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After 25-yrs, court directs police to probe investigating officers

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Junaid Kathju

After an elapse of twenty-five years, the district court Srinagar has ordered the disposal of the closure report into the killing of a shopkeeper Mohammad Ramzan Bhat in Miskeen Bagh area of Srinagar in 1996 and has directed the police to constitute Special Investigation Team (SIT) to probe the role of investigating officers after finding loopholes in the case.

According to Kashmir Media Service, the court in its order mentions that on 1 June 1996 Station House Officer (SHO) of Khanyar police station received a docket that at 11 pm on 31 May 1996 at Miskeen Bagh unknown militants who were hiding at a hideout fired upon the police and government forces searching in the area.

As per the docket, a copy of which is with The Kashmir Walla, in the firing “the militant Mohammad Ramzan Bhat who was part of Zarb-ul-Mujahideen group got injured and killed, while rest of the militants successfully fled away from the place of occurrence due to darkness”.

Upon receipt of the docket the then SHO Khanyar lodged an FIR (no. 88/1996) and the initial investigation in the case was carried out by Sub-Inspector Mohammad Sabir.

During the investigation, Bhat’s body was taken for the postmortem and handed over to the family for last rites. And the case was closed as “untraced”.

However, in 2006, Bhat’s wife Jamela Banoo filed a complaint and following which the case was reopened by the Senior Superintendent of Police (SSP) Srinagar and entrusted the matter to SIT. He directed them to complete the investigation on priority and furnish the detailed report in its office.

However, as per the court order, no progress was made into the case post 2006.
On 5 March 2021, the slain’s lawyer asked for a status report from the district magistrate Srinagar. On 15 March 2021, the police submitted a closure report before the court.

However, on 1 April 2021, the family filed a protest petition against the closure of the case.

In the protest petition, filed by Banoo, it has been stated that the two armed guard personnel then posted at Social Welfare Department Miskeen Bagh namely Majeed and Azam Gujjar had borrowed essential commodities worth Rs. 7,500 from Bhat’s shop on credit.

The petition said that when Bhat demanded money both the guard personnel got annoyed and with the help of SOG [Special Operations Group] Rainawari they arrested Bhat.

“The guard along with several others took Bhat from his shop at around 5:30 pm on 31 May 1996 to Rainawari Police Station where he was tortured which resulted in his death,” the petition said. “The guards and SHO Rainawari Mir Hussein then threw the body of Bhat in nallah [stream].”

The petition said that thereafter, the guards and SOG Rainawari after killing Bhat conspired and involved him in a fake gunfight.

Desperate family
In the 1990s custodial killings in the hands of police and armed forces were a common norm in the valley. With widespread impunity under the garb of the Armed Forces Special Powers Act (AFSPA), thousands of people perished in the interrogation centres without any accountability.

Talking with The Kashmir Walla, Bhat’s wife Banoo said that her husband (a daily wager in the state power department) was on election duty for parliamentary polls and returned home after three days on 31 May 1996, when he was picked up from his shop outside his house.

“It was late afternoon when he [Bhat] came home from election duty. He had tea and left for his shop. All of a sudden we heard an outcry and we rushed outside.

There was a huge military presence and they were beating my husband ruthlessly. He fell unconscious and was bundled in a gypsy and whisked away,” said Banoo.

Banoo said that they followed the gypsy in an auto-rickshaw and reached Vishwa Bharati College in the Rainawari area of Srinagar.

“The moment we reached the college, the troops were carrying him inside on their shoulders.

We approached the main gate of the college to find out the reason for his arrest. However, after a few minutes he was again boarded in the same gypsy and the moment we tried to approach him, the military resorted to aerial firing and lathicharged us,” she said.

“Meanwhile,” she added, “some of the family members visited the Khanyar police station and filed an FIR about his arrest.”

Banoo said that after taking cover behind the vehicles during the aerial firing, they again followed the gypsy before it reached the Miskeen Bagh (army camp).

“Till 10:30 pm we were waiting outside the camp but nobody answered our queries. Then, after we went to a neighbours house for a night stay,” she said.

“At 11:30 pm a heavy firing started till 11:45 pm, I was praying for the safety of all including my husband.”
Banoo said the next day early morning they again visited the Vishwa Bharati College.

“As we were trying to find the whereabouts of my husband, two children approached an elderly person who was also standing beside and said that two bodies have been found in the Miskeen Bagh,” she said.

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