Kashmir lecture series at Harvard

" In an attempt to capture the nuances of the conflict and to build an inclusive dialogue, the Carr Center presents the 2009-10 Speaker Series Kashmir: Human Rights Policy for “The World's Most Militarized Dispute."
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How to invesitgate your own war crimes

CBI clears CRPF of rape and murder; charges witnesses and doctors for creating "false evidence"



CBI DROWNS SHOPIAN

Greater Kashmir December 15, 2009

‘No rape, no murder’

NASEER AHMAD /SAMAAN LATIF


► Police, Troopers Cleared Of All Charges
► Docs, Advocates, Witnesses Booked For ‘Creating False Evidence’
► ‘Case Was Framed To Defame, Discredit Police, Forces’

Srinagar, Dec 14: Contrary to Justice Jan Commission’s findings that Asiya Jan and Neelofar were raped and murdered, the Central Bureau of Investigation today produced chargesheet of Shopian case before the High Court, saying the victims had died due to drowning and there is no evidence to substantiate the charges of murder and rape. The chargesheet has been already submitted by the CBI to the Chief Judicial Magistrate Srinagar on December 10.
“The death of Asiya Jan and Neelofar has occurred due to ante-mortem drowning and offences under section 302, 326, 376 and 201 RPC could not be proved,” said the CBI chargesheet.
The Shopian Majlis Mashawarat and the High Court Bar Association rejected the report. The Majlis moved an application before the Court and said it was formally disassociating itself from the case. The Majlis president, Abdul Rashid Dewa, said they were not interested to see the presentation prepared by the CBI about the case. The CBI counsel Anil Bhan was insisting that the power point presentation should be shown in the open court. But the Majlis refused to watch it.
“Now they say it is case of drowning. There is nothing to watch,” said Dewa. The Bench comprising Chief Justice Barin Ghosh, Justice Yaqoob Mir though suggested the Majlis to assist the Court and said the CBI presentation was not sacrosanct and gospel truth, the Majlis however refused to watch it in open court. It submitted to the Court that it should not play the same in open Court, and the request was conceded. The Majlis accused the CBI of preparing ground for today’s report by selective leaks.
Outside the Court, the Majlis expressed its resentment against the chargesheet by burning it in full media glare. Shakeel Ahmad, husband of Neelofar and brother of Asiya Jan, burned the CBI chargesheet outside the Court. He said the CBI today committed another rape by declaring the incident as of drowning. He said it was not the question of two women of Shopian but of all women of Kashmir.
The CBI chargesheet presented before the CJM Srinagar says that during investigation, the allegations of rape and murder couldn’t be substantiated. “At the same time the investigation has established that the concerted efforts were made to create false evidence by creating false post mortem reports, fudged slides of samples taken from dead bodies and by inducing the witnesses to implicate the police, security forces in a false case of rape and murder of the two ladies,” it said.
“The findings of earlier post-mortem examination by the team of Shopian and Pulwama doctors stand negated by the opinion of the Board of Doctors of All India Institute of Medical Sciences,” the chargesheet said.
The CBI said that it was of opinion that the cause of death in Asiya Jan’s case was due to asphyxia as a result of ante-mortem drowning. “The lacerated wound present on forehand could be produced by blunt force striking head against the hard surface or object; and was not sufficient to cause death in ordinary course of nature. There was nothing suggestive of penetration of penis or like object through the hymeaneal opening as the hymen was found intact,” the CBI said.
In Neelofar’s case, the CBI said it is of considered opinion that the cause of death in this case was due to asphyxia as a result of ante-mortem drowning. “There were no external ante-mortem injuries on the body.”
The CBI said clothes worn by the two women on the day have been found intact. “The ornaments worn by Neelofar were intact at the time of discovery of her body, as is apparent from photograph taken by police photographer Nazir Ahmad Rishi which prima facie rules out robbery as motive for her death,” the CBI said.
The CBI said that since the two witnesses had stated that they had seen uniformed persons standing near a 407 police vehicle parked on the Zawoora Bridge from which screams of ladies were heard on May 29, 2009, it made extensive efforts to determine whether the vehicles or personnel were involved in the incident. “In the process the movement of 23 vehicles and their staff at the disposal of C Coy, 14th Bn CRPF; DPL Shopian and SOG camps in Shopian district located at Keller, Gagren were verified but nothing suspicious emerged.” The CBI said that the investigation pertaining to the vehicles belonging to the police and security forces has not revealed anything linking them to the incident so far.
The CBI said that investigation has established that false post mortem reports were prepared by the first team of doctors comprising Dr Bilal Ahmad Dalal, and Dr Nazia Hassan and second team of doctors comprising Dr Nighat Shaheen, Dr Ghulam Qadir Sofi and Dr Maqbool Mir in connivance with Dr Ghulam Muhammad Paul. All the doctors have been arrayed as accused in the case.
“The investigation disclosed that after the falsification of the various postmortem reports and fudging of evidence by the doctors who were involved in the post mortem examination of two deceased ladies, a concerted effort was made by some advocates of Shopian Bar and some private persons to create further false evidence for implicating the police and security forces in a false case of rape and murder of the two accused,” the CBI said.
The CBI has named advocates Abdul Majid Mir, Mushtaq Ahmad Gatoo, Muhammad Yousuf Bhat, Altaf Muhammad and Sheikh Mubarak in the chargesheet along with Ali Muhammad Sheikh and Zahoor Ahmad Ahangar. The CBI said they induced, assaulted and threatened the witnesses to make false statements implicating police and security forces in a false case of rape and murder. The Court said the accused committed offences under section 120-B RPC r/w 167, 193, 194, 195A.
The CBI has accused the doctors of giving provocative statements after they conducted the post mortem on May 30, 2009, in Shopian hospital. The CBI said Dr Nighat after conducting the PV examined of the deceased women came out of the operation theatre in Shopian hospital and made false statement before the Deputy Commissioner Shopian. The CBI said subsequently a crowd gathered there saying that Asiya Jan had been subjected to rape and “that every care should be taken to protect Kashmiri girls.” The CBI said similar statement was made by Dr Ghulam Qadir Sofi. “These statements aggravated the atmosphere as the general public of Shopian was blaming the conduct of police and security forces,” the CBI said. The crowd became furious and resorted to large scale violence which resulted in extensive damage to property.
The CBI said that Dr Nighat has not truthfully revealed the sources of the vaginal smears used for making slides. The CBI accused her of making false statements and of fabricating the slides with active connivance of other doctors.
The CBI report says the flow in Ranbiara was fast enough for Asiya and Neelofar to drown, a claim it has tried to substantiate through noise of water-flow in the stream.
The report also says the water in the stream had receded at the time it was photographed after the bodies were found at its banks. The photographs have shown the flow of water in the stream was too low for anyone to drown, a fact accepted by Justice (retd) Jan Commission also. Pertinently, the shots were taken barely 12 hours after Asiya and Neelofar had gone missing.
“The photographs and videos of the Rambiara Nallah taken a few days after the incident, when the discharge of water had decreased still show a fast moving stream, creating a great deal of noise as it moved amongst a huge number of rocks and boulders,” the report says.
CBI has mentioned the Zawoora bridge on the stream in its report to justify its claim. It says: “It has come to light that due to the high discharge of water during the summer season in order to visit Shopian town. The residents of village Nagbal normally used to cross the Rambiara using the wooden bridges which are slightly upstream of the Chashma into which the deceased were seen descending.”
The report says the post mortem of the bodies has revealed presence of diatoms inside the lungs of the victims which are present in the Ranbiara.
“The diatom test conducted by FSL Madhuban, Haryana, confirmed that the diatoms were detected in the lungs and sternum of Neelofar Jan and Asiya Jan and also in the lung tissues of Asiya Jan. These diatoms were similar to the diatoms found in the water samples collected from the place of recovery of the dead body of Neelofar Jan in the Rambiara Nallah,” it says.
While the earlier probes into the incident have categorically mentioned that the bodies were found in a naked state, CBI says the witnesses had found sand and mud was found from the clothes of the both Asiya and Neelofar.
“Witness Javid Iqbal Malik found sand in the undergarments of Neelofar. Similarly, witness Muhammad Ismail Sheikh noticed sand in Asiya Jan’s bra,” report says, adding witnesses had also found mud accumulated in the nostrils of Neelofar Jan during the initial examination of her body.
“Further, sand and mud like material was also found by the board of doctors in the lung tissues and esophagus of Neelofar. Similarly, during the dissection of the lungs of Asiya Jan, fine material and mud was found lodged in the trachea, bronchi and bronchioles,” it adds.
The report, however, claims that Sajad Ahangar, a neighbour of the victims, has stated before CBI that the water of the Nallah was high. “And it was quite risky for anyone to cross it, especially women.”
“If someone had suffered a fall in the nallah chances of his survival would be remote keeping in view the flow of water,” report has quoted Sajad as saying.
The report says the CBI has witnesses to prove that the family of the victims had taken the incident as a case of drowning at the time of the recovery of the body. “The impression of the family members of Neelofar and Asiya is also reflected from the fact that immediately after the two ladies went missing on the fateful evening, Shakeel and his family members started searching in and around the nallah and in the night also with local PS staff, they searched the Rambiara Nallah only for tracing the then two missing bodies,” it says.

