Censures CID for closing probe
Two months after the Criminal Investigation Department (CID) of Police closed the case of Hawal massacre as “untraced”, the investigation by State Human Rights Commission (SHRC) has revealed the involvement of 15 CRPF personnel in the 1990 killings.
A report by the SHRC’s investigation wing has stated that 15 CRPF personnel were involved in the massacre in which 35 civilians were killed. The report by Police Investigation Wing (PIW) of SHRC came in a complaint filed by chairman of International Forum for Justice and Human Rights Mohammad Ahsan Untoo over the killing of civilians at Hawal on May 21, 1990. The PIW has quoted the CRPF’s Court of Inquiry (COI) which “identified 15 personnel involved in the massacre, but there is no idea if any action was taken”.
Police’s CID wing in its report had, however, submitted that during the course of investigation the statements of some CRPF personnel deployed at the place of occurrence on the date of incident were recorded and they had stated that curfew was imposed and some unknown militants fired upon the paramilitary force men with intention to kill them. In retaliation CRPF fired in self defence in which some 35 civilians died on spot, the CID report noted. The report however read the investigation of the case was entrusted to Crime Branch Kashmir which during the course of investigation found that the case has been “closed as untraced as no clue was found despite strenuous efforts.’’
However, the SHRC’s PIW report states that during its investigation it was found that an FIR 35/1990 was registered in Police Station Nowhatta. The PIW report noted that “At 2:40 pm ASI of police Mohd Rafiq had submitted a written docket through Ct. No 686 to SHO P/S Nowhatta, mentioning that during the law and order duty, it was learnt that Moulvi Mohammad Farooq of Awami Action Committee has succumbed at Medical Institute Soura due to bullet injuries and his body was being taken to Rajouri Kadal in a procession and near Islamia College some rounds were fired as a result of which lot of persons in the procession have died.’’ It further added that on the day of incident, the then SSP headquarters, Srinagar, N Sarvade, was entrusted to investigate the case. “Sarvade conducted investigation of the case from 21/05/1990 to 13 August 1990 and submitted 20 case diaries (CDs), wherein he hasn’t recorded statements of the eye witnesses, injured persons and has only recorded the statements of CRPF officials.”
Afterwards, the case was taken up by then SHO Nowhatta, Farooq Ahmad. “In the same CD the Investigation Officer stated that vide PHQ order Number 20-C/92 dated 13/11/1992 the investigation of the case was later transferred to Crime Branch Kashmir. However, it’s not known that from 13/08/1990 to 13/11/1992, where the case file had been and no efforts were taken to investigate it.”
After the Crime Branch investigation the case was taken up by then Dy SP Mir Abdul Qayoom and “during the investigation, in CD dated 16/03/1993, the IO mentioned that a list of 114 individuals has been provided by the Institute on 02/06/1990 showing the names of persons killed/injured.”
“The IO further recorded the statements of the relatives of the deceased persons and during investigation of the case it was established that personnel of 69-Bn were deployed at place of occurrence who were requested to provide the court of enquiry papers, besides the list of officials deployed at and around Islamia College,” reads the report.
During the course of further investigation citing the sequence of investigations by Crime Branch, the CRPF had conducted a “Court of Inquiry (COI) headed by a board of officers consisting MP Singh IGP NES-CRPF, NK Tiwari DIG (P) CRPF, R K Sharma Commandant 60-BN-CRPF. The COI held 15 CRPF officers and cops of 69 BN responsible for indiscriminate firing. The personnel found responsible include one DSP, two SI’s, three Lance-Naiks and nine constables of CRPF.”
“However, it wasn’t known what action has been taken against the delinquent officials and whether any criminal proceedings have been conducted against them or not,” reads the interim report submitted by DSP, SHRC, who is also IO of the case.
While the Crime Branch has already closed the case as untraced, the SHRC’s PIW has sought that fresh attempts be made to locate the injured persons and report be submitted within couple of months before the Commission.
