SC Tells Centre to Consider Enacting Law on Exhumation of Bodies

The court’s suggestion came while dismissing the plea of a man in Kashmir seeking to exhume the body of his son, who was killed in an encounter and to permit the family to conduct his last rites at the same graveyard.

New Delhi: The Supreme Court on September 12 asked the Centre to consider enacting an appropriate law on exhumation while observing that the right to live a dignified life is not only available to a living person but also to the dead.

Noting that very few countries have legislations on exhumation, a bench of Justice Surya Kant and J.B. Pardiwala said India had no separate law other than Section 176(3) (authority for exhumation) of the CrPC.

Whenever there is a suspicion of foul play like homicide, criminal abortion, disputed cause of death, poisoning, etc., exhumation may be carried out for the purpose of postmortem examination.

“We take notice of the fact that India has no legislation relating to exhumation except Section 176(3) of the CrPC. One such legislation available is in Ireland under Section 46 of the Local Government (Sanitary Services) Act, 1948 as amended by Section 4 (2) and the Second Schedule of the Local Government Act, 1994.

“The Union of India may consider enacting an appropriate legislation on exhumation so as to tackle the situations like the one on hand,” the bench said.

The court’s suggestion came while dismissing the plea of a man in Kashmir seeking to exhume the body of his son, who was dubbed a terrorist and killed in an encounter in November 2021 and to permit the family to conduct his last rites at the same graveyard.

Observing that the exercise of fundamental rights is not absolute but must give way to the maintenance of public order, morality and health, the top court said after a body had been buried, it was considered to be in the custody of the law, therefore, disinterment was not a matter of right.

The apex court’s judgment came on a plea filed by Mohammad Latief Magrey seeking the exhumation of the body of his son Aamir Magrey.

(PTI)

ASI Killed, Two Constables Injured in Terrorist Attack in Srinagar

Assistant sub-inspector (ASI) Mushtaq Ahmad was killed while the two constables, Fayaz Ahmad and Abu Bakar, were injured in the attack.

Srinagar: A Jammu and Kashmir police officer was killed and two others injured when terrorists attacked a police team on the outskirts of the city on Tuesday, officials said.

The incident happened around 7:15 pm, when the terrorists fired upon the police naka at the Lal Bazar area, the officials said.

They said an assistant sub-inspector (ASI) Mushtaq Ahmad was killed while the two constables, Fayaz Ahmad and Abu Bakar, were injured in the attack.

The injured cops were rushed to a hospital.

“ASI Mushtaq Ahmad #succumbed to his injuries & attained #martyrdom. We pay rich #tribute to the #martyr for his supreme #sacrifice made in the line of duty. Other two injured personnel are being treated. Further details shall follow,” Kashmir Zone Police wrote on Twitter.

Kashmir: Four Terrorists Killed in Two Separate Encounters

One of the terrorists killed in the Kupwara encounter was identified as a Pakistani affiliated with the proscribed Lashkar-e-Taiba, the police said.

Srinagar: Four terrorists were killed in two separate encounters with security forces Sunday in Jammu and Kashmir’s Kupwara and Kulgam districts, police said.

While two terrorists were killed in Kupwara as many were eliminated in Kulgam, they said, adding some more terrorists are hiding and operation was still underway in both the areas.

One of the terrorists killed in the Kupwara encounter was identified as a Pakistani affiliated with the proscribed Lashkar-e-Taiba (LeT), they said, adding the identity of the second was being ascertained.

Police said the Kupwara encounter started after the forces launched an operation in the Lolab area of north Kashmir on the instance of an arrested terrorist, Showket Ahmed Sheikh.

During the search of the hideouts, the hiding terrorists fired upon the force personnel who retaliated, in which one terrorist was killed, the Kashmir Zone Police said on Twitter.

Inspector general of police Vijay Kumar said the killed terrorist has been identified as a Pakistani, linked with the LeT terror outfit.

The IGP Kashmir tweeted, “2-3 more #terrorists alongwith arrested terrorist trapped in ongoing #encounter.” “The arrested terrorist also got trapped,” the police said.

Later, police said one more terrorist was killed in the Kupwara encounter. Heavy exchange of fire was going on, they said.

