International Forum For Justice & Human Rights Jammu And Kashmir Continues To Fight Against Violence

International Forum for Justice and Human Rights (IFJHRJK) Friday paid rich tributes to Moulana Muhammad Farooq, Khawja Abdul Ghani Lone and the victims of Hawal massacre on their martyrdom anniversary being observed today

ISLAMABAD, (UrduPoint / Pakistan Point News - 21st May, 2021 ) :International Forum for Justice and Human Rights (IFJHRJK) Friday paid rich tributes to Moulana Muhammad Farooq, Khawja Abdul Ghani Lone and the victims of Hawal massacre on their martyrdom anniversary being observed today.

Chairman of IFJHRJK Muhammad Ahsan Untoo said that the victims of the violence perpetuated by the Indian forces, are still waiting for the justice. He said that although 15 CRPF personnel have been held responsible for the massacre but they are yet to be punished.

Detailed Report He said on 21 May 1990, chief religious cleric and senior pro-freedom leader Mirwaiz Molvi Mohammad Farooq was killed by unknown gunmen who they barged into his house at his Nigeen residence. As the news spread about the killing of Moulvi Farooq, people in thousands from different areas of Kashmir rushed to the premier medical institute SKIMS and carried his body in a massive procession towards Mirwaiz Manzil at Rajouri Kadal in Old City.

When the large procession shouting pro-freedom slogans reached Hawal, the paramilitary personnel stationed in a camp at Islamia College mounted machine guns on the wall of the college and pointed them towards the peaceful procession, recall the survivors of the massacre.

"It was a hell.. I saw paramilitary men firing with machine guns on civilians and there was only blood and bodies around," recounts Farooq Ahmad, one of the survivors.

Over 60 civilians fell to the bullets of paramilitary forces when they opened indiscriminate firing on the funeral procession of at Hawal in Shaher-e-Khaas here. Hundreds of others were left injured and many among them disabled for lifetime.

The martyred people include women, children, and men young and old. The J&K state which continues to witness a brutal conflict was at that time under Governor's rule of Jagmohan Malhotra.

Two days after the mayhem and bloodbath, Molvi Farooq was laid to rest two days later on 23 May 1990 at Martyrs graveyard Eidgah.

Eyewitness recall the horror day Manzoor Ahmad who was giving shoulder to the coffin of Moulvi Farooq recalls: "I was giving shoulder to the coffin of Mirwaiz Moulvi Farooq. We were heading towards graveyard located at Eidgah. It was about 01:00 Pm. Two CRPF vehicles came and disallowed us to carry forward the coffin. There was heated argument between people and CRPF officer. Then he fired in air few gunshots and in the meantime CRPF personals in hundreds posted near Islamia College fired indiscriminately on people who were accompanying the funeral of Mirwaiz." Some say the number of killed later increased to 72.

"The number of deaths later on reached to 72 within few days as most of them succumbed to injuries. The body of Mirwaiz was laid to rest in Martyrs graveyard Eidgah two days later after his martyrdom on 23 May 1990. People mourned the death of Mirwaiz and all the 72 who got martyrdom for months. It was just a heaven turned hell," recalls another eyewitness, Aijaz Ahmad.

"I was so shocked on witnessing the mayhem that I hardly realized that a bullet had hit my right hand. One of my fingers was hanging just by a vein. I tried to help other injured, but I could not move due to heavy loss of blood," said another survivor Farooq Ahmad.

"My son was shot in front of me," Makhta Begum recalls that day when her son was killed. She recounts that day in a matter of fact tone, as if she is bereft of all feelings and emotions.

An aged woman argued with CRPF officer, shot dead "When the CRPF personnel stopped the funeral procession, an aged woman argued with a senior officer of paramilitary forces. The officer trained his pistol on her chest and opened fire. The woman fell on the ground and died instantly. For some moments, there was pin drop silence. Suddenly, the personnel took positions and fired indiscriminately on the procession," recalled another eyewitness, Nazir Ahmad Baba.

Remembering the martyrs Every year the week is celebrated as Haft-e-Shahadat. Rallies are taken out across the Downtown area of Srinagar city to commemorate the sacrifice of the people who laid down their lives on that day.

A memorial for the martyrs' stands was built, where the names of the victims are carved on the memorial.

Another Hurriyat leader silenced forever: Who killed senior most Hurriyat leader Abdul Gani Lone continues to remain a puzzled question even after 18 years.

On 21 May, 2002, Abdul Gani Lone was shot dead by unidentified gunmen during a rally to mark the 12th death anniversary of the former Mirwaiz of Kashmir, Moulvi Mohammad Farooq, father of senior Hurriyat leader Umar Farooq, at Eidgah ground in old Srinagar city.

