference Clause (b)
Under this reference the Commission is
required to make enquiry whether the force used
February 2002
against fne echelons of the high ranking police
officials, the averments of some of which
apparently seem to have been make on
presumptions. Such allegations are not
sustained by any other material. Some of the
allegations are contrary to the evidence before
the Commission. Another set of allegation are
out of the Commission’s purview. Though
sufficient opportunity was given to the
in firins on rhe crowd was justified or not?
The Commission records its finding that
there was absolute no justification for resorting
to firing on the crowd on 3" April 2000 and the
said firing was deliberate and unjustified.
Reg. Term of Reference Clause (C)
Under this head, the Commission is
rcQiiii’CM. to fix tlic responsibility for us in®
excessive force if any.
fa) In the view of the Commission, the question
of the counsel for the complainants to appear
before the Commission, none has appeared
before the Commission is not in a position to
express its view on those allegations and it is
constrained to hold that no findings could be
rendered on such unsubstantiated presumptions
and on those which arp out ot the purview ot
reference.
uieie was a cause of filing and uol otherwise. In
the backercund ot the Commissions finding
Terms of Reference Clause Cdl
Suggestions for prevention recurrence of such
events in future
Under the notification SRO 99 / 2000 dated
17th zXpril 2000 the Commission, in addition to
make an enquiry regarding the event of firing at
Barakpora and submitting its finding of facts
have been asked to make suggestions for
preventing of recurrence of such events in
future. A careful reading this term of reference
Clause (d) makes it clear that the suggestions
have to be confined only for prevention
recurrence of such events meaning thereby an
event of the nature of the one that happened at
Barakpora. Therefore, the Commission, in order
to make the suggestions asked for, lias under
taken comprehensive study of the lapses, it falls
and short comings of the forces in maintaining
law and order or managing controlling any
assemblage / processions.
agitations /
demonstrations, and in this connection held a
meeting of some high officials of the state on
13-10-2000 and sort their views on the subjects.
ihe following officers participated in the
said meeting: 1. Principal Secretary to the Government
619 / IRP;
Shrt Krishan Kumar. H.C. of SOG. No.
26, 5* Bn. JKAP;
.3. Shri Chaman Lai. Sget. of SOG, No. .3
STFG40J):
4.
Shn P..P. P.Oy, Command^r (SI) of
2.
CRPF. No. 680395635;
5.
6.
Shri P.C.
Hundique, Constable of
CRPF. No. 861242928;
Shri Sham Kumar. Countable of CRPF
No. 861190955, ami
7.
Shri
S.V.
Limbekar ® Venkati,
rupp Kr. oiiddddo*;
As regards the other personnel, who where
stationed in the camp on the. date of occurrence.
the Commission holds that they had never
Home Depaiimem.
paiticipaied in the event ami as such no
2.
responsibility could be fixed on them.
A
and
Secretary
Department.
some of m,. ecpOxicms lallmg under group D
or annexure £ making certain allegations
informative iviissive
Commissioner
to
Government, General Administration
n>w nTTinnvnfs have hpAn filed hv
9
February 2002
Commissioner
and
secretary'
Government Law Department.
to
Besides. alter taxing into consideration the
mcemed n-ovisions of law and rules of the
Commission leeis that ii' die foiiowing measures
TF/ CRPE' BSF and
TRP
mt io fight against
called or given free
hand to deal directly with law and order
problems like controlling or disposing of any
assembly or stoppage or processions, even if in
turns out to be unlawful. in case it becomes
unavoidable to do so than In case special forces
if needed, be culled assist the district nolice for
snouid act under rite strict instructions, advice.
control, and supervision of the district
Mecsssarv sniendineiiTs should be in ride in
eiiecuve control over me uisinci ponce. And
whenever unlawful assembly. procession or
present on the spot, under whose orders the
demonstration, as a iasi resort when the
situation becomes unmanageable. The areas of
various zones / sub zones and a subordinate
Executive Magistrate should be pur in charge of
such zones / sub-zones hy the District
Magistrate under a general order. .And whenever
the service / presence of an executive magistrate
to contact the concerned magistrate directly and
immediately and there should be no need of
requesting the District Magistrate to depute
some magistrate to deal with any situation
of time ana the situation may go beyond control
informative Missive
(iii) In no case police should have authority to
open firing on the unlawful assembly /
procession '
or even to nse ne?An/
lathi charge without the specific and written
order of tne magistrate who may be present on
the spot.