The police said the site of the second encounter was in the Damhal Hanji Pora area of Kulgam in south Kashmir.

They said two terrorists were killed in the exchange of fire so far.

IGP Kumar said one of them was affiliated with the LeT, while the other was with the Jaish-e-Mohammad (JeM) outfit.

“So far, 02 killed #terrorists identified as Haris Sharief of #Srinagar (LeT C category) & Zakir Padder of #Kulgam (JeM C cat). #Operation in progress, the IGP said on Twitter.

Kashmir: Hizbul Mujahideen Commander Killed in Anantnag Encounter

Three soldiers and one civilian sustained injuries in the exchange of fire.

Srinagar: A self-styled commander of the Hizbul Mujahideen outfit was killed while three soldiers and a civilian were injured in an overnight encounter in the Anantnag district of Jammu and Kashmir, police said on Saturday.

“Terrorist Commander of proscribed #terror outfit HM Nisar Khanday killed. #Incriminating materials, #arms & ammunition including 01 AK 47 rifle recovered. #Operation in progress,” Inspector General of Police, Kashmir, Vijay Kumar tweeted.

The encounter began on Friday evening in the Rishipora area of Anantnag, a police spokesperson said.

He said three soldiers and one civilian sustained injuries in the early exchange of fire with the militants.

“All the injured were immediately airlifted to 92 base hospital Srinagar for treatment and are stated to be stable,” the spokesperson said.

J&K: Woman, Daughter Held for ‘Anti-National’ Slogans, Questioning Cops’ Version of ‘Encounter’

According to the police, the two women were identified on the basis of several videos that have gone viral in which they can be seen “questioning the authorities” on the killings of alleged militants in the region.

Srinagar: A woman and her young daughter were arrested by the Jammu and Kashmir police on Tuesday, December 14 for holding protests and raising “anti-national” slogans following a brief shootout in Srinagar on Monday in which two militants were killed.

The arrest of the duo has drawn condemnation from different quarters in the Kashmir Valley, with former chief minister Mehbooba Mufti accusing the authorities of pushing the people to a wall instead of reaching out to them. Mufti said that by arresting the women, the Kashmir administration had reached “a new low”.

Peoples Conference chairman Sajad Gani Lone said arresting two ladies for merely protesting is highly condemnable. ” It is extremely suffocating to live in a place where the government’s sword is perpetually hanging over our heads, ” Lone said.

Arrests and protests

The women, identified as Afroza, wife of Ashiq Ahmad Sofi of the Wanabal locality of Rangreth in Srinagar and her daughter Ayesha were arrested for protesting in their locality on Monday and have been lodged at the women’s police station Rambagh.

The police’s version of the incident is that they had killed two Lashkar-e-Toiba militants in a chance encounter in Rangreth and that, as per their records, both the slain individuals had been involved in several terror crime cases and civilian atrocities and had even played a role in a number of recent killings in Srinagar city

Locals, however, told The Wire that they police arrived at their residence Tuesday morning to take them into custody. “Why should they be jailed for a mere emotional outburst? What is their crime? They are not militants or over-ground workers.  Such actions only lead to alienation and anger among the local population,” an elderly man, wishing not to be named, said.

He also said the government should take a lenient view in the matter and release them.

The two women have been booked under FIR number 209 lodged at the Saddar police station under Indian Penal Code’s sections 147 (punishment for rioting), 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly, guilty of offence committed in prosecution of a common object) and 326 (voluntarily causing grievous hurt by dangerous weapons).

On Monday, after police claimed to have killed two militants after a brief gunfight in the area, the women came out of their homes and staged protests while young men of the area clashed with police.

In several videos, which have gone viral on social media, women can be seen shouting pro-freedom slogans and questioning police claims.

In one such video posted by Twitter handle ‘JKUTNEWS1′, Aisha can be seen telling reporters that innocent people are being killed in Kashmir and they won’t accept officials’ claims over such killings. “My brother is studying in  class 10. If he is killed tomorrow, would we accept that he is a militant?” she asked the reporters who rushed to the area after the shootout.

“Was Athar a militant? Even his body was not given to his family (for burial),” she reportedly said.

