Defence Ministry refuses to prosecute accused soldiers
Srinagar, May 1: Despite being proved by the State Home Department and Police that Assam Regiment was directly involved in the cold blooded murder of a class 12th student from Soitang Padshahibagh area of Srinagar city, the Defence Ministry of India is not according sanctions to prosecute nine soldiers including an Army officer of the said regiment.
“We have been waiting for the nod of Defence Ministry of India from last 10 years. But under the garb of Armed Forces Special Powers Act (AFSPA), accused soldiers are roaming free. Even the Government of Jammu and Kashmir Home Department in its letter to Defence Ministry has clearly maintained that my son Javid Ahmed Magrey was killed in cold blood despite having no links with militants,” father of slain youth, Ghulam Nabi told news agency CNS.
Government of Jammu and Kashmir Home Department in a letter with reference number Home/25/2007 dated: 16/07/2007 dispatched to Joint Secretary Government of India, Ministry of Defence, New Delhi clearly states that after thorough investigation it was proved that 12th class student Javid Ahmed son of Ghulam Nabi Magrey was killed by Assam Regiment after they kidnapped him.
The letter reads that on May 1, 2003, complainant Ghulam Nabi Magray son of Muhammad Ismail resident of Soitang (then) Tehsil Chadoora Budgam lodged a written report at Police Station Nowgam alleging therein that his son Javid Ahmed a student of 12th class was sleeping in his room during the intervening night of 30th April and 1st May, 2003.
“In the morning he was not present in his room. He (his father) came to know through an Army Lieutenant that his son was in Police Station Nowgam while approaching police station he came to know that his son was shifted to hospital in critical condition where he succumbed to his injuries. The complainant alleged that his son was picked up by 119 Assam Regiment and later killed him in a fake encounter. On this report the instant case was registered at police station Nowgam and investigation was taken up,” the letter reads.
State Home Department letter further reads that during the course of investigation, Investigating Officer prepared the site plan, recorded the statements of witnesses.
A magisterial enquiry was also ordered into the matter, the letter reads adding that during the course of magisterial inquiry the Officer of Assam Regiment was approached and their reply was sought in the matter who have stated that the said Javid Ahmed was injured in an encounter with party of their regiment.
The State Home Department letter to Defence Ministry of India with subject “accord of sanction for launching prosecution in case FIR No. 64/2003 under section 302,120-B RPC Police Station Nowgam” maintains that the witnesses who have been examined during the course of investigation have stated that the deceased was a student and was not linked with militancy. “He was killed by Assam Regiment after kidnapping. Case registered on the complaint of Assam Regiment had been closed as not proved.”
State Home Department in its letter says that the magisterial enquiry also declared the deceased as innocent person who was killed by the soldiers of Assam Regiment. “The investigation of the case has been closed as challan has been produced against the soldiers of Assam Regiment who are found guilty and they included, Subedar Surindera Sinaha PTL Cdr, Havaldar Hamanta Bordoloi, Havaldar Naba Sinha, Naik L.Romesh Singh, Sepoy S.U.Borbhuiya, Sepoy Zakir Hussain, Sepoy Ashok Choudary, Sepoy David Lalthanmawia and Sepoy Bijoy Sinha,” the letter maintains and requests Defense Ministry to kindly accord sanction of prosecution ‘as is envisaged under Section 7 of J&K Armed Forces Special Powers Act, 1990 involved in FIR No 64/2003 against these accused Army officials.’
The mother of the deceased Javid Ahmed said that they are waiting for the justice and they hope once AFSPA will be revoked these ‘killers’ will be punished. “I am waiting for the day when these soldiers will face the music,” Amina Banoo said. (CNS)