Srinagar, July 2: In a first decision of its kind regarding alleged custodial disappearance of a Kashmiri, the Central Information Commissioner, Wajahat Habibullah, on Friday summoned top brass of BSF to his New Delhi office and asked them to provide information regarding the missing person.
The CIC had summoned DIG Personnel, BSF headquarters New Delhi, M Tripathi and DIG, BSF & CPIO, Eappen P V to his office at New Delhi in alleged disappearance of Muhammad Ashraf Yatoo of Badipora, Chadoora by 80 battalion of BSF in 1990. Besides, DIG BSF Srinagar, Shabbir Ahmad Alvi, was available through video conferencing from Srinagar headquarter, Wajahat told Greater Kashmir.
“The commission hereby decides that the complainant Dr Muzaffar Bhat will within one week provide FIR copy filed by the family of missing youth in police station Chadoora to DIG Alvi who in turn will provide such information as is held by Frontier Headquarters, BSF on Yatoo to Bhat within fifteen days of receipt of these details free of cost since this information was not provided within the time limit,” Wajahat said in his decision on a case Complaint No. CIC/WB/C/2010/000155 dated 3-10-2009, a copy of which is lying with GK. This is the first case of its kind which was received by the CIC, Bhat, who is a known RTI activist, said.
The commission has observed that if not satisfied with the information received, Bhat would be free to move a first appeal before the designated appellate authority to be identified by name and address by CPIO in furnishing his response. The CIC had received complaint from Bhat stating that he had moved an application before the BSF in June 2007 seeking information regarding the disappearance of Yatoo.
In his application Bhat, quoting media reports had written that Yatoo had gone missing after he was arrested by paramilitary personnel in December 1990 during a crackdown.
After receiving no response from the BSF authorities, Bhat had moved a complaint before CIC April this year seeking information.
In response to the complaint, DIG, Tripathi today said “Since the case pertained to Srinagar, Bhat was informed to contact IG, BSF, Srinagar in this regard.”
Bhat had submitted that in December 1990 the 80 Battalion of BSF stationed in Pulwama arrived in Badipora, Budgam and arrested five persons including Yatoo. Three persons were released after fifteen days and one after one month. However, the whereabouts of Yatoo who was working as Storekeeper in the Food and Supply Department had gone missing. I had submitted all these details in my application to the CPIO BSF in June 2007,” Bhat told Greater Kashmir.
In his response DIG Alvi told the CIC through video conferencing that his unit received the application through Bhat in August 2007 through BSF headquarters.
“On verification of the record it was found that although 80 battalion of BSF was indeed posted in Pulwama in December 1990, it was at the time of receipt of the application located in Punjab. The request of Bhat was, therefore, faxed to the concerned battalion on 9th August to which a reply was received within three days indicating that the incident was stated to have occurred on December 13, 1990 but all records of that period had been weeded out and no record of any visit by Bhat could be found although from the record it appears that an appointment had been fixed with the Commandant,” Alvi told the Commission.
He had submitted that it was not known however whether such meeting took place besides the Frontier headquarter, BSF had also no record regarding the FIR to have been lodged with the PS Chadoora, or the progress in investigation.
The DIG, BSF, Eppaen, said if the details of the FIR were provided to the BSF, it may assist in tracing any surviving records regarding Yatoo.
The CIC has observed that the BSF being listed under Second Schedule of the RTI Act comes within the ambit of the Act.
“Nevertheless it is conceded by all parties that in the present case the request is an allegation of disappearance in custody of a civilian working in a government Department in Jammu & Kashmir, and therefore amounts to an allegation of human rights violation, which makes the BSF answerable. The CPIO is bound to provide the information which has been sought. In the present case, we find that considerable information has in fact been obtained by the Frontier Hqrs, BSF, Srinagar, although nothing has been provided to the complainant,” the CIC observed in his decision.

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