CASE #1 Victim Details Mohammad Shafi Dar [Abduction and Enforced Disappearance] Age: 19 Occupation: 12th Standard student Son of: Ghulam Mohammad Dar [deceased], Raja Resident of: Gulab Pora, Mahrajpora, Tengpora, Byepass Srinagar District [present address], previously resident of Lachmanpora, Danderkhah, Batamaloo, Srinagar District Alleged perpetrators 1. Major [Deputy Commandant] Chuhan, 141stBattalion Border Security Force [BSF], Camp Batamaloo bus stand Allegations in Brief On the intervening night of 22 and 23 May 1990, Mohammad Shafi Dar was taken by personnel of the 141st Battalion BSF headed by Major Chuhan. The victim subsequently disappeared, though the family of the victim was informed that he died during the interrogation. The victim was taken to the Joint Interrogation Centre [JIC], Hariniwas where he was tortured. Another person, Aijaz Ahmad Bhat, also picked up with the victim, was also detained at the interrogation centre and confirmed the presence and torture of the victim to his family. Case Progress The Batamaloo Police Station entered the details of the incident in the Daily Dairy report no.14, on 4 June 1990. On 21 February 2003, the victims name figured in a list of 45 people cleared by the Government of Jammu and Kashmir for grant of relief in favour of next of kins of missing persons. However, his brother Nisar Ahmad Dar was informed by one of the officials at Deputy Commissioner, Srinagar‘s office that the file has been closed. The official could not provide any reasons. The victim‘s family approached the State Human Rights Commission [SHRC] on 26 March 2003. The SHRC issued a decision on 20 November 2007 indicting Major Chuhan, directing that a case be registered and recommending that relief of Rs. 2,00,000 be paid to the family of the victim and compassionate employment under SRO-43 [Statutory Rules and Orders] also be provided. Over the inaction on implementation of this decision of the SHRC, the family of the victim filed a petition before the High Court of Jammu and Kashmir [Original Writ Petition (OWP) 311/2009]52 . The BSF stated before the High Court that while the victim, and Aijaz Ahmad Bhat, were arrested by the BSF [but the date of the event is placed as 23 and 24 May 1990], they were handed over to the JIC, Hariniwas and the BSF received no further information regarding the two persons. The Government of Jammu and Kashmir and Jammu and Kashmir Police submitted before the High Court that First Information Report [FIR] no. 87/2008 u/s 364 [Kidnapping/Abducting to murder] Ranbir Penal Code, 1989 [RPC] was filed at the Batamaloo Police Station53 . Further, it was submitted that the SHRC was a recommendatory body and therefore the benefits recommended could only be actioned following the ascertainment of the cause behind the disappearance of the victim. Based on the filing of the FIR, the BSF and the SHRC were deleted as parties from the proceedings, vide an order dated 11 February 2010. The family of the victim gave a statement to the IPTK on 27 February 2012. Case Analysis Based on the representations of the BSF before the High Court, the arrest of the victim by the BSF, and subsequent transfer to the JIC is established. The SHRC sought a report from the Inspector General of Police [IGP], Kashmir who furnished a report on 11 March 2004. The police report confirms the lifting of the victim by the 141st Battalion BSF on 22 and 23 May 1990 but also states that the victim was working with the Al-Jehad outfit at the time. The family of the victim contended that the victim was lifted by the 141st Battalion BSF headed by ―Major Chaun‖ [the spelling of the alleged perpetrator is as stated in the SHRC judgment]. The SHRC heard witness testimony. Witness Shabir Ahmad Dar, a cousin of the victim, stated that the victim and Aijaz Ahmad were picked up in the year 1990 by the BSF. The witness also stated that the victim was not involved in any subversive activity nor affiliated with any militant outfit. The mother of the victim also confirmed that her son was not involved in any militancy. The SHRC stated that: ―merely alleging that the subject was working with Al-Jehad will not suffice to establish that the victim was indulging in militancy. However even if it is assumed that the subject was working for Al-Jehad outfit, it is admitted by the police that he was lifted by the BSF 141 Battalion headed by Commanding Officer Mr. Chaun. Even the criminals or the detenues have human rights and they are not deprived from these right…no right has been given to the police or army to arrest a person on suspicion and kill him during the interrogation. This will be no justification for the BSF to do away with the victim. Victim should have been produced before the court of law, after being charged and challaned under law. This shows that the army and the police forces have utterly failed not only to protect the life of the victim but the apprehension of the complainant seems to be correct that during the custody her son had been killed. This is a gross human rights violation committed by the BSF personnel; it is being done by them because there is no accountability of such forces‖ [emphasis by the SHRC]. Consequently, the SHRC recommended that a case be registered against Mr. Chaun and recommended relief and SRO-43 benefits to the family of the victim. The SHRC indictment of both the police and the army is usefully placed in the larger context of a lack of accountability. But, a criticism of the SHRC decision would be that it fails to delve deeper into the issue of where exactly the victim may have died. The family of the victim and Aijaz Ahmad Bhat accept that the victim was transferred to the Joint Interrogation Centre. Therefore, technically, the BSF, and Major Chuhan could well claim that no liability attaches to them. Nonetheless, what is beyond doubt is the death of the victim, and the BSF and the police would certainly be answerable to any investigations that would be carried out. Further, it is unfortunate that despite a decision from the SHRC, the family of the victim is yet to receive any relief/compensation. It is noteworthy that it took the Jammu and Kashmir Police 18 years to file a FIR in the case and to date it appears no progress has been made in the case. The IPTK sought information on 10 January 2012 on all inquiries and Court-Martials conducted by the BSF between 1990 and 2011 in Jammu and Kashmir but no information was provided. Further, the IPTK sought information on 10 January 2012 on all cases of sanctions for prosecution under AFSPA relating to the Ministry of Home Affairs between 1990 and 2011 in Jammu and Kashmir but no information was provided.
Posted on: Wed, 03 Jul 2013 14:45:55 +0000
Trending Topics
Recently Viewed Topics
© 2015