‘Not A Militant But Civilian Killed By Army’ 

Srinagar—An inquiry by Principal Sessions Judge Kupwara has shed some light about the longtime mystery over the death of a man from north Kashmir district in 1993. The inquiry concluded that death was “caused by firing by the army and not occurred in any militancy related incident” and the same was accepted by high court on Thursday. 

A bench of Justice Sanjeev Kumar directed government to treat the death of deceased, Ahmad Lone, as a death of a civilian caused by firing by the army personnel and not occurred in any militancy related incident. 

The court was hearing a petition filed Abdul Ahad Lone, Ahmad Lone’s son, seeking directions to hand over the investigation to Crime Branch  and file challan against accused or any other order as the court may deem fit in the circumstances of the case.  

“That being so, the next of kin of the deceased, namely, the petitioner (Abdul Ahad Lone) shall be entitled to all the benefits/reliefs those are available to dependent of a civilian killed in an action by the State as per applicable norms/Rules,” the court said. The court directed the state government to consider Abdul Ahad Lone’s claim for permissible benefits like ex-gratia, compassionate appointment or payment of cash compensations in lieu of compassionate appointment etc, as may be permissible under the applicable norms and rules of the State within a period of two months.   

Abdul Ahad Lone had submitted before the court that he was working as a casual labour with the Army and he had to carry load from base camp to advanced pickets, which were in Jungles of Kupwara. On May 18, 1993, Abdul Ahad said that he was given the load to carry which was so heavy that he could not carry alone. Therefore, he asked his father to help him to carry the load at the requisite place. 

After delivering the load, he said, Ahmad left for his home and he had to pass through a thick forest. 

In the evening, Ahad said that he came to his house he found that his father had not returned and he went to the Army Camp and reported about missing of his father. Thereafter, on 19 May 1993, Ahad submitted a report in Police Station Kupwara. After permission was granted, that too, after eight days, to search for the dead body, they found the Ahad’s body was kept under the bushes. Thereafter the body was handed over to the Police and autopsy was conducted but thereafter no investigation in the matter was conducted nor was any information given to family about the result of investigation, he said. State government said that a report was lodged by Major Pankaj Joshi of 12 Mahar Regiment on May 21, 1993 with Police Station Kralpora stating that the patrolling party noticed one person in suspicious manner. “The said person lobbed grenades on the patrolling party and in the encounter he was seriously injured. As per the report, the person before succumbing to his injuries revealed the patrolling party that he was acting as guide. The dead body was buried on 19.05.1993.”

 Accordingly, FIR No.56/93 under Section ¾ TADA was registered and investigation was taken up, it said. the state said that Ahad also lodged a report with Police Station Trehgam regarding the death of his father. “It appears that the Police while registering FIR at the instance of Major Pankaj Joshi did not register any case on the report filed by (Ahad). Resultantly, investigation was conducted only in case FIR No.56 of 1993 and concluded as ‘not traced’.” The Final Police Report was filed before the Magistrate which was accepted. On 05 March 2012, having regard to the controversy involved, the Court asked the Sessions Judge Kupwara to inquire into the matter and submit his report.

The Principal Sessions Judge, Kupwara had concluded that the death of the deceased be deemed as a death of a civilian caused by firing by the army personnel and that the death has not occurred in any militancy related incident.

However, the high court observed that in the inquiry report it has also not been established as to who was responsible for the death of the deceased father of the petitioner. “More so, Major Pankaj Joshi on whose report FIR No.56/93 under Section 3/4 TADA was registered has already died, therefore, the relief which has been recommended by the Principal Sessions Judge, Kupwara is the only relief which can be granted in favour of the petitioner,” the court added. 

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