Militant’ killed in 1995 turns out to be civilian
'Police Fabricated Report'
ARIF SHAFI WANI
Srinagar, June 17: Inquiry by the State Human Rights Commission (SHRC) into the killing of a 28-yeald old state government employee from south Kashmir’s Pulwama district allegedly in an encounter in 1995, has revealed that police had falsely labelled him as Pakistan trained militant.
The inquiry conducted by the chairperson SHRC, Justice Bashir-ud-Din states that Ghulam Qadir Dar of Satura, Tral, a class-IV employee of the Sheep and Animal Husbandry Department had no affiliation with any militant outfit and had never crossed the Line of Control (LoC) for arms and ammunition training.
The Commission maintained that Ghulam Qadir was killed during a staged encounter at Narasthan Tral on April 13, 1995 and then passed on as a militant, “as he was witness to the human rights violation allegedly committed by the forces.” Pertinently, after failing to get justice for 13 years, the deceased’s mother Khatija Begum had filed a petition in the SHRC in 2008. The Commission had initiated a probe into the matter.
In its report to the Commission, the police had claimed that Ghulam Qadir Dar was a Pakistan trained militant. “He was killed in an encounter with other two militants at Narasthan Tral with patrolling troops. Some arms and ammunition was also recovered from them and case was registered at P/S Tral. In 1993, he had joined militant ranks and crossed over the LoC for 14 month arms and ammunition training. He was an active member of Hizbul Mujahideen outfit,” the police report stated.
The Commission, during its inquiry, examined several witnesses and recorded their statements. The deceased’s mother deposed before the Commission that her son was employed in the Sheep and Animal Husbandry department since 1982 and was not remotely affiliated with any militant group. Her statement was supported by six villagers through affidavits and certificate from the District Sheep and Animal Husbandry Officer Pulwama.
After probing the case for two years, the Commission declared that Ghulam Qadir was not a militant.
“This is even substantiated by the certificate issued by the District Sheep Husbandry Officer Pulwama which in black and white states that Ghulam Qadir was discharging his duties till the date he was killed. Had he been a militant how the officer would give a certificate of this nature. Number of persons have deposed through sworn affidavits that the deceased was an innocent employee,” Justice Bashir-ud-Din observed in the judgment.
The Commission observed that Government failed to produce material proof, including case diary file to show that the deceased had crossed over LoC to Pakistan administered Kashmir. “In the tell-tale facts and circumstances of the case it is seen that either the case diary doesn’t exist or if produced before the Commission, it would go against the police and the Government. If Ghulam Qadir was certified to be an employee and his pay was drawn and disbursed regularly till he died in the occurrence, it is impossible to believe that he was a militant as alleged by police.”
Castigating the police, the Commission observes that the police report appears not based on any material evidence and is without basis or factual matrix. “The police report is based on adversity and hatred, in as much as Ghulam Qadir Dar was a witness to the violation of rights committed by the forces and with a view to do away with the evidence he was eliminated and then conveniently labelled as a militant.”
The Commission directed the Government through the Chief Secretary to examine the case and accrue benefits of SR0-43 to the deceased’s family. It also directed the Government to file the action taken report to the Commission. Incidentally, the victim is survived by three sisters, a brother and an ailing mother.
Lastupdate on : Thu, 17 Jun 2010 21:30:00 Makkah time
Lastupdate on : Thu, 17 Jun 2010 18:30:00 GMT
Lastupdate on : Fri, 18 Jun 2010 00:00:00 IST
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