annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Jammu and Kashmir
at least 18 persons at the request of the
Hurriyat Conference. 22 In August 2004, the
Jammu and Kashmir High Court directed
the police to register a case into the
enforced custodial disappearance of
Muhammad Maqbool Bhat and Naseer
Ahmad Dar who were allegedly arrested
by the Central Reserve Police Force from
Batamaloo 14 years ago. 23
In February 2004, many villagers
were reportedly taken as labourers by the
security forces to work on the fencing of
LoC in Karnah sector. However, Ghulam
Mohamad Bhat and Ali Mohamad Bhat,
both sons of Abdul Khaliq Bhat, residents
of Reshi village in Chowkibal and Sirajud-Din
of Filimarg village in Kupwara
district did not return. The security forces
also did not offer any explanation for their
apparent disappearances. 24
On 4 May 2004, demonstrations were
held to protest the alleged disappearance
of a 32-year-old Mohammad Shaban, son
of Wali Mohammad of Haripora Village in
Handwara town in Baramulla district after
some persons in civvies allegedly picked
him up a few days earlier. He was
reportedly taken in a vehicle bearing
registration number JK-01F 9686. 25
At about 11.30 pm on the night of 16
June 2004, Mohammad Latief Michal, a
resident of Hardushiva-Sopore allegedly
disappeared after being taken into custody
by security forces. 26
ii. Arbitrary, summary and extrajudicial
executions
The central security forces, Jammu
88
and Kashmir para-limitary forces like the
Special Task Force (STF) and Special
Operation Groups and vigilante group,
Ikhwanis, continued to be responsible for
arbitrary deprivation of the right to life.
The security forces also reportedly used
civilians as “human shields” during
cordon and search and other counter
insurgency operations. The villagers were
reportedly forced to go ahead as “Road
Opening Party” for clearing the mines and
other explosives without any equipment
and help from the army. Those who die in
cross fires were allegedly labeled as
“militants”. 27 Strangely, National Human
Rights Commission did not register a
single case of custodial death in 1999-
2000 and 2001-2002. It registered only 1
case of death in judicial custody in 2000-
2001. NHRC also did not register a single
case of custodial death either in police,
judicial or armed forces’ custody in 2002-
2003. 28
In December 2004, the Delhi High
Court in a writ petition for protection of
life by constable Subash Rathod of the
42nd Battalion of the Border Security
Force posted at Jammu and Kashmir
sought explanations from the government.
Constable Rathod alleged that his unit
Commandant Narender Singh had been
harassing him for disclosing the
extrajudicial execution of a Kashmiri
youth by Singh in a fake encounter on the
intervening night of 7 and 8 September
2003 in Nakbal sector of Budgam district.
Mr Singh allegedly attempted to kill the
petitioner in a bunker in February 2004. 29