A day later, then Prime Minister Atal Bihari Vajpayee was scheduled to visit Kashmir valley.

The 70-year-old Lone was rushed to the Soura Medical Institute where he was declared "brought dead".

Lone was seen as a moderate voice in the Hurriyat Conference. A founder Executive Committee member of the 23-party Hurriyat, Lone had indicated desire for holding talks with the Centre for resolution of the Kashmir issue.

Police registers FIR A criminal case under FIR No. 35/1990 was registered into the incident at Nowhatta police station about Hawal incident. However, there was no information as to whether there was any inquiry either judicial or magisterial ordered by the government or not.

Fight for justice (Justice delayed is justice denied) Despite passing of 31 years, the horrific memories of the massacre are still fresh among the survivors who still await justice to the victims.

The then State Government had announced a 'time-bound' inquiry into the massacre within a period of two months, but 31 years have passed and there seems no ray of hope and the perpetrators of the crime continue to be shielded.

IFJHRJK steps in for a legal battle: International Forum for Justice, Human Rights JK (IFJHRJK) led by its chairman Mohammad Ahsan Untoo filed a petition on 26-03-2013 with SHRC, seeking investigation of Hawal massacre and seeking compensation to the rest of the kins of killed and the person who got injured in the massacre.

The State Human Rights Commission (SHRC) issued a notice to Union of India through Commissioner Secretary Home, New Delhi, DIG BSF Kashmir Zone, DG of J&K Police, SDPO Nowhatta and SHO Zadibal.

However, there was no reply for one year.

SHRC conducts inquiry Meanwhile, the SHRC conducted own inquiry which was headed by Police Investigation Wing (PIW) of the Commission.

Interestingly, the PIWs report comes two months after the Criminal Investigation Department (CID) of J&K Police in its report submitted to SHRC has closed the case as "untraced".

CID Report of J&K Police "As per CRPF personnel, curfew was imposed on the day and during curfew hours some unknown militants fired upon the CRPF men with intention to kill them and in retaliation CRPF fired in self defence in which some 35 civilians died on spot," reads the CID report.

The CID report further reads the investigation of the case was entrusted to Crime Branch Kashmir. "During the course of investigation, the case has been closed as untraced as no clue was found despite strenuous efforts," it said.

The PIW enquiry punctures the CID report The State Human Rights Commission (SHRC) Police Investigation Wing (PIW) has revealed in its report that CRPF's Court of Inquiry (COI) had identified "15 CRPF personnel involved in the Hawal massacre".

The SHRC's Police Investigation Wing (PIW) in its report submitted to SHRC against a complaint filed by Mohammad Ahsan Untoo, regarding killing of civilians at Hawal on May 21, 1990, revealed that CRPF's Court of Inquiry (COI) had "identified 15 personnel involved in the massacre, but there is no idea if any action was taken".

The PIW report said that during its investigation it was found that an FIR 35/1990 stands registered in Police Station Nowhatta regarding the incident.

The PIW report reads that according to the FIR, the sequence of events that had taken place on the day of incident.

PIW Report: On 21, May 1990, at 1440 hours, ASI of J&K 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, at Gojwara Chowk at 1345 hours along with Nafri it was learnt that Moulvi Mohammad Farooq chairman Awami Action Committee 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 died and many were injured." At 1415 hours: the senior officers of police and paramilitary forces paid a visit to the site and investigation of the case was entrusted to N Sarvade, the then ASP HQ Srinagar, who immediately rushed to Medical Institute Soura for filling of the injury memos, however the people were very agitated and were present in large numbers, as a result of which no legal formalities could be conducted and the Investigation Officer came back and visited the scene of crime where among others the then DIG Kashmir Izhar islam and the then DIG CRPF DK Suri were on the spot. The IO took physical evidence in the shape of empty cartridges of AK 47 rifles at three different places which were scattered. In addition to these items 2 bullets were recovered, one embedded in a sand bag located on the compound wall of Islamia College and other bullet was found on the floor of Santry post. Accordingly seizure memos were prepared, the statement of some CRPF personnel, without mentioning the battalion were recorded.

The IO, N Sarvade the then ASP headquarters, conducted investigation of the case from 21/05/1990 to 13 August 1990 and submitted 20 Case Diaries (CD), wherein he hasn't recorded statements of the eye witnesses i.e. shopkeepers etc, injured persons and has only recorded the statements of CRPF officials, who in their statements have said that a large procession was coming from Soura towards Islamia College who were shouting anti-national slogans and were very much excited and furious when carrying the body of Moulvi Farooq and in the meantime aa burst of the fire came from opposite direction of the Islamia College from the graveyard side towards their camp which was retaliated as a result of which large number of processionists got killed and injured also.