Sixteen-year-old Athar Mushtaq of Pulwama was killed in a controversial gunfight in Lawaypora, Srinagar in December 2020. He was buried in a remote graveyard in the Sonamarg area of central Kashmir’s Ganderbal district and his family is still waiting for his mortal remains to be returned.

In another video, 15-20 women can be seen shouting slogans like, “Hum kya chahte? Azadi…Chheen ke lenge – Azadi”. These are popular pro-freedom slogans and translate to, “What to we want? Freedom. We will snatch it – freedom.”

A police official said the two women were identified on the basis of these very videos.

“They have been arrested and further investigation is underway in this case,” the police official said, adding that they “tried to spread misinformation about the gunfight which created law and order problems.”

This is the second time when women have protested in Srinagar over “gunfights”, the first coming after the controversial Hyderpora shootout in November in which four persons were killed.

Also read: Srinagar Encounter: Eyewitnesses Say Civilians Were Used as ‘Human Shields’; Probe Demanded

A group of women had staged protests on November 24 in the Rambagh area after the shootout, in which police claimed to have killed listed militants.

Some of the protesters had alleged that the militants were pulled out of the car and then killed, others said that they were denied medical aid.

Women under UAPA

In recent years, women in Kashmir have also booked under the Unlawful Activities Prevention Act (UAPA), 1967, a stringent anti-terror law.

In April this year, Saima Akhtar, a special police officer (SPO) was booked under the UAPA and disengaged from service after a video went viral in which she is seen shouting at forces for repeatedly searching her house.

The police booked her for “glorifying militancy and obstructing government officials on duty.”

In 2020, the mother of a militant who was killed in a gunfight with forces in south Kashmir two years ago was booked under the UAPA

Naseema Akhtar, a resident of Rampur in the Qaimoh area of Kulgam district, was arrested for “recruiting two militants” and “arranging arms and ammunition, communication and logistics” for them.

Srinagar Encounter: Eyewitnesses Say Civilians Were Used as ‘Human Shields’; Probe Demanded

Meenakshi Ganguly, South Asia director of Human Rights Watch, said it was the “responsibility of security forces to keep civilians from harm during an armed operation, not to place them in harm’s way.”

Srinagar: Human Rights Watch (HRW), the international rights advocacy group headquartered in the US, has sought a “credible and independent” probe into the allegations that a civilian was used as a human shield during a shootout in Srinagar’s Hyderpora locality.

Meenakshi Ganguly, South Asia director of HRW, said it was the “responsibility of security forces to keep civilians from harm during an armed operation, not to place them in harm’s way.”

“The authorities should immediately order a transparent, credible and independent investigation into this incident,” Meenakshi told The Wire.

The killing of businessman Altaf Ahmad Bhat, father of three minor children, in a controversial shootout that left four people dead in Srinagar, has sparked allegations that he was used as a human shield by security forces.

In a conflict situation, the Geneva Conventions, to which India is a signatory, forbid the use of human shields who can be either civilians or prisoners of war. A human shield is used by any side involved in a conflict in a potentially life-threatening situation to achieve their own military objectives.

According to Doctors Without Borders (MSF), a French non-profit which works in conflict zones, including Kashmir, the use of civilians “to shield military objectives or operations” is a violation of international humanitarian laws.

“Such acts are clearly established as war crimes under international humanitarian law. Many categories of persons are specifically protected by humanitarian law, such as civilians, the wounded and sick, prisoners of war, and medical personnel,” the MSF notes.

Also Read: As Civilian Victims’ Families Contest Official Version, J&K Police SIT to Probe Encounter

Eyewitnesses accounts

Eyewitnesses and family members who spoke with The Wire said a search team of security forces led by the J&K police asked Altaf, owner of the shopping complex in Srinagar’s Hyderpora locality where the shootout took place, to accompany them when they started the anti-militancy operation.

A statement issued by the J&K police also admitted that Altaf was taken along by the security forces. It said the anti-militancy operation was launched along with the Army’s 2 Rashtriya Rifles and the CRPF following “specific police inputs” about the “presence of terrorists” in the shopping complex.

“If security forces knew there were militants inside the building, why did they ask my brother to accompany them? They deliberately put him in harm’s way. He was used as a human shield,” Altaf’s brother, Abdul Majid Bhat, told The Wire, dismissing rumours that his brother was linked to militancy.