CBI CHARGESHEETS 6 DOCS, 5 ADVOCATES, 2 CIVILIANS:
The 66-page chargesheet accuses 13 persons including 6 doctors, 5 advocates and 2 civilians of ‘fabricating the evidence’ in the aftermath of recovery of two bodies in Shopian in May this year.
The CBI informed the High Court that a chargesheet had been filed before Chief Judicial Magistrate Srinagar against 13 people for allegedly creating false evidence and witnesses.
In its report the CBI has accused Dr Nighat Shaheen, Dr Ghulam Qadir Sofi, Dr Muhammad Maqbool Mir, Dr Ghulam Muhammad Paul, Dr Bilal Ahmad Dalal, Dr Nazia Hassan, Advocate Abdul Majid Mir, Advocate Mushtaq Ahmad Gatoo, Advocate Muhammad Yousuf Bhat, Advocate Muhammad Altaf Mohand, Advocate Sheikh Mubarak and two civilians Ali Muhammad Sheikh and Zahoor Ahmad Ahanger and charged them under section 120-B r/w 167, 193, 194, 195 A of RPC and substantive offences under section 167, 193, 194, 195A RPC.
CBI said the investigation had established that the five doctors conspired to defame, discredit and cause injury to the personnel of the police and security forces and wrongfully convict for a capital offence, by creating false reports and fudging the vaginal slides. The chargesheet said the 6 advocates and 2 civilians induced, assaulted and threatened the witnesses to make the false statements implicating the police and security forces in a false case of rape and murder.
Talking to Greater Kashmir, senior advocate of High Court, Syed Riyaz Khawar said the Section 120-B of RPC pertains to criminal conspiracy for commission of offence of death, life or offence which carries rigorous punishment of more than 2 years, adding that section 167, 193, 194, 195 A of RPC pertain to fabrication of evidence.
He said section 167 of RPC pertains to public servant framing an incorrect document with intent to cause injury and imprisonment for 3 years or fine or both. Reyaz said section 193 of RPC pertains to giving or fabricating false evidence in judicial proceedings. It was bailable offence with imprisonment of 7 years and fine.
Section 194 of RPC pertains to giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence. Life or rigorous imprisonment for 10 years and non baliable, Reyaz said. He said section 195 A of RPC pertains to giving or fabricated evidence with intent to procure conviction of an offence punishable with imprisonment for life or for 7 years.

