Fizala Khan
An Indian Army Officer and his two associates were charged for planting weapons on the bodies of three laborers killed in a fake encounter in Amshipura, Shopian on 18th of July named Abrar Ahmed (25), Imtiaz Ahmed (21), Ibrar Ahmed (17) after they left their residence from Dhar Sakri village in Kotranka of Rajouri district – Poonch.
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The Shopian encounter came under a cloud after three families from Rajouri district of Pir Panjal range claimed and stressed that the three killed were their kin, laborers by profession and had no connections with any activities they were accused of. The Kashmiriyat one day after the encounter reported that the Standard operating procedures, as now told by Police in its charge sheet, were not followed during the ‘encounter, other than questioning the encounter on other grounds.
Captain Bhoopendra Singh has been charged with murder, conspiracy and other offences, and is now in military detention, according to the police statement issued late on Sunday.
On September 26, the trio who are now charged with murder – Captain Bhoopendra Singh and his two associates (one of them, a civilian) were deposed before the Army Court of Inquiry. The inquiry had prima – facie indicated that the three identified youth were killed under ‘misconduct’ of power. The result of conducted DNA samples that were taken 4 weeks after the encounter was delayed every week according to the family members of the killed labourers.
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“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,” Jammu Kashmir police said in a statement.
Nearly after six weeks of the encounter, the Indian Army had released a statement declaring the misconduct of power during the operation under the AFSPA (Armed Forces Special Powers Act) 1990, was exceeded.
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 Kashmiriyat in its report also questioned the recovery of weapons, which stands in question in the Police charge sheet.
The police claimed, “They deliberately and purposefully chose not to follow Standard Operating Procedures, 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.”
The Family Seeks Answers
Among the three was Abrar Ahmed (25), who is succeeded by his mother, a father, his wife, a child, and his brother.
Mohammad Yousuf, father of Abrar Ahmed (25) spoke to The Kashmiriyat and said, “When Lt. Governor, Manoj Sinha came to visit us on the 8th of October, I was hoping that we will find answers to all our questions that were pivoted and ignored by the administration for months. I did not find any answers, but the administration and police were very cooperative and kind to our families. I am looking for justice in a land where encounters for the sake of benefits, personal or impersonal happen and take their course every day”.
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“My deceased son has a wife (Shareen Ahmed) and an 18-month-old son (Anees Chouhan). We are not monetarily comfortable enough to provide for his widow and my grandchild. I want the government to provide for my grand son’s education. They have provided us monetary compensation of 5 lacs, but that will not suffice for the education and necessities of his family. 5 lac rupees can not and should not be the price for my son’s death. They are paying us the compensation as if a cattle or a sheep from our herd was killed. It was my son and our pain can not be measured. I am yearning for justice and I will not stop fighting till the murders of my son are hanged to death or imprisoned for life”.
The Indian Army issued a statement last week that the recording of evidence in the case had been completed and action would follow after which a local court has asked the Army whether the accused officer should be tried in a civilian court or subjected to a military court-martial.
Mohammad Yousuf, told The Kashmiriyat, “I have not asked for anything else, our families have suffered a lot, and we want these criminals to have the same fate as our sons, they did not show any mercy to my son and the two who were killed, then why should we? If our kids would have died with all the allegations being true, I would not have shed a single tear. But they were all young and innocent. They were killed for stars on uniforms, benefits from the state and more. I am hopeful that I will find justice in this pursuit”.
Indian soldiers deployed in the Kashmir valley cannot be tried in a civilian court for inquiry and arrested unless the administration in New Delhi agrees, because of the AFSPA (Armed Forces Special Powers Act), an emergency law applied in Kashmir since 1990 when an armed rebellion erupted against the Indian rule.
Despite dozens of requests by police after investigations into actions by the security forces, no such permission has ever been granted during the last 30 years. In the past army has killed many civilians in staged gun battles after terming them “Militants” to claim monetary benefits and medals.