South Asia Human Rights Journalist Association

Srinagar, July 27, 2012: The Human Rights Commission of Jammu and Kashmir, taking a suo motu cognizance of custodial killing of a youth by Indian troops in Bandipora, has asked the Director General of Police and the Deputy Commissioner of Bandipora to file reports.

The Commission admitted a media report about the killing of 19-year old Hilal Ahmad Dar Aloosa, Bandipora by army in a fake encounter as a complaint and issued notices to DGP J&K and Deputy Commissioner of Bandipora to file their reports by the next date in the case on August 22.
Indian troops of 27-Rashtriya Rifles and 5-PARA personnel killed 19-year-old boy Hilal Ahmed Dar S/o Ghulam Mohiuddin Dar of of Lahipora Aloosa Ajas in Bandipore in a fake encounter Tuesday evening at Sahil Halmathpoa -Ashtengoo Naar area in Aloosa in Bandipora district.

Protests strike against the killing was held in Bandipora district from July 25 to July 27 while complete shut down against the killing of Hilal Ahmad Dar was observed in Kashmir valley on 28 July 2012, as the world community should take notice the gruesome situation of Kashmir.

“An FIR (143/2012) under section 302 (murder) of the Ranbir Penal Code (RPC) has been registered in Bandipora police station against the Indian army personnel belonging to 27 RR and 5 PARA”, a senior police official said. He said that the victim was innocent as he was never involved in any unlawful activity and militancy.

Taking suo moto cognizance of killing of a youth by Army in Bandipora, the Human Rights Commission of Kashmir has asked Director General of Police and Deputy Commissioner Bandipora to file reports on the matter.

Taking notice of reports appearing in newspapers, the members of the commission Javaid Kawoos and Rafiq Fida, have admitted the killing of Hilal Ahmad Dar of Aloosa Bandipora by Indian Army personnel, in a fake encounter, as a complaint and instructed the commission office to diarize the case and has asked Director General Police (DGP) and Deputy Commissioner Bandipora to file reports in the regard by the next date of hearing in the case.

“Prima facie, the news item discloses violation of human rights. A suo moto cognizance in the matter is taken. Office to diarize and admit the same as a complaint,” reads an order of the HRC communicated vide No. SHRC/217/2012 dated 27/07/2012.

The Commission has directed for issuance of notices to DGP J&K and Deputy Commissioner Bandipora to file their reports by the next date in the case on August 22.
According to villagers and the youth's family, Hilal had left the village mosque after the Ramzan 'Tarawi' evening prayers Tuesday when he was shot by Indian army forces. He worked for a cement factory in Srinagar city. "He was working in a cement factory in Srinagar and had come home six days back. He was not involved in militancy at all," Hilal's father Ghulam Mohiuddin Dar said. Residents of Aloosa and Ashtangoo said that they heard heavy firing in the Sahil Halmathpoa last night. “We came to know in the morning of July 25, 2012 that a civilian Hilal Ahmed Dar S/o Ghulam Mohiuddin Dar of Aloosa was killed in the firing,” they added. Police Officer said that they have recovered an identity card from the pocket of the deceased named as Hilal Ahmed Dar son of Ghulam Mohiuddin Dar of Aloosa.
Locals protested on Wednesday the killing of a youth by Indian army said the troops of killing Hilal Ahmed Dar, 20, in cold blood on Tuesday night at Ashtengoo-Naar area of Bandipora district.

"He was even tortured before killing. He had torture marks all over his body," he said. A son of a mason, Dar has four sisters and two brothers. "He was caught and then shot from point blank. There are torture marks on his body also,'' said Abdul Rashid, a villager.

“Every now and then, innocent youth are being killed by army. These troopers must be made accountable. They do what they like as the government of India has given them a free hand”, Ghulam Mohiuddin Dar, father of victim said. . “We know what happens after government sets up these enquiries. Who was punished for killing innocents in Machil fake encounter? What happened to the rape and murder case of Shopian women,” said a local resident of Bandipora.

Meanwhile, taking strong exception to reports and photographs carried in local newspapers on July 25, 2012, wherein a policeman was shown apparently outraging the modesty of a woman who was protesting against lack of civic amenities in Srinagar city’s Batamaloo area or anti-people policies of the regime in Batamaloo area of Srinagar, the Commission asked the Director General of Police and SSP Srinagar to file a report in this regard besides disclosing the identity of the policeman shown in the photographs.

“It appears that the administration and particularly the police officers/officials concerned, equipped with sophisticated weapons were not dealing with the fair sex but were overpowering some notorious goon or as if they had to combat a militant”, the Commission members said in the order. The order further criticizes the police for using disproportionate force in tackling a minor law and order problem resulting in unconsciousness of the lady. It has also castigated the police for failing to use the services of lady police officers while dealing with the fair sex.

While taking suo moto notice of the matter, the Commission said, “The newspaper reports and photographs prima facie disclose violation of human rights, especially that of women. As such this Commission is taking suo moto cognizance in this matter.”

“The SSP Srinagar will, in addition, disclose the identity of the police official who is shown in the photographs prima facie outraging the modesty of the woman in the garb of so-called maintenance or law and order and dispersing of agitators,” reads the order.
The Commission has listed the case for August 6, 2012, before its Single Bench.