The state government had closed the Kupwara massacre case as “untraced” and blamed the army’s non-cooperation with the investigating agency for the closure of the case.
On 27 January 1994, the army massacred 27 civilians, including three policemen, in Kupwara town, a day after India’s Republic Day. Local people had told the media and investigation agencies that an army officer had asked the local shopkeepers to attend R-Day celebrations at the local camp. However, they shopkeepers didn’t turn up at the celebrations. But the next day, when they were opening their shops, soldiers came in trucks and fired at them.
In the wake of a petition filed by Ahsan Untoo, the chairperson of the International Forum for Justice and Human Rights, the SHRC had asked the authorities concerned to submit a report about the massacre.
The police investigative agency had sought response from the army, which issued a letter stating that a Court of Inquiry had been constituted to probe the incident. But the outcome of the Court of Inquiry was not furnished to the police.
The investigation of the case was closed as ‘un-traced’ on 10 April 1997 on the basis of “non-cooperation of army authorities”.
The CID report reads that on 24 September 2004, the police reopened the case and then additional SP was tasked with the inquiry but despite repeated requests the army did not provide the requisite information.
However, the army services corps’ 31 medical regiment had said that no documents regarding the case were lying with it and asked the CID to approach the 28 Infantry Division.
A letter was written to the 28 infantry division on 28 May 2005 for information regarding the case but till date the said unit has furnished nothing even after repeated reminders.
The police then got a notice from the court of the chief judicial magistrate Kupwara under section 94 of the CrPC with directions to the 31 medical regiment that did not, however, respond to court directions.
Another notice under section 25 of the Police Act was served to JDS Bakshi, 2nd lieutenant 31 medical regiment, asking him to appear before the investigation officer on 27 February 2010 but he didn’t.
The CID report makes it clear that the Army refused to cooperate.
In a rejoinder filed by Untoo on 11 May 2012, inspector general of police (CID) submitted a report to the director general of police, J&K wherein he stated that the forces deployed in Kupwara under the command of 2nd lieutenant S Bakshi had indiscriminately fired at Bus Stand Kupwara without any provocation, killing several persons besides injured many.
The report further reads that as per the statements recorded under under section 161 of CrPC and evidence, the National Crime Agency (NCA) personnel deployed for Road Opening Party (ROP) duties in Kupwara town were responsible for the massacre.
The State Human Rights Commission had also asked the union ministry of home affairs to persuade the ministry of defence to cooperate with the police in the investigation. The home ministry had referred the case to the defence ministry but no progress was made.