Majid’s claim has been corroborated by several eyewitnesses who saw the happenings at the shopping complex when the search unit started the operation on Monday at around 5:30 pm.

Two eyewitnesses who spoke with The Wire on the condition of anonymity, disclosed that when the search unit arrived, counterinsurgency forces in the civvies were already deployed in the area, “They asked the traders to down their shutters while other forces laid a cordon around the complex,” said an eyewitness.

Security forces then assembled the traders and their workers in a two-wheeler showroom housed in the shopping complex and seized their mobile phones. As the cordon was tightened, the search unit attempted their first entry into the complex.

A member of the security forces during an encounter with militants at Hyderpora, in Srinagar, November 15, 2021. Photo: PTI /S. Irfan

“Altaf was closing his shop when they (jawans) asked him to accompany them while they searched the shopping complex. He obliged without any resistance,” said the eyewitness, who didn’t want to be named for the fear of reprisal by security forces.

After some time, the eyewitnesses said, Altaf and Dr Mudasir Gul, the second civilian killed in the shootout, walked out of the complex along with the security forces. “Altaf and Mudasir were asked to remain on standby outside the showroom. Some 30 minutes later, they were again taken into the complex after which there was firing. There is CCTV footage which can prove this,” another eyewitness said.

Inspector general of police (Kashmir) Vijay Kumar told reporters that Altaf and Mudasir, accompanied by security forces, knocked on the door of the room on the top floor of the shopping complex where the suspected militants were believed to be hiding, a potential violation of the Standard Operating Procedure. The Wire tried reaching the IG for his comment but he didn’t respond. This story will be updated if and when he responds.

A J&K police spokesperson said the suspected militants “started firing indiscriminately towards the party which was retaliated. However, in the initial exchange of fire, both the individuals (Altaf and Mudasir) accompanying the search party received critical gunshot injuries and succumbed to their injuries.”

‘Illegal’ says lawyer

Habeeb Iqbal, a human rights lawyer based in south Kashmir, said the statement of the J&K police suggests that Altaf was asked to accompany them when the “possibility of a gunfight was high”, which is “illegal.”

“Civilians can’t be used as human shields. This is irrespective of the fact whether the civilians are used voluntarily or involuntarily. These prohibitions are contained in the various instruments of international humanitarian law as well in the general laws,” Habeel said.

The J&K police claimed to have killed a suspected Pakistani militant and his alleged local associate, Aamir Lateef Margay, during the shootout. However, eyewitnesses claimed to have seen Aamir, a resident of Ramban’s Gool area who was working as a helper at the office of Dr Mudasir, leaving the complex when the search operation started.

“He was frisked by cops who asked him to hand over his phone. However, he told them that he was not carrying a phone and left the building,” said the second eyewitness.

Former J&K chief minister Omar Abdullah said on Wednesday that the police’s admission that the two businessmen were used to “knock on doors” of the militant hideout suggests that there were not militants. “They are civilians who died because they were put in harms (sic) way,” he wrote on Twitter.

“To vilify them as militants or OGWs is bad enough but to take the bodies away & forcibly bury them in North Kashmir is a crime against humanity. The bodies must be returned to the families so they can be buried. It’s the only just thing & it’s the only humanitarian thing to do,” Omar said.

The families of Altaf and Dr Mudasir staged a protest in Srinagar’s Press Enclave on Wednesday evening, demanding that the police must return their mortal remains so that they could perform the last rites. Despite freezing cold conditions, the families, which included the wife and one-year-old daughter of Dr Mudasir, were planning to continue the protest through the night.

“We don’t want justice. We only want the body of my brother. We want to get a glimpse of his face and give him a decent burial close to his home so that we can visit his grave and pray for him,” Majid, Altaf’s brother said.

J&K: Army Jawan Killed in Encounter With Militants at Rajouri

Rajouri SP Sheema Nabi Qasba told PTI that the encounter is still going on.

Jammu: A Junior Commissioned Officer (JCO) of the Army was killed in an encounter in Jammu and Kashmir’s Rajouri district on Thursday, a Defence spokesperson said.

Security forces had launched a search operation in Thanamandi belt following inputs about the presence of militants there, a police official said.

