Case 1: Mass Torture

ArsalanCases, Torture Comments

Victim Details:

1. Mohammad Amin [Torture and Extra-Judicial Killing] Son of: Habib-Ullah Malik, Resident of: Tendla, Doda District

2. Jaffar Hussain [Torture and Extra-Judicial Killing] Son of: Ghulam Nabi Malik, Resident of: Tendla, Doda District

3. Abdul Majeed [Torture and Extra-Judicial Killing] Son of: Ahad Wani, Resident of: Tendla, Doda District

4. Noor Mohammad [Torture] Son of: Abdul Sattar, Resident of: Tendla, Doda District

5. Abdul Rashid [Torture] Son of: Mohammad Ramzan, Resident of: Tendla, Doda District

6. Parvaiz Ahmad [Torture] Son of: Faiz Ahmad, Resident of: Banatyas, Doda District

7. Anayat-Ullah [Torture] Son of: Din Mohammad Naik, Resident of: Bhatyas, Doda District

8. Mohammad Abdullah [Torture] Son of: Alaf Din ,Resident of: Doloo, Doda District

9. Javed Iqbal [Torture] Son of: Mohammad Shafi Wani, Resident of: Tendla, Doda District

10. Abdul Qayoom [Torture] Son of: Alia Khanday, Resident of: Chillibala, Doda District

11. Mohammad Ramzan Malik [Torture] Son of: Gulla Malik, Resident of: Tendla, Doda District

12. Liaqat Ali [Torture] Son of: Munawar Din, Resident of: Tendla, Doda District

13. Arshad Hussain Malik [Torture] Son of Abdul Rashid Malik, Resident of: Dadian, Doda District

14. Javed Ahmad [Torture] Son of: Mohammad Ramzan, Resident of: Dadian, Doda District

15. Farooq Ahmad [Torture] Son of: Noor Mohammad, Resident of: Tendla, Doda District

16. Abdul Gani [Torture] Son of: Ali Mohammad, Resident of: Dadian, Doda District

 

Alleged perpetrators:

1. D. N. Gupta, 5th Sikh Light Infantry [Sikh LI], Army

2. Major Ranjan Mahahan, 5th Sikh Light Infantry [Sikh LI], Army

3. Captain Vineet, 5th Sikh Light Infantry [Sikh LI], Army

 

Allegations in Brief:

The victims were called to the army post Gandoh on 21 January 2000. They were severely tortured by the alleged perpetrators due to which Mohammad Amin, Jaffar Hussain and Abdul Majeed died. The others were injured. Case Progress First Information Report [FIR] no. 4/2000 u/s 302 [Murder], 307 [Attempt to murder], 109 [Abetment] Ranbir Penal Code, 1989 [RPC] was filed at the Gandoh Police Station on 22 January 2000.

The State Human Rights Commission [SHRC] instituted the proceedings on 10 July 2000 and a final decision was delivered on 2 June 2008, and Rs. 2,00,000 relief was recommended for families of Mohammad Amin, Jaffar Hussain and Abdul Majeed, and compassionate employment under SRO-43 [Statutory Rules and Orders]. It was noted that Rs. 1,00,000 had already been paid. Rs. 75,000 was recommended for each of the other victims. Case Analysis The document on record that may be considered for the purpose of analysis is the SHRC decision of 2 June 2008. The SHRC arrived at its decision by considering the following: – A magisterial enquiry was conducted by Sub-District Magistrate, Bhaderwah where witness statements were considered and it was concluded that the alleged perpetrators were responsible for the deaths and injuries caused to the victims.

It was also noted that due to threats from the army the witnesses had submitted affidavits denying the charges. – The report of Senior Superintendent of Police [SSP], Doda, dated 13 September 2000, was also considered. This report, without naming the alleged perpetrators, confirmed that the victims had been called to the army post Gandoh on 21 January 2000, were tortured and Mohammad Amin, Jaffar Hussain and Abdul Majeed died whereas the others sustained injuries. Further, that the post-mortem reports of the three dead victims indicated the cause of death being shock due to trauma. With regard to the injured persons, the medical officer had reported that the injuries had been caused by a blunt object.

Based on the above, the SHRC found in favor of the victims and recommended that the investigation in the FIR registered be finalised. It is unfortunate that the SHRC in this case took seven years to deliver its final decision. Further, despite the passage of 12 years there appear to have been no investigations or prosecutions. The available documents do not suggest that even a Court-Martial was conducted in this case by the army. Therefore, an inference could be drawn that the instant case has not been prosecuted and neither has any court-martial been conducted, thereby ensuring absolute impunity for the alleged perpetrators.

Source: Alleged Perpetrators: Case 41

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