Democracy in action, part II - India bans pre-paid cell phones in Kashmir

Greater Kashmir November 3, 2009
Pre-paid ban hits 20000 jobs


DANISH NABI

Srinagar, Nov 2: After the Union Home Ministry announced ban on pre-paid mobile connections in Jammu and Kashmir on security grounds, the jobs of 20000 people associated with the retail business of pre-paid SIM cards hangs in balance.
While people have been desperate to know the fate of pre-paid SIM cards, only a few subscribers are turning to retailers for conversion into post-paid.
According to the figures provided by the association, around 10,000 people are running pre-paid recharge and collection centres in the State with an average monthly income of Rs 9000 to 10000. In addition, around 5000 people are associated with the activation and distribution of pre-paid SIM cards.
Besides, the ban would render jobless an estimated 5000 mobile accessory shop owners in the state.
“An average recharge outlet would earn average Rs 300 to Rs 500 a day given the number of telecom operators in the state but they will suffer due to the ban. Similarly, the distributors and activation agents working for petty salaries will be rendered jobless,” the Chairman of Jammu and Kashmir STD Owners Association- amalgam of STD owners and recharge outlets in the state- Bashir Ahmad Dar told Greater Kashmir.
He said the ban would indirectly hit estimated two-lakh people in the state. These include the family members of those associated with the business. “It was our bread and butter but we have to look for a new business due to the ban.”
Lashing at the Government for imposing the ban, Dar said the telecom operators in the State should be held responsible for giving SIMs cards to ‘irresponsible people.’ “They (telecom operators) gave pre-paid SIMs to every Tom, Dick and Harry which is now being portrayed as a security threat. They earn in billions but only the poor retailers are bearing the brunt of the ban,” he said.
The SIM card retailers and company outlets of the telecom operators in the state have barely witnessed any rush of subscribers who want to switch over to post-paid services.
“Since the ban was announced we have received only a few subscribers who want to shift to post-paid services. Subscribers mostly enquire about the modalities of the ban but they are reluctant to switch over to post-paid connections,” Dar said.
He said around 90 per cent active SIM cards in the state were pre-paid connections as the service was both affordable and convenient. He said only 20 per cent subscribers could afford post-paid services. “Post-paid service is expensive even if people opt for the cheapest monthly plan. Majority of the pre-paid subscribers are students and people from lower strata of the society and they can’t afford post-paid services,” he said.
The Centre has imposed ban on pre-paid connectivity in the state since November 1. The telecommunication companies have already been asked to halt issuing new pre-paid SIM cards while the validity of the mobiles would not be renewed. Around 38 lakh active pre-paid SIMs need to be converted into post-paid or they would be rendered useless.
The acting President, Kashmir Traders Federation, Muhammad Yasin Khan said the ban would thousands of shopkeepers in the Valley. “They are completely dependent on cellular service and their business will come to halt due to the ban,” he said, adding they support STD owners association in their stand against the ban.

Democracy in action: India prevents Kashmiri professor from travelling to China to receive international award

Valley academic stopped from flying to China

Greater Kashmir November 3, 2009
GK NEWS NETWORK

Srinagar, Nov 2: A Kashmiri professor became the fresh victim of the row between China and India over issuance of separate visa to Kashmiris, as the Indian immigration authorities stopped him at New Delhi’s Indira Gandhi International Airport on Sunday while he was boarding a plane to China to receive a prestigious award.
Dr Shakil Ahmad Romshoo, associate professor, Department of Geology and Geophysics Kashmir University, was proceeding to China to receive the Kasumigaura International Award for his research work on ‘Pollution Modelling of Himalayan Lakes’ on November 2 during the 13th World Lake Conference at Wuhan.
“After I cleared the immigration check, I was stopped from boarding a plane of China Southern Airlines by the Indian immigration authorities. When I protested, they said as the visa granted by the Chinese Embassy did not mention my nationality as an Indian, I can’t board the plane,” Romshoo told Greater Kashmir from New Delhi.
Romshoo said he had travelled to 30 countries including US and even China. “But I never faced such problem. I showed the immigration authorities my standing visa of US and Japan but my requests to board the plane met with deaf ears. I left the Airport dejected,” he said.
From this year, Chinese Embassy in New Delhi has been issuing stapled visas to Kashmiris on a separate sheet of paper and not on their passports. China has adopted the same procedure for travellers from Arunachal Pradesh saying it was a disputed territory.
India has been lodging strong protests against China’s travel procedure for Kashmiris terming it an attempt to question the status of Jammu and Kashmir as part of India. It has been asking Beijing to “stop discriminating against Indian nationals on the basis of their ethnicity and domicile.”
Romshoo said he took up the matter with the Chinese authorities. “But they said it is their policy to issue separate visa to Kashmiri. “It is our policy to grant separate visa to Kashmiris. We have nothing against Kashmiris. The problem lies with India,” he quoted the Chinese authorities.
During past some months, Indian immigration authorities have stopped several Kashmiri students and businessmen from boarding flights to China.
Pertinently the relations between India and China turned sour after the latter’s troops reportedly entered into Ladakh territory. India had even threatened Beijing to either stop the new visa practice ‘right away or face a similar discriminatory regime in processing of Chinese applications for Indian visa.’
Notwithstanding India’s resentment, China has been maintaining its stand, terming it as correct and valid.
“In the tussle between China and India, why should Kashmiris suffer?” Romshoo asked.

Once upon a time a tyrant...

Once upon a time there lived a ruler who was so hated by the people that he couldn't bear to see them, or for them to see him. Whenever he visited the city the people were forbidden to leave their homes or even to open their windows. Students missed their exams, the sick their medicine, the babies and the elderly had no food that day. He chose not to see the terror, the repression, the cruelty of his government. His soldiers walked the land and ruled through force and terror. As the condition of the people grew more desperate day by day, his announcements became more and more divorced from reality. While his courtiers smiled and cheered, a few brave souls took to the streets.....

Photos and reporting from Greater Kashmir

in Greater Kashmir October 29, 2009

Wanpoh, (Islamabad) Oct 28: The prime minister, Dr Manmohan Singh, Wednesday said New Delhi was willing to talk with anyone in Jammu and Kashmir who abjured violence and had “meaningful ideas” to promote peace and development.
“We want to carry all sections of people with us in resolving the political and economic problems of Jammu and Kashmir,” he said, addressing a public rally here before flagging off the 12-km Qazigund-Islamabad rail service, which completed 120-km link between North and South Kashmir.