The search operation turned into an encounter after they opened fire on the forces, who retaliated, the official said.

“One JCO of the Rashtriya Rifles had suffered bullet injuries in the encounter. The JCO was immediately evacuated to the nearest medical facility, but he succumbed to the injuries,” said Defence Public Relations Officer (PRO), Jammu, Lt Col Devender Anand.

Rajouri SP Sheema Nabi Qasba said the encounter is still going on.

This is the second encounter in the area in August this year.

One August 6, two Lashkar-e-Taiba (LeT) terrorists were killed in an encounter with security forces in Thanamandi belt.

Withdraw ‘Draconian’ J&K Advisory Barring Journalists from Encounter Sites: Editors Guild

“…[this] is an attempt by the security forces to escape from any kind of media scrutiny about the flow of events behind the violence.”

New Delhi: The Editors Guild of India (EGI) has said the Jammu and Kashmir police’s advisory barring journalists from reporting from encounter sites is “draconian” and “undemocratic”, and must be withdrawn immediately.

While the police claim this is to stop the spread of further violence and that reportage from encounter sites can lead to “anti-national sentiments”, the EGI believes “nothing can be further from the truth”.

As The Wire has reported, the advisory had led to tensions among Kashmiri journalists, who already face severe threats and intimidation on a regular basis.

Read the EGI’s full statement below.

§

Editors Guild of India demands withdrawal of Kashmir Police’s advisory forbidding journalists from reporting live encounters with militants on the specious plea that it is “likely to incite violence” or that it can promote “anti-national sentiment”. Nothing can be further from the truth. Visibly, the police is giving an impression of trying to maintain peace by attempting to control the fallout of violence in a high strung environment, but what is being instead done is an attempt by the security forces to escape from any kind of media scrutiny about the flow of events behind the violence.

Live reporting from conflict areas, including encounters between security forces and militants, is one of the most important journalistic duties of any responsible media, and requires extreme grit and determination on the part of reporters. At best, there may be some guidelines that can be issued with respect to reporting from such scenes, with the aim of protecting the integrity of tactics and plans of security agencies, as well as to avoid journalists from interfering with the evolving situation and from sensationalising the issue that can stir up emotions at audience’s end. Globally those have been the norms adopted by responsible governments.

In this respect, the advisory of Kashmir Police is draconian and undemocratic, and flies in the face of the stellar role journalists have played in reporting conflict in the country. Therefore the advisory must be withdrawn immediately.

As Violence Surges in Kashmir, a Trail of Shattered Families

For policemen and militants’ families alike, the recent uptick in violence has made it clear that there is no end to their suffering.

Across Kashmir Valley: Abdul Salam Najar was pouring himself tea at his home at Kheerigund village in Budgam district of central Kashmir on February 19 morning when he heard about his son’s demise. “It was almost as if the sky fell crashing upon me,” he told The Wire.

Four years ago, his son Muhammad Altaf, then 20, had graduated from high school and – intent upon doing something about his family’s economic situation – decided to enlist with the J&K police.

According to Najar, at midnight on February 18, Altaf – accompanied by Manzoor Ahmad, another policeman – embarked on a search operation at Zanigam village in Beerwah over 30 kms away, looking for militants.

Suddenly, attackers sprang out of nowhere and sprayed Altaf and Ahmed with a flurry of bullets before escaping in the dark. While Ahmed survived the attack, Altaf succumbed to the injuries.

On the same day, militants opened fire on two more policemen at Barzulla, an upscale locality in Srinagar, killing both of them. In Shopian, forces shot dead three militants affiliated with al-Badr group during an overnight gun battle that continued intermittently till the morning.

Just two days before Friday’s bloodshed, militants had resurfaced in Srinagar and shot at 22-year-old Aakash Mehra, a restaurant owner’s son in what turned out to be the second such attack this year targeting non-locals residing in or doing business in Kashmir.

With summer around the corner, Kashmir valley is witnessing an escalation of violence, leaving a trail of human suffering and prompting police to amp vigil and the security blanket around the region.

On Saturday, Kashmir’s top police officer Vijay Kumar chaired a meeting with several other high-ranking officials.

In an official statement, J&K police said it will double down with a range of security measures and intensify “close watch on anti-nationals”.

