Home Punjab Poonch civilian killings: 106 days on, ‘torture survivors’ yet to record statements before magistrate

Poonch civilian killings: 106 days on, ‘torture survivors’ yet to record statements before magistrate

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Poonch civilian killings: 106 days on, ‘torture survivors’ yet to record statements before magistrate

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Over three months after three men were tortured to death and six others were injured inside an army camp of 48 RR in Poonch’s Bafliaz on December 22 last year, the torture survivors are yet to record their statements before a magistrate, a mandatory requirement under Section 164 of the Indian Code of Criminal Procedure (CrPc).

“On Thursday, our statements were recorded before a public prosecutor but not before the magistrate. The status of the police investigation remains the same,” said Mohammad Sadeeq, 49, former panch of Topa Peer village. (Photo for representation)
“On Thursday, our statements were recorded before a public prosecutor but not before the magistrate. The status of the police investigation remains the same,” said Mohammad Sadeeq, 49, former panch of Topa Peer village. (Photo for representation)

The deceased were identified as Safeer Hussain, 44, Showket Ali, 22, and Shabir Hussain, 32, of Topa Peer village. The kith and kin of the deceased men have no clue whatsoever about the army’s parallel probe.

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“When defence minister Rajnath Singh met us in Rajouri on December 27, he had assured us that the army’s probe would be completed within a month and justice shall be delivered. However, it’s been over three months, neither the police have recorded our statements under Section 164 of the CrPC before the magistrate nor do we have any clue about the army’s probe,” said Mohammad Sadeeq, 49, former panch of Topa Peer village and uncle of Showkat Ali.

“On Thursday, our statements were recorded before a public prosecutor but not before the magistrate. The status of the police investigation remains the same,” he added.

Sadeeq ruled the inordinate delay in the police investigation.

“Under the law of the land, our statements are required to be recorded before a magistrate. The police officers keep us telling that it would be done soon,” he added.

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Station house officer (SHO) of Surankote police station, inspector Mukhtiar Ali, said the statements were yet to be recorded.

“I have been recently shifted to Surankote police station. The senior police officers are on it. While compensation, job letters and plots have been handed over to the kith and kin of the deceased men,” said inspector Ali.

On the army’s probe, a defence spokesperson said, “The proceedings are on. Once the army completed its probe, a statement is expected,” he added.

Facing a backlash against the custodial deaths, the army then moved out three officers, including a brigadier, from Poonch pending the probe.

It may be stated that the five injured men have been twice questioned by the army officers in the Army’s Potha hospital during their treatment and then before a military court in a camp of the army in Rajouri.

One of the six injured men, Riaz Ahmed, 26, a Class 8 dropout, said, “The senior army officer politely asked us to narrate to him whatever had unfolded with us on December 22. About who picked us up from our houses that day and where we were taken and tortured.”

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The five men, who recorded their statements before the army officer were Lal Hussain, 70, Riaz Ahmed, 26, Farooq Ahmed, 19, Israel,20, and Jameel Ahmed, 18.

The army on December 22 had picked up a total of 29 men, including 10 men from Pangai, 10 from Sawani and nine from Topa Peer village.

While three men died during torture and six others were injured severely, the nature of injuries varied in the case of 20 other men from Pangai and Sawani villages.

On December 22, J&K Police had lodged an open FIR against “unknown” accused of the army under Section 302 of the Indian Penal Code at Surankote police station.

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