Kashmir shuts down

Clashes in Maisuma, Gaw Kadal, Habba Kadal

GOWHAR BHAT

Srinagar, Oct 28: For the second consecutive day, Valley observed a total shutdown Wednesday in response to the Hurriyat Conference (G) chairman Syed Ali Shah Geelani’s call against the visit of Prime Minister Dr Manmohan Singh and UPA Chairperson Sonia Gandhi.
The day also witnessed clashes between protesters and police in uptown areas of Maisuma and Gowkadal, resulting in injuries to half a dozen protesters.
All shops, businesses and most educational institutions remained closed in the summer capital and in the major towns and district headquarters across the valley. The Government offices remained open but witnessed a meagre attendance. Public transport remained off the roads in the city and other districts.
Authorities had made elaborate security arrangements, mainly in south Kashmir’s Islamabad district, where Prime Minister along with his cabinet colleagues inaugurated the 18-km long Qazigund-Islamabad railway line.
Most of the roads presented deserted look even as police and paramilitary CRPF personnel were deployed in strength in a number of areas in old city.
In uptown Maisuma, which was sealed by police, youths wearing masks took to streets and staged pro-freedom demonstrations and clashed with the CRPF deployed in the area. Shouting pro-freedom and anti-India slogans, youths brunt the effigies of Prime Minister and Chief Minister Omar Abdullah.
They pelted stones on the troopers who retaliated by baton charging and firing teargas canisters repeatedly. The ding-dong clashes continued intermittently throughout the day.
The protests also spilled over to the neighboring areas of Mandar Bagh, Gaw Kadal, Habba Kadal and Tengpora in city outskirts.
Authorities restricted the movement of public and private transport along the Boulevard Road. No vehicle was allowed to move beyond Nehru Park while the vehicles from Nishat, Shalimar and Harwan areas were asked to take Hazratbal route.
“Restrictions will continue till Thursday morning when the PM would leave,” Senior Superintendent of Police, Traffic, Showket Hussain said.

SOUTH KASHMIR
Complete shutdown was observed in south Kashmir districts of Islamabad, Kulgam, Pulwama, Shopian on the PM’s visit.
Shops, businesses, educational institutions were closed while Government offices witnessed very thin attendance.
In Kulgam, youths stopped and pelted stones on the buses carrying people to Wanpoh, Islamabad, where the Prime Minister was to address them. The situation remained tense till late afternoon.

NORTH KASHMIR
Reports of total shutdown also poured in from north Kashmir districts of Varmul, Bandipora, Kupwara and Ganderbal.
Students appearing in their matriculation exams had to face inconvenience in absence of public transport.

Indian soldiers commit suicide

2 troopers end life

Greater Kashmir Oct 5, 2009
GK NEWS NETWORK

Jammu, Oct 4: Two troopers committed suicide in Rajouri district since last evening, police said on Sunday. It said a paramilitary BSF trooper, Jitender Singh, who was on guard duty, fired upon himself with his INSAS rifle at a BSF camp in Noushera area this afternoon. He was rushed to a hospital where doctors declared him brought dead.
An army trooper, Amarjeet Singh, committed suicide by hanging himself from a tree in Qilla Darhal area last evening, police said, adding the trooper had come home on leave from Pune.

State employment discrminates against Valley, in favour of Jammu

does not surprise, but must be documented

For 334 posts, 151 selected from Jammu

Greater Kashmir October 5, 2009
Of 21 English Lecturers, Only 3 From Valley

MUDDASIR ALI

PET Selections For Kashmir Districts
Srinagar, Oct 4: There seems to be a definite angled pattern emerging in the selections being made by the State Public Service Commission (PSC) and the Services Selection Board (SSB) with the state’s one region grabbing the lion’s share of the selections, at all levels – state, divisional and district cadre.
The latest case in point is the selection of English lecturers made by the PSC on October 1 and that of Physical Education Teachers (PET) by SSB on October 3.
While only three candidates from the Kashmir valley figure in the PSC selection list of 21 English lecturers, the candidates from Jammu region have grabbed almost half of the openings filled up by SSB against the district cadre vacancies of PETs in the five valley districts.
Believe it or not, out of 334 selections of PETs the SSB notified on Saturday for the district cadre posts of Islamabad, Srinagar, Kupwara, Budgam and Varmul, as many as 151 candidates have been selected from the Jammu region.
As per the selection list issued by SSB, out of 137 selections of PETs made by the recruiting agency for district Islamabad, 52 candidates are from the region region.
Curiously, in certain cases, the column specifying the category of the selected candidates has been left blank. For instance, nothing is mentioned in the category column of the candidates appearing in the PET selection list of Islamabad at serial No 6, 7, 39, 42, 49, 67 and 98.
A candidate selected against the ST category (serial No 16) for district Islamabad is a resident of Rainawari in Srinagar. Similarly, another candidate with the surname of Dar and a resident of Sopur (serial No 20) has been selected against the Scheduled Caste (SC) category for district Islamabad.
For district cadre Srinagar, out of 95 PETs selected, 33 are from the Jammu region. Curiously, in the Srinagar selection list, only four selected candidates are the bona fide residents of the district.
The selection list for district Kupwara presents the most glaring instance of unfairness. All the 17 candidates selected against the district cadre posts of PETs for Kupwara are from Jammu region.
The candidates from district Budgam present almost the same picture as those of Kupwara. Out of 31 PET selections made against the posts of district cadre Budgam, 28 are from Jammu region.
Similarly, in Varmul, out of 54 PETs selected, 16 are from Jammu region.
As per the official figures, out of 3,689 divisional and district cadre selections made by SSB under the fast-track mode in the Kashmir valley, candidates from Jammu region walked away with around 750 posts while on the contrary just two candidates from the Kashmir valley got selected in 2521 district/divisional cadre selections made in Jammu region.

Killings, protests continue

DAY 3: Varmul simmers

Greater Kashmir Oct 4, 2009
Protests, Clashes Continue; Cops Exercise Restraint: IGP

