When ’30 cops forced incompetent’ doctor to write autopsy report in custodial killing case

ByJaved Iqbal

A doctor has said that at least 30 policemen forced him into writing the post mortem report of their liking in the custodial killing of a civilian, Abdul Hamid Ganai of Ganderbal, who was killed in a staged gunfight on 11 September 2003.

According to te police, Hamid had ties with Hizbul-Mujahideen outfit and on the basis of information provided by him they had recovered arms and ammunition from a hideout in Gutlibagh area. The police had said that Hamid was leading them to a village, Urpash, where then Hizb commander Sajad Khan was hiding. However, the police team came under fire, in which Hamid was killed. 

However, subsequent investigations picked holes in the police story.

The tehsildar concerned, who had been asked by then deputy commissioner concerned to submit a report, had said: "After perusing the material on record and giving a thoughtful consideration to the matter I am of the opinion that the nature of death of the deceased is doubtful."

He writes: "The doctor who has conducted the post mortem was incompetent and has been forced to write the report favoring the SOG (Special Operation Group of police) party regarding the death of the deceased and I have failed to understand if Abdul Hamid Ganie was accompanying the raiding party how only he has received the bullet injuries and other defence personnel were not injured in the incident." 

The doctor has written to the State Human Rights Commission:

"Although I am not competent to write post mortem report but I and my wife were asked by the policemen who were more than 30 persons to write report under pressure immediately. Since I am a human being I was frightened by the policemen (sic)."

"No, I have not opened the body because I was pressurized by the police to write the immediate cause of death only. Superficially, I noticed the bullet injury at that time

Yes, I was under pressure to write the cause of death on injury menu. The hospital administrators were not present in the hospital. My wife, who too is a doctor, fainted when she saw the body ridden by blood. I was in the hospital residential quarters and heard policemen and people shouting that why administrators and male doctors are absent. The para medical staff and my subordinates requested me to write the cause of death (sic)," the doctor said in the report accessed by the Greater Kashmir.

The SHRC had sought reports into the killing after chairperson of International Forum for Justice and Human Rights Ahsan Untoo had filed a petition. 

Fifteen years after the incident, the police recently submitted a report before the commission, stating Hamid's killing was a case of custodial killing.

The commission had observed that the police have neither completed the investigation in the case, nor presented the challan before the court. 

"The family of the Abdul Hamid has also been denied any SRO benefits," the SHRC said.

The commission has also directed Hamid's family to file an application before the deputy commission Ganderbal for job that is provided to families of such victims. SSP Ganderbal has also been asked to appear before the commission.

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