In an interview with reporters, Kumar had recently cautioned mainstream leaders against “instigating people”.

“No matter how big a leader, we have prepared dossiers and are bringing every activity on the record,” he was quoted saying. “If anyone raises anti-India slogans or talks about secession, the Act will be invoked,” he reportedly said, referring to the Unlawful Activities (Prevention) Act.

Also read: ‘Just a Cricket Match’: 10 J&K Men Booked Under UAPA For Playing in Memory of Slain Militant

Worsening security situation

During the last one year, the security situation in Srinagar city has seen significant deterioration. According to Kashmir OSINT, a conflict tracker using open source investigation to map violence in J&K, there have been 10 gunfights and 24 attacks in the city between January 2020 and February 19, 2021. In the same period, almost nine members of armed forces and four civilians were killed while seven youth were recruited into militancy.

Experts, though, have refused to call it a “surge” and insist that it is a blip in the overall trend of declining militancy in J&K. “There were just a few incidents. The overall trend is that of a dwindling militancy,” Ajai Sahni, a terrorism expert and director of Institute of Conflict Management, New Delhi, said.

Security personnel search a shop while conducting a Cordon and Search Operation (CASO) at Baghat Chowk, at Baghat Chowk, after three unidentified militants and three policeman were killed in three separate encounters in Srinagar, Budgam and Shopian districts Jammu and Kashmir, in Srinagar, Friday, Feb.19, 2021. Photo: PTI

However, data revealed by the Director General of Central Reserve Police Force A.P. Maheshwari, quoting a Ministry of Home Affairs report, shows 2020 was, again, a violence-marred year, with 111 reported incidents of exchange of fire between militants and forces compared. The number was 77 in 2019 and 103 in 2018. There were also more grenade attacks by militants in 2020 (37) than in 2019 (16) or 2018 (27).

Najar told The Wire that on February 21, SSP and SP-level officers visited the family. The station house officer of the local police station had visited earlier. “My son came home dead nearly after a month. He was as white as snow when I took him in my arms. He seemed to have lost all of his blood. I believe that had he been taken to the hospital on time, he would have been saved,” Najar said.

Cries punctuated talk in a room of women mourners. “He was better off as a labourer,” a woman muttered through her tears on her way out.

Also read: ‘Now I Have Nothing’: Families of Kashmiri Men Killed in ‘Encounter’ Reject Army’s Claims

Another family

Over 45 kms away at Shopian’s Chak Sangran village, the family of Mudasir Ahmad Wagay (26) was struck by grief as well. Of the three militants killed in the Shopian gunfight, Wagay had joined ranks only three days ago.

Police have identified the other two as Suhail Sheikh of Turkwangam, Shopian and Shahid Dar of Samboora, Awantipora. “Repeated announcements were again made to hiding terrorists to surrender, but the terrorists fired indiscriminately on security forces which was retaliated resulting in elimination of all the three hiding terrorists,” a police release said.

A school dropout and the youngest among four siblings, Wagay had left home on the evening of February 15 on the pretext of buying groceries. At around 8 pm, his elder brother, Fayaz Ahmad, dialled his number to ask where he was, but his phone was off.

He continued calling on the number in vain throughout the night. There was no trace of him.

The next morning, a friend of Wagay’s called Ahmad and told him that Wagay had left a message for the family. “My brother had told him to ask us not to search for him,” Ahmed told The Wire.

Sitting inside a semi-dark room filled with mourners from nearby villages, Ahmed said they went to the nearest police station, Imam Sahib Shopian, some three kilometres away, to report his disappearance.

After two days, late in the evening, an unknown number flashed on Ahmed’s phone. First, he thought it might be from an Army officer, asking him for an update on his brother. He had already fielded various calls in the last two days from them. But, when the phone rang the second time, he answered.

It was Wagay on the other side. “Baijan it’s me…Mudasir,” Ahmed recalled hearing.

“For a few seconds I couldn’t understand who it was…because I was so agitated,” said Ahmed. But after a few seconds, he dissolved in tears.

“We were trapped. They have installed lights and cordoned off the area. We have no way to escape,” Wagay told Ahmed.

