Srinagar: The State Human Rights Commission has asked the police to “expedite and complete” within six weeks inquiry into the custodial killing of a civilian at Kangan in central Kashmir’s Ganderbal district in 2003.
The directions were passed by the SHRC chairman Justice (Retd) Bilal Ahmad Nazki and followed perusal of a report by Senior Superintendent of Police that a correspondence have been made with 65 battalion of CRPF E-Coy, seeking particulars of some officials who have proceeded “on voluntary retirements” and who are to be examined regarding the incident.
The SSP said character and antecedents the deceased regarding his involvement or otherwise with militant organizations was also awaited.
“Statements of a few official witnesses are to be recorded as per the provision of U/S 164-A CRPC and also statements of the officers and other involved in the proceedings of the enquiry conducted U/S 176 CRPC are to be recorded,” the SSP said, adding, “Thus the investigation of the case will be brought to final conclusion-soon as the pending proceedings are completed.”
The civilian, Abdul Hamid Ganie was killed on 11th of September 2003 in Kangan and a petition in this connection was filed in the State Human Rights Commission by the brother of the slain, Abdul Rashid Ganie, and rights activist Mohammad Ahsan Untoo in 2013.
The SSP’s report that any affiliation or otherwise of the slain also belies the report submitted by the Dy. Sp Hqrs Ganderbal vide his letter no: Hqrs/crime/2017-406 dated 17-01-2017. “That case FIR no. 143/2003 U/S 307 RPC 7/27 IA Act of police station Ganderbal was registered on receiving a complaint from Sub Inspector Ashok Kumar no. 5905/NGO of police component Ganderbal to the effect that Police component Ganderbal along with 65 Bn CRPF apprehended one suspect namely Ab Rashid Ganie S/O Ab Rashid Ganie R/O Preng.”
The report further states: “During preliminary investigation, the said suspected admitted his involvement in subversive activities and his affiliation with HM outfit and as well as being close aide of Sajad Khan of Gutlibagh (HM divisional commander).”
“On his confession two hand grenades and four UBGL shells were recovered from hideout in Gultibagh forests. The suspected arrestee also confessed presence of Sajad Khan in a hideout at upper reaches of village Urpash. The party guided by the suspected arrestee proceeded towards the confessed location and on reaching the said location, militants opened fire on police party, the fire was retaliated and reinforcement of 5RR was called. The area was cordoned; a heavy gunfight took place in which the suspected arrestee (Ab Hamid Ganie) got killed.”
Meanwhile Abdul Rashid Ganie, brother of Hamid, lodged a written complaint in Police Station Kangan to the effect that “STF personnel kidnapped his brother and killed him.” The report says custodial killing in the case was verified. Thereafter, the SHRC ordered reopening of the case.
“Statement of some new witnesses has been recorded and correspondence has been made with 5RR/65Bn CRPF to ensure the presence of eyewitness for recording their statement,” the report submitted by police to SHRC reads.
Stating further, the report reads, “The latest correspondence made with 5RR/65Bn CRPF vide letter no: Hqrs/crime/2016/3780-84 dated 29-05-2016 in which CO 65 Bn CRPF has been requested to ensure presence of Head Constable (HC) Madan Lal and HC Jamailkar of E-coy 65Bn, who had participated in the operation, so that their statements are re-recorded and investigation of the case is closed on merits.”
“In reply, the 5RR stated that after carrying out a detailed check of all records, no details of the subject case are available with the said unit. However the reply from 65 Bn CRPF is awaited. The investigation of the case is going on and is presently under investigation with Dy. SP Hqrs Ganderbal.”
