Army asked to file response in custodial disappearance and torture case
SRINAGAR: The Jammu and Kashmir high court on Monday granted a week’s time to Army to file response to police report on non-cooperation of the army in the case of custodial disappearance and torture of two men from Lolab Valley of north Kashmir.
The police report has said that the army was not cooperating in the investigations and was shielding the accused army personnel allegedly responsible for the ruthless beating of Nasrullah Khan and custodial disappearance of Manzoor Ahmed Khan of Lolab.
Assistant solicitor general Tahir Shamsi who represents the union of India pleaded before the court to grant a week’s time to file a response.
Hearing the petition, Justice Mohammad Yaqoob Mir granted one week time and directed the counsel to file response within the said deadline.
Meanwhile the report filed by the state police categorically stated that the Army was not cooperating with the investigation. “Army is shielding their personnel,” the report submitted before the court said.
The report further stated that despite several communications with the army no response was submitted to the police by the army. It said that strenuous efforts were on to locate Manzoor Ahmed Khan but so far no clue has struck about his whereabouts.
“The army is not giving response with regard to the personnel involved who nearly beat Nasrullah Khan to death on 31 August 2017. The same day Manzoor got disappeared in Army custody,” the report said.
Nasrullah Khan has suffered intense damage to his kidneys due to severe custodial torture.
The case was represented by Advocate Nasir Qadri.
The petition states that on August 31, Manzoor went to Bandipora via Devar- Aloosa Road for livestock marketing along-with his uncle Jalal-ud-din Khan and paternal aunt Parveena. Khan while making entry to Bandipora was called by one Major Nishint Gupta of 27 RR, Trimukh Post inside the camp. The uncle and paternal aunt were waiting for two hours outside the camp. After waiting for hours, Khan was told by the army officials that Manzoor was released from another gate and was no more with them. The family said the same Major had also called another person namely Nasrullah Khan who was released after undergoing third degree torture. The family then approached the Police Station Lalpora and filed a complaint with FIR no 63 of 2017 under section 364,342 Ranbir Panel Code (RPC). Another FIR no.62 of 2017 under section 307,343 and 323 RPC was filed against Army for ruthlessly beating Nasrullah khan.
After passing of 95 days, Manzoor is still untraced and family of the youth is moving from pillar to post to know his whereabouts.
Mohammad Aslam Khan, his brother said that Manzoor’s marriage was going to take place in October this year but it just remained a distant dream. He was doing his small work and we are unable to understand why he was detained. We want to know his whereabouts, he said. In September, XV Corps Commander Lt Gen JS Sandhu and Minister Abdul Haq Khan who is relative of the disappeared youth had visited Devar Lolab area and assured that investigation will be taken up to trace the youth but after passing ninety five days, nothing has come out.
The case will be again taken up on December 11.