ALTAF BABA/PTI

Varmul, Oct 4: For the third consecutive day Sunday, this north Kashmir town continued to simmer with hundreds of youths defying restrictions and clashing with the police at various places, in protest against the killing of a 12-year old boy in police shelling.
In the morning hundreds of youths from the old town gathered at the cement bridge and raised pro-freedom slogans, demanding action against the policemen responsible for Friday’s killing. The police resorted to lathi-charge and tear gas shells on the youth and the latter retaliated by pelting stones.
As the day progressed, the clashes intensified in which nine persons including two policemen were wounded.
Shops and business establishments remained closed across the town with most of the commercial vehicles off the roads. Only some private vehicles plied in the civil lines area.
Talking to Greater Kashmir, the inspector-general of police, Farooq Ahmad, said the situation in the civil lines areas was normal while the old town observed strike marked by stray incidents of stone pelting near the two bridges linking the two parts.
“Police has shown great restraint which is evident in the fact that two dozen policemen, including an additional superintendent of police, sustained injuries yesterday,” he said, adding that another five policemen were injured in stray stone pelting incidents which were confined to the Cement Bridge area only.
The situation in the town is tense since Friday evening when 12-year old Irfan Ahmad Lone of Drangbal, a Class-7 student, was killed after being hit by a tear-smoke shell fired by police.
Irfan was killed and four youths injured when police resorted to baton charge and fired teargas shells to quell a demonstration in the town protesting the continued house arrest of Hurriyat Conference (G) chairman, Syed Ali Geelani.
Geelani is under house arrest at his Hyderpora residence in Srinagar since September 9. On September 8, he was released on court orders from 95 days of imprisonment.
While police first claimed that the boy died of heart attack, later it said the student received shell splinters. Locals maintain that he was hit by a teargas shell on his head.

ADC APPOINTED INQUIRY OFFICER
According to a notification issued by the district magistrate today, the additional deputy commissioner, Muhammad Ashraf Shuntoo, has been appointed as inquiry officer to probe the boy’s killing.
“Anybody who is witness or has some knowledge about the incident may record his statement before the inquiry officer in DC Office Varmul from October 5 to 10, 2009, from 10 a.m. to 4 p.m,” an official statement said.

Demilitarization for a day

Short-lived demilitarization joy in Langate Greater Kashmir Sept 20, 2009 UMER MAQBOOL DAR Langate, Sept 19: When Ghulam Hassan Wani walked in his orchards Saturday morning, he felt as if he walked on moon. He could not hide his emotions and kissed the soil in elation. Army’s 30-Rashtriya Rifles Friday removed their camp from the orchards of Deedarpora village spread over 79 Kanals, including Wani’s, after occupying them for three and a half years. But the joy of the villagers, comprising a reasonable number of Sikh families too, proved short-lived. “We have heard that a new company is taking over within days. But we would not allow them to take our lands at any cost,” locals said. DIG north Kashmir, AQ Manhas, confirmed what the villagers feared. “No camp has been removed. This is routine matter, one company leaves, other comes,” he told Greater Kashmir. “Army has vandalized our orchards. The soldiers have chopped off the trees for firewood and ruined the land by digging trenches for construction of bunkers and underground cells. Our survival depends on this land, we won’t allow them to re-occupy our orchards,” said the villagers in unison. The residents have decided to launch an agitation if troops again occupy their lands.

The Occupation, in numbers

Frontpage

'Troops occupy 10.40 lakh kanals in JK'

8.55 Lakh Kanals Held Illegally: Government Greater Kashmir August 25, 2009 ARIF SHAFI WANI/MUDDASIR ALI Srinagar, Aug 24: The Government on Monday revealed that different security agencies have occupied 10,54,721 kanals of land in Jammu and Kashmir. It includes 8,55,407 kanals under illegal occupation and 1,99,314 kanals occupied by the agencies on the basis of lease, licenses and acquisitions under the provision of Land Acquisition Act, government informed the Legislative Assembly. Kashmir Valley tops the list with 5,33455.78 kanals illegally occupied by the security agencies including Army, Central Reserve Police Force, Indo-Tibetan Border Force and Border Security Force, followed by Jammu with 3,21951.4 kanals of land under occupation. Out of 5,33455.78 kanals in Kashmir region, 26,3376 kanals are under illegal occupation in Leh while 13,3804 kanals are in Nobra. In response to a question by National Conference legislator, Rafi Ahmad Mir, the government in a written reply said 8,55407 kanals of land were under occupation in 80 tehsils of Kashmir, Jammu and Ladakh. In Kashmir, the Budgam has 20,959.18 kanals of land under occupation followed by Uri and north and south tehsils in Srinagar respectively with 15,602.12 kanals, 15,364 kanals and 12,949 kanals of land. The security agencies have occupied 12935.17 kanals of land in Karnah, 7415.05 kanals in Pulwama, 5563.01 kanals in Kupwara, 5368.14 kanals in Handwara, 4248.12 kanals in Shangus, 3636.14 kanals in Awantipora, 3624 kanals in Khaltsi, 2816.15 kanals in Lar, 2751.18 kanals in Islamabad, 2555.13 kanals in Kargil, 1665.02 kanals in Bandipore, 1250.08 kanals in Sonawari, 1487.08 in Varmul, 1213.13 in Sopur, 1433.10 in Kangan, 1647.12 in Pampore, besides several hundred kanals of land under occupation in different tehsils. In Jammu region 56862.11 kanals of land have been occupied in Mendhar, 56144.11 kanals in Jammu, 32397.18 kanals in Udhampur, 31525.06 kanals in Samba, 14864.10 kanals in Hiranagar, 13311 kanals in Haveli, 11278.11 kanals in RS Pora, 9958 kanals in Kathua, 7866.06 kanals in Baderwah, 3335 kanals in Reasi, 2194.05 kanals in Mahore, 2569.03 kanals in Bishnah, 2272.16 kanals in Doda, 1002.05 kanals in Bani. In mnay other tehsils of Jammu the measurement of land under occupation runs in hundreds of kanals. Replying to another question, government said 1,99314 kanals of land had been occupied by the security agencies on the basis of lease, licences and acquisitions under the provision of Land Acquistion Act, which includes, 36,397.24 kanals of land in Kashmir and rest in Jammu. Under the category, in Kashmir division, Budgam tops the list with 16,698 kanals of land acquired under land acquisition act by the Army, BSF, CRPF and Beacon besides 1048 kanals and 1000.09 kanals of land by the army in Pulwama and Pampore. In northern tehsil of Srinagar, Varmul and Leh 10,656 kanals and 31629.19 kanals and 1508 kanals of land have been respectively leased out to Army and BSF. In addition hundreds of kanals of land have been either leased out or acquired by the security agencies. In Mendhar tehsil of Jammu, army has unauthorizedly occupied 49825.08 kanals of land and out of 32375.05 kanals of land under them, army and BSF have occupied 875.09 kanals and 1483.08 kanals of land respectively. Out of 19370.14 kanals of land under its custody in Akhnoor, Army and BSF have unauthorized occupation over 7620 kanals and 4895 kanals of land. In Samba, Hiranagar, Kathua and Bhaderwah, the government has leased out 16988.10 kanals, 15599.14 kanals, 5283.07 kanals and 7684 kanals of land to security agencies. In Haveli Tehsil of Poonch, the government had accorded sanction for transfer of 69 kanals of land to the Army however it has unauthorizedly occupied 1984 kanals. Responding to a question the government said the land acquired under the Land Acquisition Act becomes the property of the party which had acquired it. “The question of restoration of land to the rightful owners or proprietors doesn’t arise. The land under lease continues with the lessee till the expiry of the lease, after which it can be extended or the land resumed.” From last year, the government said the land requisitioned under the Requisitioning and Acquisition of Immovable Property Act, rental compensation is being released to the land owners under revised rates. “And in case of agricultural land, the compensation is paid on a six monthly basis or on release of the land, whichever is earlier,” the government claimed. The government said the requisition for the land and request for the acquisition of requisitioned land received from government of India departments and organisations, army were processed in terms of provisions of the Requisitions and Acquisitions of Immovable Property Act.

