SC Shopian restraint order brandished to block justice in Kupwara driver’s killing

A restraint order by the Supreme Court in one case can go a long way in delivery or denial of justice in other cases of crime.

That is what appears to be happening in the case of the killing by soldiers of Asif Iqbal Bhat, a driver from Kupwara, last December.

   

In March this year the SC restrained Jammu and Kashmir government from initiating any investigation into the role Major Aditya Kumar after troops under his command killed three civilians in Shopian in January.

According to Bhat’s father and a police officer, soldiers and army officers have tried to pressure him for an out of court settlement instead of cooperating in the judicial process, citing the Court’s restraint order in the Shopian case.

The killing of Bhat sparked massive protests forcing the police to register a case of murder against an artillery unit of the army, and start an investigation by a Special Investigative Team (SIT). 

“The case has not been challaned (filed in court) so far,” Station House Officer, Kralpora, Waseem Ahmad told Greater Kashmir.

Officials in Kupwara say the army first promised they would not come in the way of the investigation, but after the SC’s restraint order regarding Major Aditya they stopped cooperating altogether. 

“We have written to them five letters to give nominal role and other details,” officials said. “Army till now has failed to furnish any detail.”

Police officers say the SC’s intervention has emboldened the army officers who now produce it as an excuse for their non-cooperation. 

“Army gave example of that incident and did not cooperate till now,” a police officer said on condition of anonymity. 

The Incident:

The driver of a Tata Sumo, Asif Iqbal Bhat, son of Mohammad Iqbal Bhat was killed when fired at by soldiers outside his home on December 18, last year. He was at home when someone from the nearby Batpora village called on his mobile phone for shifting a critically ill patient to hospital. 

Holding a torch light in hand Bhat stepped out of his home, but as soon as he started the engine of his Sumo vehicle, soldiers who had probably laid an ambush in the area suddenly fired at him.

When Bhat’s family and neighbours rushed out hearing gunshot fire they found him lying in a pool of blood and some soldiers standing around the vehicle. On seeing people more approach the scene, the soldiers jumped into their vehicles and fled.

Bhat was rushed to a nearby hospital in Kralpora, where doctors referred him to Srinagar, but he died on the way.

The family and their neighbours alleged soldiers fired without any warning or identification. 

The army has had standard instructions for the civilians for night time movement: use a torch or some other light while travelling in the night. 

Later the Army said in a statement Bhat was killed in cross firing with unknown militants. They said based on information of presence of some militants in the village, the army had laid ambushes to maintain surveillance over the area that night.

Family dispute army version:

The senior Bhat, an employee in J&K forest department refuses any out of court settlement despite officers apologising to him for killing his son and promise of favours. He insists on fighting the case in the court alone. 

“Army called me over a dozen times and wanted out of court settlement,” Muhammad Iqbal Bhat told Greater Kashmir at his Thandipora home. 

The senior Bhat says army officers also offered jobs to his two sons in the force in lieu of withdrawing the case. 

“Besides jobs they were ready to give me anything I demanded,” he said. “They also told me killing of my son was because of mistake.”

The father of the slain driver says the army officers told him “court martial of 12 of its men involved in murdering my son is underway.”

But he has proffered to follow the civilian procedure in the case of the murder of his son in Kupwara. 

“Till now there is no substantial headway.”

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