Like every family in the Valley, Ahmed was stuck in a state of helplessness. He begged Wagay to surrender. But he was not one to listen. “I did not call you to listen to such things from you. I need your prayers and forgiveness,” Wagay said, hanging up.

Fayaz Ahmed, 45 shows a picture of his younger brother, Mudasir Ahmed who was killed in a gunfight with forces in Shopian. Photo: Kaisar Andrabi

A funeral

Authorities said they buried the bodies of three militants in a remote mountainous graveyard, in northern Kashmir’s Sheeri area of Baramulla, around 130 kms away from their slain militants’ native village. This is part of a policy introduced last year – which has since fed further to the anger of Kashmiris – of not handing over the bodies of militants to the families.

J&K authorities say the policy is aimed at stopping the spread of the coronavirus, but many activists claim that the government ignores such protocols for its own fallen combatants. For instance, the policeman Altaf’s family confirmed they received his body to conduct last rites.

Like scores of families, Wagay’s family too accepted the policy without much resistance. Resigned to the situation, they drove to Police Control Room (PCR) Srinagar for a last glimpse of him.

The relatives and friends of the other two militants trailed police vehicles and reached Sheeri Baramulla to participate in the last rites. “Around 300 people were in their funeral and later, we laid them in unmarked graves. The funeral took place in the courtyard of the police station under their surveillance,” said Ahmed.

Wagay’s story is consistent with that of many other young men in Kashmir, if not all, whose resentment towards the administration is fuelled by heavy-handed policing before becoming a cause for their entry into militancy.

According to Ahmed, Wagay may have been deeply disturbed by the anger he felt over the killing of protesters during the 2016 civil uprising in which he too was a participant. He was booked by the police in a stone pelting case. “He was too young to understand the gravity of the situation. And now we have lost him,” Ahmed said in tears.

Also read: Police Officer Shot Dead in Anantnag Was the Sole Breadwinner for a Family of 8

Yet another family

Like Wagay’s, the family of 50-year-old Mohammad Yousuf Bajard, a police constable shot dead at Barzulla on February 19, feels devastated.

A small clip of the attack circulating on social media shows a man in a pheran, a Kashmiri tunic worn during the winter, taking out what appears to be an automatic rifle and shooting at the policemen. He then escapes.

Bajard, a resident of Marhama Kupwara in north Kashmir, a small hamlet surrounded by woods – some 100 kms from Srinagar – had just resumed duty after having taken a month-and-a-half long leave to recover from an illness. “At around 1 pm, a cousin who is working in CRPF informed us that he has been killed in Srinagar. It was an absolute shock for the entire family,” said Mohammad Ayoub, his brother-in-law.

Crowds waiting to catch a glimpse of the body of Mohammad Yousuf Bajard, a J&K police constable, who was killed in an attack by militants in Srinagar. Photo: Kaisar Andrabi

Bajard is a father of four. He had been in the police department for the last 20 years and witnessed three attacks while on duty. Each time, he was lucky enough to survive. “He had received no threats from any one since he joined the department and was always respected in his locality for his kind nature,” Ayoub said.

Bajard’s daughter, who he was close to, has fallen unconscious several times since she saw his corpse.

Ayoub said that continued killings in Kashmir have shattered every single family in the region. “It seems that there will be no end to such tragic episodes unless there are any concrete steps to address the core issue here,” he said.

Kaisar Andrabi is an independent journalist from Kashmir and tweets at @KAndrabi. Shakir Mir is a Srinagar-based journalist.

Kashmir: Bodies of Three Rajouri Youth Killed in ‘Encounter’ Exhumed

The bodies of Abrar (16), Imtiyaz (22) and Ibrar (25) will be handed over to the families and they will be buried in their native place.

Gantamulla, Baramulla: The inhabitants of this sleepy hamlet in north Kashmir’s Baramulla district were fast asleep in the early hours of Saturday. Breaking the tranquility of the morning, men with shovels went downhill to exhume the three young men, including a minor, who were killed in an “encounter” which the Army admitted the ‘Dos and Don’ts of Chief of Army Staff’ as approved by the Supreme Court were contravened.

This village on the Srinagar-Muzaffarabad road is heavily militarised with a large presence of police, Army and paramilitary Central Reserve of Police Forces. It is here that the graves of more than 200 militants – both identified and unidentified – lie. Amongst them are the graves of the three Rajouri youth who had come to Shopian to earn their livelihood.