Shopian rape and murder - NYT finally reports Kashmir abuses

2 Killings Stoke Kashmiri Rage at Indian Force

By LYDIA POLGREEN

Published: August 15, 2009

SHOPIAN, Kashmir — On a sunny late spring afternoon, Asiya and Nilofar Jan left home to tend to their family’s apple orchard. Along the way they passed a gantlet of police camps wreathed in razor wire as they crossed the bridge over the ankle-deep Rambi River.

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Candace Feit

Nilofar Jan’s husband, Shakeel Ahmad Ahanger, left, with Nilofar’s father. Nilofar and Asiya Jan vanished on May 29. More Photos »

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Violence in Kashmir

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Candace Feit

A sister of Nilofar Jan, with Nilofar’s son, Suzain. Nilofar and her sister-in-law Asiya Jan were found dead this spring. More Photos >

Little more than 12 hours later their battered bodies were found in the stream. Asiya, a 17-year-old high school student, had been badly beaten. Blood streamed from her nose and a sharp gash in her forehead. She and her 22-year-old sister-in-law, Nilofar, had been gang raped before their deaths.

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Ikhwani camp shifted after 16 yrs

GK NEWS NETWORK August 24, 2009 Srinagar, Aug 23: The Ikhwani (pro-government gunmen) camp located near the Sadr police station on Nai Basti Road in the south Kashmir town of Islamabad has been vacated after 16 years following court orders. Established in early nineties with the eruption of militancy, a migrant house had been occupied by the pro-government gunmen for use at their camp. During the past 16 years, locals said, the camp was used as a Joint Interrogation Centre where civilians were subjected torture and, in several cases, even done to death. The camp was under the occupation of the pro-government gunmen, who were subsequently merged into the Territorial Army, but continued to operate from it. Locals said the Nai Basti camp was one of the three camps the pro-government gunmen had in the town. Another camp is located near the Khanabal bridge while the one in the Heewan Cinema houses the headquarters of the pro-government gunmen. Pertinently, Islamabad town was the bastion of Ikhtwanis (pro-government gunmen) after they started their activities in 1993. “During their heyday, hundreds of civilians were brought to the camps and subjected to physical and mental torture and even killed. For several years, they virtually ruled the area,” a resident, pleading anonymity, told Greater Kashmir. He said death warrants were also issued from the camp. However, a petition had been filed before the district and sessions judge, Sheikh Altaf, and following the court orders the camp has been shifted to army headquarters’ high ground where the pro-government gunmen will operate now.

Remembering Zakura, Tengpura massacres, 19 years later

will the history books someday record these alongside the Jallianwallah Bagh massacre? will they also record that the people who fought for their freedom from the British then turned around and denied that freedom to others?

Zakura, Tengpora carnages haunt survivors

Greater Kashmir March 1, 2009
1 March 1990, When Troopers Massacred 51 Unarmed Protesters

FAHEEM ASLAM

Srinagar, Feb 28: Memories of the carnages carried out by Army at Zakoora Crossing and Tengpora in the city outskirts 19 years ago are still fresh in the minds of the eyewitnesses and survivors of the tragedy. Fifty-one unarmed civilians were killed and dozens more injured when the Army soldiers fired indiscriminately on them on March 1, 1990.
It was the time when the entire Valley was demanding freedom from India and protesting against the atrocities of Jagmohan regime, that a procession of over 1500 protesters headed towards the Srinagar office of the United Nations to submit a memorandum seeking freedom from India.
Eyewitnesses, most of them shopkeepers at the crossing, said the protesters, clad in shrouds, were immersed in the din of Azadi (Freedom) slogans when a convoy of five Army vehicles led by three Junior Commissioned Officers was returning from Sonamarg to Srinagar but found the road blocked near the crossing.
They said three policemen, guarding the crossing, asked the soldiers to wait till the protesters pass. This led to a heated argument between the policemen and soldiers, they added.
“An Army official told the cops ‘give way or we’ll shoot you’,” the shopkeepers said. “Within minutes, the convoy turned towards the demonstration and the soldiers opened fire from three machine guns fitted over the vehicles.”
A survivor of the massacre, Muhammad Iqbal (name changed) of Zakoora, said 11 people died on the spot, and many more succumbed to their injuries on way to the SK Institute of Medical Sciences, Soura.
Iqbal said 26 civilians were killed and some 50 more injured in the incident, which is today remembered as the Zakoora massacre.
“The mayhem lasted for three hours. None from the civil administration came to the rescue of people,” he added.
Only the locals rushed there ferrying the injured to hospitals, said Ali Muhammad Mir, one of the eyewitnesses, insisting that the protesters had no clash or argument with the Army. “The firing was simply unprovoked,” he recounted.
Until recently, Mir said a 50-year-old survivor of the carnage, a deaf would often visit the tragic place as his son was one among the killed protesters. “But for the past two years, he too didn’t turn up,” Mir added.

