The Amshipura, Shopian fake encounter that happened last July, where an Army captain and the other two locals who were involved in falsely carrying out the encounter and planting weapons on the dead bodies of the three slained youth have failed to provide any information about the source of the weapons.
According to the official sources, they had also attempted to destroy the evidence.
The charge sheet filed by the Special Investigation Team (SIT) of the Jammu and Kashmir Police before the chief judicial magistrate here said that Captain Bhoopendra Singh had also provided wrong information to his superiors and the police about the recovery made during the staged encounter.
The Army, in its FIR registered at Heerpora police station, had claimed that based on “their own input about hiding of unknown terrorists in village Amshipora”, the encounter was launched on July 17, 2020 during which three unidentified hardcore terrorists were neutralised.
“No leads regarding the source of illegal weapons as illegally arranged by accused” for planting on the bodies were provided, the charge sheet said.
The case relates to the July 18, 2020 encounter in Shopian’s Amshipura in which three youths were killed and dubbed as terrorists. Later, the Army ordered a Court of Inquiry after reports appeared on social media that the three youths were innocent.
The three youths killed in Amshipura were Imtiyaz Ahmed, Abrar Ahmed and Mohammed Ibrar, all hailing from Rajouri district. Their identities were subsequently confirmed through a DNA test and the bodies were handed over to their families in Baramulla in October last year.
“By staging the encounter,” the three accused “have purposefully destroyed evidence or real crime that they have committed and also have (been) purposefully projecting false information as part of a criminal conspiracy hatched between them with the motive to grab a prize money of Rs. 20 lakh,” it said.
Army had previously denied all allegations that were imposed on Captain Singh (the prime accused) of Amshipura, Shopian encounter and initially said that there is no system of cash rewards for its personnel for any acts in combat situations or otherwise in the line of duty.
The charge sheet also mentioned that all evidences that proved the Captain and two civilians were guilty, were destroyed.
Singh, who has been placed under detention, along with the other two accused — Tabish Nazir and Bilal Ahmed Lone — set fire to a shelter at the encounter site, according to the charge sheet. Bhoopendra Singh was in touch with Fayaz Ahmed, a special police officer (SPO) who works with the Special Operations Group, through two mobile numbers registered in the name of civilians.
Singh had approached Ahmed, who is listed as a witness in this case, for arranging weapons. A resident of Poonch in Jammu region, Ahmed gave his statement under Section 164 of the Criminal Procedure Code (CrPC) before a magistrate.
The SIT charge sheet gave details of forensic analysis of the crime scene which was photographed “from all possible perspectives”. The FSL (Forensic and Scientific Laboratory) team recovered vital evidence that was seized.
Based on responses filed by 62 Rashtriya Rifles to the SIT about details of the ammunition fired during the incident along with a copy of SITREP (Situation Report), the “accused captain had claimed to have (sic) fired a total of 37 rounds from his service rifle”.
Two pistols with two magazines and four empty pistol cartridges, 15 live cartridges and 15 empty cartridges of AK series weapon and other objectionable items were recovered from the encounter site. However, during the ballistic and forensic examination of the scene of crime, four empty cartridges were recovered — two of which were from 7.65 mm and two from 9 mm pistols (used by the Army).
“The seized fifteen 7.62×39 mm rifle cartridge cases (used in AK rifles) were found to have been fired from more than four firearms.
“From the circumstances at the crime scene which are contrary to the findings of the ballistic expert opinion the version of the accused captain Bhoopendra Singh. regarding information furnished by him in FIR is not supported.”
There was no seizure of AK rifles from the staged encounter as mentioned in the charge sheet.
The Army, which has also completed its Court of Inquiry and Summary of Evidence, had found “prima facie” evidence that troops had “exceeded” powers under the Armed Forces Special Powers Act (AFSPA) during the encounter in which the three youths were killed. Army had initiated disciplinary proceedings after their Captain was arrested and presented before the court.
The charge sheet said the Army captain had taken a private car on the day of the encounter.
Aijaz Ahmed Lone, the vehicle owner, gave a statement under oath before a magistrate that Army personnel had approached him at his residence on July 17 last year and taken his car. On the day of the encounter, the Bhoopendra Singh had informed him that his vehicle was stationed at Amshipura Nar “in a faulty condition”.
The charge sheet submitted by the SIT has listed 75 witnesses in support of its findings and has also provided technical evidence including call data records of the accused person.
General Officer in Command of XV Corps Lt Gen B S Raju had said earlier that the Summary of Evidence had been completed and the Army will take the next course of action as per the law. Officials in the know of the development said Singh may face a Court Martial proceeding for violating the powers vested under the AFSPA and not following the dos and don’ts of the Chief of Army Staff as approved by the Supreme Court.