The IO has also failed to obtain even the list of the deceased and injured persons and hasn't taken any serious steps to investigate the case as in an unbiased manner and has indulged in a flight of fancy and on his transfer handed over the case file to Police Station Nowhatta without mentioning anywhere about the seized items which he had reportedly seized from the scene of crime. Afterwards, the case was taken up by then SI Farooq Ahmad, then SHO Nowhatta. On 05/12/1992 and in the same CD, the IO stated that vide PHQ order Number 20-C/92 dated 13/11/1992. The investigation of the instant case has been 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," it further reads.

Consequent upon the case in Crime Branch, the case was taken up by then Dy.

SP Mir Ab. Qayoom. During the investigation, in CD 26, dated 16/03/1993, the IO mentioned that a list of 114 individuals, Photostat copy 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 inquiry papers, besides the list of officials deployed at and around Islamia College, reads the report.

Though the I/O after obtaining the list of the injured has made efforts to arrange the presence for recording their statements but none of the witnesses turned up, as a result of which till date the statements of the injured persons have not been recorded so far, except for the statements of few of the NOKs of deceased.

During the course of 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, vide CD No 42 dated 21/06/1993. The I/O of the Crime Branch has mentioned that the COI conducted by CRPF paper were collected from IG (OPS) Srinagar office and the opinion of the officers has been reproduced in the said CD, however, the enquiry papers aren't a case file.

Opinion in view of finding recorded in the Court of Inquiry Circumstances which led to discuss opening after by the personnel of Dett 69 BN on 21-05-1990, the detailed factors that led to the opening of fire. Besides there were orders from the administration not to allow any procession in the area when the procession will proceed. Subsequently orders were also issued to impose curfew in the area. When the procession was allowed from Medical Institute Soura, no information to that effect was passed to the personnel of 69 BN nor any police party was detained to accompany the procession. The distance between Soura Medical Institute and Islamia College is at least an hour to travel. Even during this period if the earlier orders of the administration regarding procession and imposition of curfew were revoked and common cited to units. The procession would not have been stopped at Islamia College and unfortunate firing incident would have been avoided. Therefore, this communication gap has been the greatest contributory factor to the incident.

Whether there was any excessive firing by personnel of CRPF.

Whether there was any failure of command and control and in such an eventuality to fix responsibility thereof. The court have gone into the above two aspects in detail. The dead body of Mirwaiz Farooq was being carried on the shoulders as stated by the members of the processionists by standers and also by Sheo Chand Ram DySP of 54 Bn CRPF. The court therefore doesn't accept plea put forth by CRPF witnesses at Islamia College they didn't see the coffin. Moreover, as per evidence on record maximum 3 bursts were fired on CRPF men. The area between then CRPF men and the positions from where the firing of AK-47 came were full of processionists consisting of children, men and women. Their main intention appears to provoke CRPF to open fire on the processionists. The crowd on being fired both sides must have started meting away. There was absolutely no justification for continued firing from own side to the extent it has been done. Moreover, our firing should have been directed to the places from where we were fired upon and not to the processionists either on the road or to the exits available to them. The court is of firm behalf that the CRPF men resorted to firing for excess than it was actually called for. For the excessive firing the court holds the following 15 CRPF men responsible: Names of CRPF men of 69 BN held responsible for firing: Lakhan Singh DySP Mukhtar Singh SI Rajinder Singh SI Satpal Singh (L/Naik) T A Param (Constable) Ghalib Khan (Constable) D Krishna (Constable) Om Singh (Constable) Desh Raj (Constable) Prem Singh (Constable) Y Krishna Rao (Constable) Y Shukla (Constable) Pabitter Prasad D N Singh (L/Naik) A K Mita (L/Naik) Lakhan Singh DySP: The officer was present in the campus when the crow approached the Islamia College. He was taking his meal in the officers' mess. He though knew of the tense situation prevailing in the area didn't bother to come out and take command of the situation and exercise proper control over the men.

SI. Mukhtar Singh: He was standing behind the men who had taken positions on the boundary wall but failed to exercise any control over the men as brought out by his commandant (the court could not examine their witness as at the relevant time he was absent from duty without leave).

SI. Rajinder Singh: The court feels that the incident would have been avoided has SI Rajinder Singh and his men under his command show a little more restraint and magnanimity. SI Singh when jostled by few of the processionists and after hearing a sound of the burst fire from nearby area appeared to have become panicky and lost his cool. Though the men under his command fired very few round he failed to make a correct appreciation of the situation which is one of the reason which led to firing.

L/NK Satpal Singh: He failed to exercise proper command and control over the men of his guard with the result Ct. T A Paran fired 15 rounds at the crowd.