(iv) Even if the assemblage / procession /
demonstration goes unmanageable, the police
force even with the aid of the special forces,
first of all should resort only to mollification
and than to administer server warning and
thereafter resort to use of water cannons, tear
smoke and if necessary, mild lathi charge and
finally, caution them by firing in the air and
only in special situation and extraordinary
circumstances W'arrantmg opening of fire, they
should use only ordinary fire arms with rubber
bullets, that too, under the order of the
magistrate present there. For these purposes
every head quarter of the police should be
provided with sufficient water cannons, tear
smoke, rubber bullet fire arm. Dut at no point of
the civilian mob.
(V) No police officer less than the rank of an
inspector with sufficient service experience
should be put in charge of a police station and
no police officer less than the rank of a sub
inspector should be put m charge of a police
post.
(VI) As far as possible a Gazetted Police
Officer go on the spot to deal with any law and
order situation or to disperse any unlawful
assembly/ masses and he too, should take any
action only as per the advice or written order of
the magistrate present on the spot;
(VII} there should be complete unison, co
ordination,
co-operation
and
mutual
understanding between the District Magistrate
and the District Supeiinieudeui of Police and
the District Magistrate being a superior officer,
should have educate control over the District
Superintendent of Police. This can be possible
only if District Magistrate is empowered to
write APRs of the District Superintendent of the
Police and he should also be empowered to
review the APRs or ail die subordinate Gazetted
Police Officer m the concerned district.
(VTTT) Tn case any' person is to he taken for
interrogation by any police personnel or special
police or even by rhe army, the. authority
February 2002
concerned should give advance intimation to the
local Station House Office of the concerned
police station and the concerned chowkedar
(guard) giving the reasons for taking the person
into the custody and such information passed
onto the concerned police officials and
chowkedar should be entered in their daily
dairies. Even if the local police take any one for
interrogation to the police station, they must
send intimation to the nearest magistrate as to
why such an action restored to.
(IX)
The intelligent wing of the police should
always be alert in collecting information of any
plan of the people for going in for
to the Police Headquarters and the concerned
police station on the bases of which, the police
should take primitive measures by securing the
unruly elements of that area in advance and
draw a plan of action before hand.
(X)
The government may also consider
introducing ‘'community policing” in all the
civilian areas in a state of having the militarized
policing”.
(XI)
Lastly the force, whether local or special or
otherwise, must be strictly instructed and
advised that a crowd is more to be managed
than to be controlled by using force, by
adopting this method serious consequences can
demonstration etc. and send advance intimation
be averted.
lions
There can be no second opinion that the
incident that had taken place in front of the
SOG and CRPr Camp al Barakpora / Bulbul
Nowgam. Anantnag (Iqbal Chowk) is nothing
but a sort of butchery in which 8 innocent
persons had laid their lives and 14 persons
sustained injuries of whom some were very'
seriously. The loss of life is irrevocable. The
family members on accounts of the
extermination of their near and dear have almost
come to the verge of their life. To respective
wives of some of the deceased, the world itself
has come to an end. All though who have lost
their husband and children are poor people
living in hilly areas therefore, under their
circumstances the Commission feels obliged on
humane consideration to make the following
recommendations:
(1)
The government may be pleased to
consider payment of at least a sum of
rupees two lakhs (2,00000) top the
legal heir (s) of each and everyone of
the deceased persons by wav of
compensation;
(2)
Among
the
injured
persons
complainants witnesses 9 to 10 arc
proved to have sustained very' serious
injuries and it is only by the grace of
Almighty that they escaped death
C.W.9 (Shree Ghulam Nabi Bhat) in
his evidence has stated before the
Commission that due to the serious
Informative Missive
injuries sustained by him. both of his
thighs his private parts has been
rendered sterile and as a result of that
he has become impotent and is unable
to carry' out is matrimonial
obligations. Il was represented during
the
course
of enquiry' that
complainant witness No. 10 (Sheri
Abdul Aziz Sheikh) is still bed
ridden. Therefore, the Commission
recommends that both of these two
injured persons paid a sum of rupees
of 1 Lsck each by v/av of
compensation;
(3)
of tire 14 injured persons, 8 persons have
sustained grievous injuries due to gunfire
Barring the two persons mentioned in CI. (2)
above ( i.e., C.Ws, 9 & 10), the remaining 6
persons whom sustained grievous injuries are:
(a)
Sheri Abdul Ahad Wani son
of Abdul Aziz Wani resident
of Utrasoo (C.W.l);
(b)
Sheri Abdul Gani Khan son
of Mohammed .Abdullah
Khan resident of Utrasoo (
C.W.2);
(c)
Sheri Haji Noor Alam Khan
son of Akbar Ali Khan
resident of Brari Agan (C.W.
