J&K State Human Rights Commission
SUMMARY
November 23, 2023

This is a Jammu and Kashmir State Human Rights Commission fact-finding report on the initial investigation of the 1998 mass killing of 19 members of an extended family in Salian, Kashmir. The investigation finds Special Police Officers and paramilitary officers to be responsible for the massacre, and it recommends that they are investigated. It also identifies the Indian Army as negligent and silent when the massacre took place. It ordered compensation be paid to survivors and that witnesses be protected.


Topics: 1998 Sailan Massacre


Terms: extrajudicial killings, custodial rape, Sailan massacre, use of torture, rape as torture, excessive use of force, Special Police Officers (SPOs), paramilitary forces, SPO Zakir Hussain, informants, associates of SPO Zakir Hussain, Indian Army

ARTICLE PREVIEW


On the scene of occurrence in a big gathering of officials and civilians, I made all to understand that a fact-finding report is being prepared for which all present, concerned or unconcerned having any knowledge of the occurrence of 3/4th august, 1998 were informed rather invited to participate in the enquiry by giving oral statements, affidavits or any other material giving clue of the inhumans occurrence on the spot... The notice was given to the police personnel of the district as well. A notice directed to be served on the local army unit for purposes of collecting information in accordance with the provisions of Human Rights Protection Act, 1997. The notice was handed over to SP (Opns) Surankot also orally directed to inform the army, who in turn on spot expressed that army will not participate but wants independent enquiry to be conducted.

As has been discussed that Zakir Hussain, slain SPO who was basically a militant three four years back surrendered before the army, got himself recruited as SPO and worked as informer to the local army...The group of slain Zakir SPO lost their leader, army lost trusted informer and father lost his son. While lifting dead body of Zakir SPO army had vowed to wipe twenty persons even before his burial.


Thus to sum up, the occurrence of killing in question, does not travel beyond the belief that, three unnamed associate SPO of Zakir slain SPO, his relations joined by security forces of the area, who could not be identified have to shoulder the allegation for the massacre of innocent souls, because the statements of local people recorded and expressions gathered in only pin only the elements indicated including even faint involvement of anybody else. It is observed that no direct evidence was available for particular person has been named or identified to give definite clue of the heinous crime which left19 persons killed.


One glaring fact noted when bloodbath of 19 persons taking place in the house of Ahmad Din, the army picket being only 200 mtrs away, the army supposed to be vigilant around the clock did not come on spot to intervene when civilians had been ordered not to move after 6:30pm. The silence of army by that time of occurrence is not meaningless, uniformed personnel seen moving with torchlight around the scene of occurrence then moving down to board the vehicles or on the main road, leave none in doubt except bias mind.


Recommendation: The home department will issue directions to SP Poonch to identify three SPO associates of Zakir Slain SPO attached with 9 para at Bafalyaz army camp and bring them in the net if investigation of the case registered regarding the occurrence together with father of Zakir, deceased who happened grieved, seen weeping before army. As regards the alleged allegation against the security forces without identifying any particular force, the unified command is under obligation to take stock of their occurrence by the army personnel at Sailan picket did not react, when the occurrence took place at a distance of barely 200 Mtrs from their picket that too around midnight, uniformed persons seen moving with torch lights, then no civilian could movement at that time.

Those who suffered because of killing xxxx surveyed by the district administration, Poonch, have tobe awarded cash compensation by the government on the similar lines as may have been paid to survivors of killings at Handwara, Ganderbal, in identical massacre. In addition one Shabir Ahmad Sheikh son of Ahmad Din who survived the attack in which his whole family got wiped is a student of12th class, is recommended to be admitted in boarding house in Poonch college immediately, with boarding, lodging, and education at the expense of government till he passes his graduation. Thearrangement will ensure his security aspect also, which is needed most for him, because of compensation to be awarded and other circumstances of post occurrence.

The district administration will consider seriously the security risk of the witnesses, who deposed before the commission and filed written complaints before the commission named in this report.

A copy of this report (and its translation) is courtesy of KashmirLife

Link to Original Article

September 1998

Originally published

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