Apart from the above functionaries those who have fired more than 2 to 3 rounds are guilty of uncontrolled firing. The crowd was unarmed and when the firing commenced, it started running for shelter. The court feels that those who have fired more than 3 rounds should be dealt with for failure to do controlled firing. In this regard the role played by the L/NK D N Singh and l/NK AK Mitra has been dubious despite their pleading ignorance the court believes other witnesses and feels that they coaxed junior constables to carry on with indiscriminate firing, this action on their art is totally unjustified and needs to be taken note of.

Whether the casualties/injuries suffered by the civilians are purely due to firing of CRPF or by firing of militants or by stampede etc, the court during these proceedings tried to obtain the copy of postmortem and injury report. As per DO letter No.1x-1/90-CR-ops dated 12-01-1990 (placed at Ex-43) the court has been informed by IGP (Ops) CRPF J&K that no postmortem was carried out. The court contacted Director SKIMS and DIG Kashmir range of J&K Police. The replies received from them are placed at Ex-49 and Ex-47 respectively. According to the report received from SKIMS, the details of casualties and injuries are: (1) Death 27 (a) due to bullet injuries. (b) Due to reasons not mentioned. (2) The men on duty appeared to have forgotten the art of restraint and the art of magnanimity.

The court feels that the force has been forgetting the art of restraint during adversity. This may be a manifestation of continue development lack of training and rest. Besides steps should be taken to avoid communication gap between location making authority and the functionary on ground.

However, according to PIW of SHRC it is not known what action has been taken against the delinquent officials and whether any criminal proceedings have been conducted against them or not.

"Also Vide CD No 47 dated 17/03/1994, the then IO Additional SP Crime Branch Kashmir has mentioned that the IG Crime conducted a crime meeting and directed to close the investigation of the case and accordingly the investigation has been concluded by Gh Rasool Bhat, the then ASP Crime Kashmir vide his CD No 50 dated 06/04/1994 as untraced', reads the PIW enquiry report.

It further reads, that till date no final report has been submitted to the concerned Court while as reported file has been prepared by P/S Nowhatta vide report number 03/2013 dated 26/12/2013 and the CD file is lying with P/S Nowhatta.

The final enquiry report by the SHRC's Police wing further details that so far the investigation of the case has been conducted by various IOs of police and Crime Branch, however, no genuine efforts have been taken to conclude the investigation of the case to its logical conclusion as till date no eyewitnesses have been examined and their statements recorded. The PIW submitted its report before SHRC on16-052017. It has also found that then ASP Headquarters N Sarava had deliberately conducted the investigation in a biased manner and had not appreciated the significance of recording statements of independent witnesses.

As the incident is 27 years old, the evidence if any except the statements of witnesses would have lost its relevance especially due to carelessness and deliberate attempts on behalf of the IO namely ASP N Sarvada (IPS).

27 years later, CRPF didn't cooperate: The PIW enquiry report said that some documents were to be sought from certain quarters. Accordingly, IG (Ops) CRPF Panthachowk and IG CRPF (Adm) Nishat, DIG central Kashmir were approached and repeated requests were made to them to furnish copy of Court of Enquiry conducted by CRPF into the incident and also communicate with the SHRC whether the guilty officers/officials of 69 BN CRPF were prosecuted for criminal liability. However, till date no information has been received to this end.

No response from DC Srinagar Similarly, District Magistrate Srinagar was approached for information regarding the list of number of persons killed/injured in the incident and details of the beneficiaries in respect of whom benefits under SRO/Ex-gratia have been extended. However, repeated requests since 2014 in this regard have failed to elicit any positive response.

PIW of SHRC recommends CBI probe Since during COI, the officials of 69 Bn were found guilty of the use of excessive force and inspite of that, the case has been closed as untraced and the final report has not been filed before the Court. As such, it is recommended that the case be re-investigated by CBI.

Reply to RTI filed by IFJHRJK In reply to an RTI application in 2013 filed by Untoo, the then Divisional Commissioner Kashmir stated that a criminal case under FIR No. 35/1990 was registered into the incident at Nowhatta police station.

"However, there is no information with the department as to whether there was any inquiry either judicial or magisterial ordered by the government or not," he had stated.

Untoo files rejoinder:On 02-03-2018, Untoo filed a rejoinder before SHRC praying that the IG Crime be directed to register FIR against the involved CRPF men in the crime under section 302 RPC with allied offence and persons of Ghulam Rasool Bhat the then IG Crime and N Srivada then IO ASP HQ for dereliction of of official duties with the motive to help the accused persons to save them from clutches of law and a direction to Divisional Commissioner Kashmir to submit the details compliance report of victims regarding the compensation and SRO 43 benefits.

"The report confirms about the persons involved, is there any need to get the matter further investigated by CBI. The Commission may direct IG Crime to register FIR against 15 personnel of 69 BN of CRPF named in the final inquiry report," Untoo said.