Militant's brother tortured, killed by 51 RR

Greater Kashmir Feb 4, 2009

Militant’s brother killed in ‘custody’

AZIM JAN

Bandipore, Feb 3: Residents of Dewan in this north Kashmir district on Tuesday alleged that troopers of 51 Rashtriya Rifles killed a brother of a militant in custody last week.
Locals pleading anonymity told Greater Kashmir that Waleed Ahmad Bhat son of Ghulam Rasool crossed over to other side for arms training eight years back and didn’t return. They said during all these years troopers have been repeatedly torturing his family members on one or other pretext.
They said that recently 51-RR replaced the Jammu and Kashmir Light Infantry personnel, camping at a hilltop on Bandipore-Gurez Road. “The new unit after receiving information about Waleed, picked up his father Ghulam Rasool Bhat and his brother Ali Muhammad Bhat, 20, on January 29 for questioning,” they added.
The troopers released Ghulam Rasool Bhat after subjecting him to third degree torture on January 30, but detained his son.
Locals said the troopers handed over the body of Ali Muhammad to the family on January 31 and threatened them of dire consequences, if they disclosed the killing to anyone.
The family later buried the body in a local graveyard. “The troopers threatened the villagers not to register a case with police,” they added.
When contacted, the Superintendent of Police Bandipore, Sheikh Junaid, feigned ignorance about the matter. “Nobody has filed any complaint in this regard. If any such incident has happened police will look into it,” he added.

A

State terror as usual: Troops shoot youth; protestors booked under Public Safety Act

Greater Kashmir Feb 3, 2009

Troops kill youth in Kupwara

Police Registers Murder Case

SHAHID RAFIQ

Srinagar, Feb 2: Troops shot dead a youth in Kupwara district of North Kashmir yesterday. Fayaz Ahmad Mir (28), a resident of Zab village of Khurhama, was shot by the troops when he came out of his house to ease himself last night.
Sources said Mir, who had received three bullet injuries, was rushed to nearby hospital from where he was referred to Sher-e-Kashmir Institute of Medical Sciences (SKIMS), Soura, here, where he succumbed to his injuries late last night.
As soon as his body reached his residence this morning, thousands of people took to streets and staged a demonstration to protest the incident, the sources said.
Shouting slogans against the Army, protestors blocked the main road, demanding an inquiry into the incident and punishment to the erring personnel, the sources added.
Senior police and civil officers rushed to the scene and assured them that the incident would be looked into and those found involved would be brought to the book. The situation in the village was tense and senior officers were still camping in the area to maintain law and order.
However, an army spokesman denied the allegations of the locals and said the youth was killed when militants opened fire on an ambush party of security forces.
“Army has laid an ambush in the village when militants opened fire on the troops from a nearby hillock,” the spokesman said.
“It was the militant firing which left the youth dead,” the spokesman said.
However, the locals did not buy the Army version and said the troops killed the youth without any provocation.
“Fayaz was hit from a point blank range. We saw troops sitting on the same spot where Fayaz was hit by bullets. Three bullets had pierced his arms and chest,” Fayaz’s close relatives said.
Fayaz’s wife Tahira said in a broken voice, “My husband was innocent and has been killed in cold blood. I want the troopers to be punished.”
Police has registered a case FIR no. 03/09 under section 302 RPC.
When contacted, SP kupwara Uttam Chand told GK, “On the basis of the version of deceased’s father we have registered a case and the killing will be probed by a DSP rank police officer.”

Srinagar protester booked under PSA

MUHAMMAD YOUSUF

Srinagar, Feb 2: A day after SSP Srinagar warned the Srinagar youth of strong action against those who hold anti-Government protests in old city, the Government today booked a youth of Nowhatta for being ‘in contact with’ a dead militant under the draconian public safety act.
In the grounds of detention the Government said Ashiq Hussain Rangraiz, 24, son of Bashir Ahmad Rangraiz of Jamia Masjid has remained close associate of Noor Hussain, a slain militant of Harkat-e-Jehadi Islami. However the family ridicules the charge and says he was booked for lodging protest on Fridays.
The dossier prepared by the deputy commissioner Varmul, Baseer Ahmad Khan, says that Ashiq Hussain was close associate of Noor Hussain before the latter was killed. It says that Ashiq Hussain was providing information and transportation to the militants.
The family members say that he was arrested by the police in civvies on January 15. However, they said the Nowhatta police didn’t register their report about his arrest on the same day. Instead, they said, police in daily diary put the date of his arrest as January 17. They said they were informed that he has been shifted to Varmul joint interrogation centre. They said he remained in the joint interrogation centre and with 29 RR for five days.
On January 20, the family approached the District Judge Varmul, they said. The Court granted bail to Ashiq Hussain. Meanwhile, he was shifted to CIK Humhama and he was kept there for four days. On January 29, he was released. This time from police station Pattan. However next day the police phoned the family and asked them to bring Ashiq to police station for signing necessary documents. The family took Ashiq to police station. There they were handed over the order of Deputy Commissioner Varmul, Baseer Ahmad Khan, booking Ashiq under the PSA.
The brother of Ashiq says that his brother was booked under PSA for lodging protests on Fridays. He said his brother participated in protests during the land transfer controversy when the whole valley was on roads, and even political parties supported the cause at that time. “That is sole reason he was booked under PSA,” they he said.

Kupwara Massacre 16 years later

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16 yrs ago, troopers shot dead 27 civilians for observing strike on R-day