(d)
Sheri Abdul Majccd Khan
sori of Ghulam Nabi Khan
February 2002
resident of Brari Agan (C.W.
5)
(c) Sheri Ghulam Rased Kcka son
(F)
Shree Ali Mohammad Hajjam son of
Mohammad Akbar Hajjam resident
of Utrsoo (C.W.31).
of Khazar 'vioahammad Koka
The Commission recommends that the
resident of Brari Agan (C.W.
government may be pleased to pay a sum of
rupees ten thousand (Rs. 10000) to the above
said six persons who have received simple
injuries.
Among the
injured witnesses,
complainant witnesses No.2, Shree Abdul
Gani Khan, 25, son of Mohammed Abdullah
Khan resident of Utrasoo, Khanpora, a
graduate has received a bullet injury in his
right forearm. Taken into consideration the
(f) Qasim Khan son of Mir Zaman
Khan resident of Brari Agan
(C.W. 29)
Regarding the 6 persons mentioned
above (C.W. NOs. 1,2,3*5,25 & 29),. the
Commission recommends whether government
may be pleased to pay a sum of rupees twentyfive thousand (Rs. 25,000) by way of
compensation in which one of them who had
fact that he is a graduate from hilly track, the
sustained grievous injuries.
The 6 other injured persons who have
sustained injuries, simple in nature, are as
follows:
(A)
Shree Ghulam Hassan Bhat son of
Abdul Samad Bhat resident of Utrasoo
(C.W. 4)
(B)
Shree Showkat Ahmad Shah Son of
Shams-ud-Din Shah resident of Utrsoo
(C.W.6)
Commission feels obliged to recommend to
the government that this witness may be
provided with an employment suitable to his
qualification in any of the departments of the
government, in addition to the payment of
compensation recommended above.
Before parting with this report, the
Commission makes it clear that the
investigation to the events under reference has
to proceed uninfluenced and uninhabited by
Shree .Tavaid Ahmad Khan son of late
the finding of this Commission and the
Mohammed Ayub Khan resident of
Utrasoo (C.W. 7)
(D)
Shree Bashir Ahmad Khan son of
Malika Khar, resident of Utrsoo
(C.W.8)
(E)
Shree Abdul Rehman Mir son of Fathe
Mir resident of Kren (C.W.30)
conclusion Commissions arrived at by the
Commission as regards those event (s) shall
not have any bearing over the bearing of any
case that may be pending before any court.
(C)
Tragic family of the Valley
Gn 13* of January 2002. a highly
depressed and disappointed middle-aged
woman, namely, Haneefa wife of late
Mohammed Maqbool Rather resident of
Hiagam in Baramulla district approached the
office of PCHR to reveal her pathetic tale.
“My husband was a Sarpanch and an
activist of National Conference. At the
beginning of militancy he was threatened to
disassociate himself from the NC and resign
publicly. After threat perceptions my husband
left the party for his safety.
In 1992, army arrested my son, Hilal,
cordon operation along with two other militants.
After three-months detention he was released.
Hardly a fortnight of Hilal’s release,
some masked gunmen abducted my husband
and on next day on 29* of September 1992, our
neighbourer namely, Showkat informs us about
his assassination. We rushed to Hiagam bus
stand where my husband was hanged, and
brought his body to home.
1 was yet to overcome the husband’s
loss when death revisited my family. On 18* of
August 1993 my second son, Hilal Ahmad
Rather-who had earlier deserted the militant
ranks but joined again following his father’s
23, (militant at that time) during a search and
Informative Missive
12
February 2002
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