June: 12 Militants Killed in 07 Encounters. Photo/ Suhail Dar~ The Kashmiriyat

WRITE-UPS

“Getting dead body back is not justice”: A sister’s struggle for inquiry into her slain brother’s case

By Jaskamal Bains

November 26, 2021

Jaskamal Bains

During the onset of protests against Hyderpora civilian killings, a picture of Advocate Amreen participating in the sit-in protest organized by the Bar Association, Anantnag, went viral over social media. Adv. Amreen, also a member of the Bar Association, Anantnag, was seen holding a placard reading ‘We want justice for my brother Imran Qayoom.’

ALSO READ: ‘My Son was a Civilian, Not a Militant’- Father of Imran Killed in Kulgam Encounter Writes to Officials

Four months ago, on July 25, Amreen’s elder brother Imran Qayoom Dar was shot dead in Kulgam district’s Munar. The security forces claimed that Imran was a militant and that he was killed during a ‘gunfight’ in the wee hours. The family, however, denied the claims outright and said that Imran was a civilian, who had spent Eid with the family and had gone to live with their relatives after quarreling with his father.

The family had, then, written to the Deputy Commissioner (D.C.), Anantnag demanding that an F.I.R. be registered and justice be delivered. The letter had also been marked to the Lieutenant Governor (L.G.) of Jammu Kashmir and the Senior Superintendent of Police(S.S.P.), Anantnag. “Ever since, despite several reassurances from the higher authorities, no investigation has been proceeded into the case,” Adv. Amreen says.

Revisiting Imran Qayoom Dar’s death

The Jammu Kashmir police, on July 25, had said that a ‘militant’ was killed during exchange of fire in Kulgam district’s Sursano village, at around 05:45 a.m., after a search operation was laid by the security forces.

The police said, in a statement, that while the search operation was on, the ‘militant’ hiding in the orchards started firing indiscriminately upon the security forces, which was retaliated leading to an ‘encounter.’ The militant was killed, whereafter. The police also claimed to have recovered arms and ammunition from the dead body.

Imran’s family, however, refuted the police’s version. As The Kashmiriyat had reported earlier, the family from Anantnag’s Batengoo village said that Imran Qayoom Dar was killed in a staged encounter. Imran had spent Eid with the family and after some quarrel with his father, he left house to spend a few days at his relatives’, like he always did after minor arguments with his father.

At about 9.30 p.m. on July 24, Imran’s father Abdul Qayoom Dar saw him at a petrol pump which is about a few meters from their residence. Abdul chided Imran and asked him to return home, to which Imran agreed. The next day, however, it was only the news of Imran’s death in an ‘encounter’ that returned home.

A resolute sister seeking justice for her brother

After Imran, Adv. Amreen is the eldest among the three remaining siblings. She says that it is only recent that both her grief stricken younger brothers could get back to their work. The parents still cannot believe that Imran has been killed in an ‘encounter’, she says. “I’m trying to come to terms with the reality that he’s no more. An impartial and fair probe into the case might give me some closure, perhaps,” she says.

“The higher authorities had assured our family that the investigation will be completed within 3 months. We were told that the truth as to what happened, and how it happened would be out,” said Adv. Amreen while talking to The Kashmiriyat.

She added, “It’s been four months, however. Not a single statement has been recorded in regard to the case. We keep on visiting officials. Other than reassurances, no concrete step has been taken into the investigation of the case.”

Adv. Amreen told The Kashmiriyat that the family had approached the Police officials, after which they were referred to the Deputy Commissioner (D.C.), Anantnag. The family was then told that the case falls into the jurisdiction of Kulgam district, after which, they approached the Additional District Commissioner (A.D.C.), who told them that they’ll be called in for recording a statement.

“We did not receive any call from the A.D.C.’s office for a long time and hence, we went there again. Again, we were told that we’d be called in but we are still awaiting the call,” Adv. Amreen said.

The Kashmiriyat tried calling the Additional Deputy commissioner of Kulgam, but his number was not reachable. We tried to reach him over whatsapp, but he has not responded as of yet.

Unanswered Questions Regarding the Death

Adv. Amreen told The Kashmiriyat that the concerned Police officers, back then checked all of Imran’s previous records and admitted that nothing suspicious was found. “I’m not sure if they will admit it today, but they had said to my family then, that what happened to Imran was wrong,” Adv. Amreen said.

She also added, “The constitution provides us with rights, and hence it is the right of my family to know how our Imran was declared a militant within a day.”

“The police said that he was killed during an ‘encounter.’ If an encounter did take place, does the protocol not say that the family will be called to the spot during the gunfight, and the ‘militant’ would be given the chance to surrender?” Adv. Amreen said, furiously.

Amreen added, “Let’s, for a moment, assume that Imran was present there. The police had also claimed that 3 militants were present, of which two managed to escape and Imran was killed. I demand to know for how long did the police carry the search operation for the other militants that escaped?”

“We enquired with the locals of the area, where he was killed. They said no search operation was carried out there. Otherwise, search operations do take four to five hours to conclude, atleast” she told The Kashmiriyat.

Adv. Amreen, while talking to The Kashmiriyat, said that like thousands of sisters in Kashmir, she, too, awaits justice for her brothers. “As of now, all that I expect is that a statement be recorded, and an impartial investigation be initiated,” she said.

“Getting dead body back does not mean ‘Justice’ to me”

Adv. Amreen lauded how the victim civilian families of those killed at Hyderpora remained consistent in their demand and protested peacefully. However, she believes it is only after an impartial investigation into the matter that justice can be delivered to the victim families.

“It was at 3:00 p.m., on the unfortunate day that we got to know Imran bhaiya was killed in an ‘encounter’ in the morning. As soon as we got to know, as directed by the concerned authorities, we rushed to the Police Control Room (P.C.R.), Srinagar. By 4:30 p.m., we had reached. But we were told that we are late and that the body had been dispatched to Handwara at 2 o’clock,” she said to The Kashmiriyat.

“Is it not the responsibility of the authorities to inform the family before dispatching the dead body? We could have seen his face for one last time,” Adv. Amreen said.

Although, the authorities did ask the family to visit them four days later, in order to see Imran’s face, the family did not accept the proposal. “We were denied to see his face, earlier. And then, four days later, our mother was not in the position to see the dead body of her son,” she added.

“And, is ‘being allowed to look at his face’ or ‘getting his dead body back’ what you’d call ‘justice’?” she said.

It was after some days that the family got to know where Imran was buried by the administration. “We visited his grave, rightaway. We often pay visits to his graveyard now,” she told The Kashmiriyat.

“People are afraid of seeking Justice”

Adv. Amreen says that what happened to their family is not an isolated incident and that it happens to someone or the other with each passing day in the valley. “But people are afraid of demanding justice,” she says.

“We could have protested, taken to the streets. But I knew, if we protested, my younger brothers or my father would have been sent to the jail and booked either under the U.A.P.A or some other sedition law,” she said.

Further, she also said, “My videos and pictures from the protest organized by the Bar Association, Anantnag on November 18 were shared, wildly. But nothing came out of that. The ex-C.M. Mehbooba Mufti, too, retweeted the picture. No concrete step was taken, however.”

“I’m awaiting that my statement will be recorded. And that an impartial investigation will be opened in to the matter,” she told The Kashmiriyat.

“The only ‘Justice’ would be an impartial inquiry into each killing – into the killing of the Hyderpora victims, and my brother’s killing. Those involved in these acts, should be brought to the fore. Justice would be served when the perpetrators are punished,” Adv. Amreen iterated.