Locals demand reopening of case, punishment to accused SHAHID RAFIQ Greater KashmirＪａｎｕａｒｙ　２７ Kupwara, Jan 26: Troopers, who gunned down 27 civilians in this frontier district on January 27, 1993 for observing shutdown on R-day, continue to roam freely even after 16 years. The memories of the massacre are still fresh in the minds of people and they are waiting for the day when the perpetrators would be punished. On the fateful day, troops of 15 Punjab and Gharwal regiment opened indiscriminate fire killing 27 civilians in Kupwara market. After the incident, police registered a case and assured the residents that erring troopers would be punished. “There was no headway made after the case was registered. We are waiting for the day when killers would be punished,” said one of the survivors. The Traders Federation, Kupwara, on Monday held a prayer meeting to remember those who fell prey to troopers’ bullets. “We demand that case should be reopened and killers be punished,” traders said. Recalling the incident, the survivors told Greater Kashmir the troops fired upon people only to avenge the strike observed by shopkeepers on January 26. They said that the patrolling party of Punjab regiment had warned the shopkeepers on January 25 of dire consequences if they observed strike and didn’t celebrate the R-day. “As the shopkeepers opened their establishments on January 27, troopers opened fire from all the directions killing 27 people, including traders, policemen and officials. At 11 am the firing stopped. After unleashing death, troopers asked survivors to assemble in the ground and undergo an identification parade,” recalled a survivor. He said that no one was allowed to lift the bodies and take the injured to hospital. “A boy died in front of his father, who begged the troopers of 15 Sikh Li unit to allow him to take his son to the hospital. But troopers didn’t pay any heed towards his pleas.” Another survivor said that two days before the massacre, troopers had entered into a scuffle with policemen after a head constable of Jammu and Kashmir police rescued an old man from their clutches. “After the incident troopers warned the policemen of dire consequences,” the survivor said, adding that strike observed by the people on January 26 added fuel to the fire and troopers went on the killing spree next day. “The main target of Army’s firing squad was bus stand Kupwara and a police post on the old bridge. They mistook a forest guard Ghulam Muhammad Mir wearing Khaki uniform as policeman and shot him dead,” the survivor added.

Displaced familiies, land usurped by Indian army

200 Kanal land under troops occupation since 1990

Greater Kashmir Jan 20, 2009
50 families migrated to AJK, 30 living under avalanche threat

SHAHID RAFIQ

Kupwara, Jan 19: More than 200 kanal of proprietary land at Lashdut in this frontier district, comprising maize, pulse and potato fields besides apple and walnut orchards have been under the occupation of troops since 1990.
As a consequence, nearly 50 families were forced to cross over to AJK in 1990 and 30 other families are living temporarily at Kanyan, Doga and Kamkadi near the line of control under avalanche threat.
Before 1990, Lashdut was a peaceful village. Inhabitants of the small hamlet used to earn their livelihood through cattle rearing, growing food grains and vegetables. In January 1990, Grenadier Regiment occupied the land, and over the years army units, including 14 Raj Rifles, JAK riffles, Mahar regiment and several other units took control of the land. Presently, land is under the occupation of Rajput and 7 Para regiments.
“We were living happily and the main source of our sustenance was land and cattle. But in 1990, when the armed rebellion broke out in the state, army started harassing us and finally occupied the land forcing the villagers to migrate. The occupation has rendered us homeless and made our survival difficult,” said head of a displaced family wishing not be named.
The families alleged that scores of cattle had perished in the past 18 years due to landmine explosions. They said the land had been completely fenced by the troopers and their houses razed to ground. “Troopers have been using trees and furniture as firewood. We have not received single penny as compensation till date,” the villagers said, adding, “Since the day troops occupied our land we’ve not been allowed to visit our fields.”
“Only source of income for my family was my 20 kanal of land comprising walnut trees. But for past two decades, I have been deprived of my livelihood and the troops are using my land as helipad and the walnut trees have been chopped,” said a displaced farmer.
When contacted, the PRO Defence declined to comment on land compensation issue. “I can’t comment on this,” he said.
Officials at district development commissioner’s office at Kupwara told Greater Kashmir that the file had been sent to army’s district estates office, Varmul, for approval.

After the Amarnath land grab, deportations

Now the Indian state decides that it can deport Kashmiris as "foreign nationals" for visiting their relatives in Azad Kashmir forty years ago. I wonder if anyone has statistics on the creation of a Kashmiri population-in-exile over the six decades of Indian rule.

For visiting AJK at the age of 10, 55-year-old put on deportation list

Greater Kashmir January 5, 2009
NASEER A GANAI

Srinagar, Jan 4: In October 2008, Abdul Wahid Bhat, a resident of Khanyar in old city here, was relaxing in his home when policemen conveyed to him that he is on deportation list. He was asked to leave India in 15 days.
“I was shocked at first,” Wahid says. “My family is here, my children are here, relatives here and still I am told to leave Jammu and Kashmir, my birth place in 15 days. At this age where will I go? ” He asks.
In 1965, Abdul Wahid Bhat, then ten years old, along with his aunt went to AJK on a valid document. He said his aunt had children in AJK who had left Kashmir in 1947. He stayed there for three months. And soon, on September 5, 1965 India-Pakistan war broke out and continued till September 17, 1965.
During the war he had reached Wagah border to cross to India but he was pushed back. He stayed back in other Kashmir. His aunt died there. Later, he said, his father and mother traveled to AJK and brought him back here after he obtaining Pakistani passport for traveling to Kashmir.
Back home, he surrendered Pakistani passport before the Indian authorities and started living as a bonafide citizen of Jammu and Kashmir.
But in 1980, police registered an FIR under Foreigners Act against him in the police station Khanyar. Subsequently, in 1983 a challan was presented before the Court. He pleaded in the Court that he didn’t acquire Pakistani passport voluntarily. He faced the trial and after eight years, the Court acquitted him.
Wahid says for past 29 years he has run his family business and has not violated any condition of citizenship of being permanent resident of the state. He is also enrolled by the Election Commission of India as permanent resident of Jammu and Kashmir.
But still in October 2008, he was shocked when secretary Home Department Government of India through CID informed him to leave India and the Jammu and Kashmir state. “I went to Home Department but they didn’t handover the deportation order to me,” he says.
Forced by the circumstances he went to the High Court challenging the order of the Home Department through his counsel Mir Shafaqat Hussain. The Court has issued the orders to the state not to disturb the present status of Wahid. “Why I should be deported. I have my roots here and the Court has already acquitted me,” he says.

CSM article - India: Let Kashmir go

New Delhi's reluctance to let Kashmiris define their future – options include independence, division along communal lines, comanagement by both India and Pakistan, a UN trusteeship – butts against recent history demonstrating that "letting go" more than holding on benefits politically divided states. Witness the pacific and beneficial demise of the Soviet Union, Czechoslovakia, and Serbia/Montenegro.

India's future rests not on maturing Cold Start but becoming a 21st century economic power house. Hanging on to Kashmir does nothing to promote that goal. Letting go not only will benefit New Delhi's modernization by reducing the heavy military burden bad relations with Pakistan engenders, it also will allow Islamabad to redirect its military resources to the tribal areas benefiting Washington's position in Afghanistan.

Read the full article here