In the wee hours of July 18, 2020, an encounter raged in the Amshipora area of Shopian. Conducted jointly by Indian Army’s 62 RR, and Jammu Kashmir Police, the encounter ended after three were killed. Following Standard Operating Procedures, the bodies were handed over to the Police who called in some families from the Shopian district of south Kashmir to identify the three slain.
On July 19, The Kashmiriyat reported that five families of active militants were called for the identification of the trio, however, they denied them being their kin. Later in the day, the bodies were transported to north Kashmir and buried there as unidentified militants.
By then, department inquiries had been initiated into the encounter and the process of identifying the trio was going on, however, no major success was achieved until August 2020, when the photos of the three slain went viral on social media.
Three families from Rajouri identified the slain as their kin- Abrar Ahmad son of Bagga Khan, Imtiyaz Ahmad son of Sabir Hussain, and Ibrar Ahmad son of Mohammed Yusuf. The trio had arrived to the valley on July 16, a day ahead of their barbaric killing. “There was no work here in Rajouri. So the trio, who were cousins had gone to Kashmir to find work amid the covid lockdown,” Mohammed Yusuf Ibrar’s father had told The Kashmiriyat.
As an enquiry was launched, it came to the fore that the three were labourers and had been killed in a staged encounter for cash and promotion by a senior Army officer.
The Army initiated general court martial proceedings against a captain for the killing of three men in a staged encounter in Amshipora in south Kashmir in April 2022 and claimed the officer had “exceeded” powers vested under the AFSPA.
A few days earlier, the Army said it has “completed” general court-martial proceedings in less than a year, and recommended life imprisonment for a captain in connection with the killing of three men in a “staged” encounter in Amshipora in south Kashmir in July 2020.
Police in their Chargesheet filed in December 2020 has said, an army captain of 62 Rashtriya Rifles (RR) along with two south Kashmir locals abducted three Rajouri youth, planted illegally acquired weapons before killing them.
In a statement, the police said that on 18 July 2020, information was received by Police Station Heerpora that “three unidentified militants were killed in an operation at village Amshipora by 62 Rashtriya Rifle (RR) and two pistols with two magazines and four empty Pistol cartridges, fifteen Live cartridges and fifteen empty cartridges of AK series weapon and other objectionable items were recovered from the encounter site”.
The police claimed, “They deliberately and purposefully chose not to follow Standard Operating Procedures (SOPs), they planted illegally acquired weapons and material on their dead bodies after stripping them of their identities and tagged them as hardcore militants in possession of war-like stores, and deliberately providing false information to colleagues/senior.”
Consequent upon the information, as per the statement, a case First information Report (FIR) No. 42/2020 U/S 307 IPC, 7/27 Arms Act, 16 ULA(P) Act was registered in Police station Heerpora and investigation was set into motion.
“All the efforts were made to establish the identity of the killed persons but all in vain. A signal was flashed to all the police stations of Jammu Kashmir as well as to all the police stations of the country to ascertain the identity of the victims. On 10 August 2020, a signal was received from I/C PP Peeri, District Rajouri mentioning therein that three youth namely Abrar Ahmad son of Bagga Khan resident of Dharsakri, Imtiyaz Ahmad son of Sabir Hussain resident of Dharsakri, and Abrar Ahmad son of Mohd Yousuf resident of Tarkassi, Tehsil Kotranka had gone to Kashmir to work as labor on 16 July 2020 but since then their whereabouts are not known to the family nor they reported back to their respective homes. Further, it was informed that the missing reports have been entered in PP Peeri, Rajouri,” Police said.
“On receipt of this information, a Police Party from Shopian was deputed for the collection of Deoxyribonucleic Acid (DNA) samples from the claimant families. Accordingly, DNA samples of claimant families were taken through the team of doctors constituted by the District Magistrate Rajouri. DNA samples of Claimant families along with DNA samples of the dead bodies were sent to Central Forensic Science Laboratory (CFSL), Chandigarh for analysis and comparison. Samples were identified as the same as three missing youths of the District Rajouri,” the statement noted.
The statement further stated that keeping in view the nature and sensitivity of the case, a Special Investigation Team (SIT) headed by Deputy Superintendent of Police Headquarters, Shopian was constituted.
“On receipt of this DNA report, two persons namely Tabish Nazir son of Nazir Ahmed Malik resident of Chowgam and Bilal Ahmed Lone son of Ghulam Nabi Lone resident of Arabal Nikas Pulwama were summoned at Police Station Heerpora for questioning and were arrested in the instant case. Whereas, Captain Bhoopendra Singh @ Maj Basheer Khan of 62RR was detained by the Army under relevant sections of the law,” the police said in the statement.
The statement added: “During the investigation, it transpired that conspiracy has been hatched by accused Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR, Tabish Nazir son of Nazir Ahmed Malik resident of Chowgam, and Bilal Ahmed Lone son of Ghulam Nabi Lone resident of Arabal Nikas Pulwama to abduct and staged the encounter.”
“As per SOPs, the army informed the police for the registration of FIR. During the investigation of above said FIR, sections 307 IPC, 7/27 Arms Act, 16 ULA(P) Act against the slain youth were dropped and the offenses under section 302, 364, 201, 436, 120-B, 182 IPC, and section 7/25 IA Act against accused Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR, accused Tabish Nazir son of Nazir Ahmed Malik resident of Chowgam and Bilal Ahmed Lone son of Ghulam Nabi Lone resident of Arabal Nikas Pulwama was established and therefore incorporated in the instant case,” the police mentioned in the statement.
According to the statement, during the course of the investigation, the disclosure of accused persons led the Special Investigation Teams (SIT) to recreate all the scenes of crime which includes routes used after meeting the victims and the place where the victims were murdered. “During further investigation, all the circumstantial evidence which includes two vehicles, service rifles of Captain Bhoopendra Singh of 62 RR etcetera were seized. Accused Bilal Ahmed Lone son of Ghulam Nabi Lone resident of Arabal Nikas Pulwama has become approver under relevant Section of law and his statement has been recorded Before Hon’ble Court of Chief Judicial Magistrate (CJM), Shopian.”
“On 26 December 2020, charge Sheet of instant case running in 1400 pages against accused: Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR and Tabish Nazir son of Nazir Ahmed Malik resident of Chowgam, for a commission of offenses u/s 302,364,201,436,120B,182 IPC r/w 7/25 IA Act was presented before Hon’ble Chief Judicial Magistrate Shopian for judicial determination,” police said in a statement.
The statement further read: “Accordingly, an order has been issued by Hon’ble Court asking the Army Authorities under relevant sections of the law to give their opinion whether the accused Captain Bhoopendra Singh @ Major Basheer Khan of 62 RR be tried by the Criminal Court of ordinary jurisdiction or by the Court Martial.”