On the intervening night of July 17 and 18, the trio was killed by the Army’s 62 Rashtriya Rifles at Amshipora, Shopian and they were dubbed as unidentified militants. They were buried in this graveyard, which is more than 240 kilometres away from their native places.

After the families of the youth were unable to contact them for 22 days, they lodged a missing persons report with the police in Rajouri. They claimed that the three persons killed in Amshipora were their children. The separate probes ordered by the Army and the Police, as well as DNA tests, confirmed that the trio was indeed the youth from Rajouri.

Photographs of the three young labourers from Rajouri who went missing in Shopian last month. Photo: Twitter

At 5:30 am on Saturday, the quiet of the graveyard was broken by the sound of shovels digging into the earth. This exhumation of the bodies of Abrar (16), Imtiyaz (22) and Ibrar (25) was the result of an agonising struggle of these families to receive the bodies of their loved ones.

As the bodies were exhumed, the distraught parents and relatives of the slain youth could not muster the courage to look at them. “They identified their children from the photographs clicked by the gravedigger at the time of their burial on July 18,” says Choudhary Guftar, a social activist from Rajouri, who witnessed the exhumation here.

“From the photographs of bodies, I could see Imtiyaz’s face was burnt beyond recognition. Abrar’s chest was riddled with bullets. The face of Ibrar was also partially disfigured,” he says.

The exhumation of the bodies took around one hour. The graveyard was out of bounds for media and a large number of police and CRPF men were deployed on the 200 metre stretch of the road near it. Traffic movement was also halted for 5-10 minutes when the bodies were being brought from the graveyard to shift them in an ambulance, which would ferry them to Rajouri. There, the slain youth would receive a respectful burial near their native houses.

The graveyard was cordoned off as the bodies of the three Rajouri youth were being exhumed. Photo: Umer Maqbool

The identification of the graves was not a difficult task as the local police and the gravedigger knew exactly where the trio was buried.

Recalling the day when the bodies were brought for burial, Abdul Majid, the gravedigger, told The Wire that he got a call from the police in the afternoon to dig three to four graves. “Later in the day, the bodies were brought here and we completed the burial process in the evening,” he said.

The gravedigger’s account of the state of bodies when they were exhumed is perhaps a testament to their innocence. “The bodies were fresh and had not decomposed and were also odourless,” he claims.

This is a rarity as per the experience of the gravedigger. “After the exhumation, I draped them in fresh shrouds as they will be buried in their native places now,” he says.

Majid, who owns a tea stall here, has buried more than 200 bullet-riddled bodies since 2014 “It is the first time that bodies have been exhumed,” he says.

Before April this year, the bodies of only foreign and unidentified militants were buried in the graveyard. But since then, the bodies of local identified militants are also being laid to rest here by the authorities, citing the outbreak of COVID-19.

Families demand justice

Muhammad Yosouf, the father of Ibrar, who could not gather the courage to see the body of his son and the two other relatives, said the cruel men who killed their children should be hanged. “What was the crime and fault of our children? Why were they killed? They [the perpetrators] should be hanged so that nobody dares to snatch a son away from a father,” he says.

“Did our children harm anybody? We are poor and helpless people, but we will sell our everything to ensure that the killers of our children are brought to justice.”

Talking to The Wire, deputy commissioner (Baramulla) G.N. Itoo said the exhumation process was carried out in accordance with the legal formalities. “The entire process was completed in a peaceful manner,” he says.

The exhumation took place days after the J&K Police announced that they will hand the bodies over to the families of the slain youth.

As already reported by The Wire, two persons have been arrested by Jammu & Kashmir Police in connection with the killings. The two men are believed to have played a role in the pre-execution stage of the encounter.

One of them lives in the vicinity of the 62 RR camp and the accommodation rented by the labourers before they were killed in Amshipora.

The Army has already admitted on September 18 that that “during the operation, powers vested under the AFSPA 1990 were exceeded”.

It also said in a statement that “the Dos and Don’ts of Chief of Army Staff (COAS) as approved by the Hon’ble Supreme Court have been contravened” in the course of the operation.