“I felt similar to what had befallen me three years before when my son was murdered and branded as militant. After finding the army officer guilty, the court sentenced him to life imprisonment. But, today he is free…this is the murder of justice,” said Mohammad Yousuf Khan, father of one of the slain who were killed in a “fake encounter” by the army in Ashmipora in south Kashmir’s Shopian district on July 18, 2020.
Earlier in March 2023, the army court in their verdict accused Captain Bhoopendra Singh, of 62 RR, of the killing of the three civilians identified as Abrar Ahmad Khan (25), Imtiyaz Ahmad (19), and Mohammad Ibrar Khan (16) in a staged encounter and sentenced him the life imprisonment.
However, last week, the army tribunal suspended the sentence of Singh and bailed him out of jail. It clarified, however, that it was not staying his conviction.
Will fight tooth and nail
On Tuesday, Khan said that he will move to the High Court seeking justice for his son and challenge the suspension of the life sentence of an army officer who was convicted of “staging the killings”.
“He said that the suspension of his punishment means he will be set free. “We won’t let this happen. We will fight till our last breath. We will visit Jammu court and appeal for justice,” utters Shareen Akther (21) wife of slain Abrar Ahmad who is survived by a 4-year-old son.
On 18 July 2020, the government forces claimed to have killed three militants in a gun battle in Amshipora village in South Kashmir’s Shopian district. After the guns stopped roaring in this far-off village, three dead bodies were recovered by the government forces, all related to one another. They were later identified as three labourers who had travelled straightway from the Rajouri district of Jammu province to Shopian to earn their livelihood.
However, after the trio failed to make any contact with their families for days together, they filed a missing report with the police.
It was the police probe which finally in their report accused the army officer of staging a gun battle in which these missing trios were killed. In their statement, the families of the slain had said that they travelled to Kashmir in search of work.
As part of the policy, their bodies were buried in an unknown place in north Kashmir, miles away from their homes. However, after the police report and the widespread criticism from social media influencers, the bodies were exhumed on October 3, 2020, and later handed over to their families for a decent burial in their hometown.
In March, this year, the army tribunal had sentenced the army officer to life imprisonment which somehow “relieved the anger” of the families of the slain.
“I was very much satisfied with the court verdict early this year. I thought the justice has been delivered.” Yousuf told Maktoob over phone.
“Lost trust on court”
However, the recent verdict has aggrieved the families who said that “it is like pinching salt in the wounds”.
“If a person is accused of killing a person he is liable for imprisonment. And the army officer has murdered three civilians, has he been set free? What kind of justice is this?” laments Shareen – who was provided a job in the animal husbandry department in August this year as compensation for her loss.
“He has ruined my life. What will I do for the job if the murderer of my husband is being freed? I want him to be hanged for the sins he has committed,” she added.
“The way I am yearning for the longings of my husband who is not going to return, should her wife not yearn for his longings?” she says while questioning the justice system in the country.
“My son who is 4 years old now keeps asking about his father. What will I tell him? Should I tell him that his father is dead and the one who killed him is roaming free?” she added.
“We fear for our lives”
The decision to set free the accused has led to fear not only among the three families but the entire village. “We fear for our lives. If a killer who is accused of killing our colleagues for money can kill us too without any question being raised,” said Naseeb Bakori, who claims to be the cousin of Abrar.
The decision of the Tribunal Court has not only shocked the family of Abrar but the other families whose kin were killed are also in absolute shock.
Bagga Khan, father of Mohammad Ibrar (16) was about to sleep at his home when his phone rang late in the evening. Searching under the quilt in the dark of night, I heard a caller saying that the court had set the army officer who had killed my son.
“I was shocked to hear,” he said while talking to Maktoob over the phone from his residence.
“This was as painful as hearing the news of the son’s death. There is no difference. First, they killed our kids in 2020 and now they killed them again,” he said.
Tribunal order
In a 27-page order on November 9, the tribunal suspended the life imprisonment and granted conditional bail to Captain Bhoopendra Singh. However, the tribunal, made it clear that it would not stay his conviction.
“As we have only stayed the sentence of conviction to the extent of undergoing the jail sentence, all other punishments like cashiering etc shall continue to remain in operation during the pendency of this appeal,” the tribunal said.
The two-member tribunal headed by Justice Rajendra Menon said that prima facie, the findings recorded in the trial seemed to be “perverse” and “improper”.
It said the General Court Martial (GCM) had failed to consider various statements of witnesses, and relied only on certain evidence inadmissible in law.
“In our considered view, the evidence relied upon by the prosecution and accepted by the SGCM (Summary General Court Martial) in the present case is not convincing enough to hold the applicant guilty of the charges levelled against him. Prima facie, based on the material available on record we are convinced that the likelihood of the applicant being acquitted after hearing of this appeal cannot be ruled out,” it said.
Saying that Singh had already been in custody for about three years, the tribunal said it was a “fit case where, prima facie, the evidence available on record suggests that bail can be granted… by suspending the sentence,” adding that “…during the period the applicant is on bail, the sentence of imprisonment for life shall remain suspended”.
The tribunal said the totality of the evidence available on record clearly showed that there could not be any motive for Singh to kill the three civilians and conduct such an operation without the knowledge of his senior Officer.
It said after analysing the entire evidence, it had found enough material on record which pointed to “defects” and “perversity” in the findings recorded by the GCM, and selective picking of evidence for holding Singh guilty.
It said Singh’s statement was recorded during the Court of Inquiry (CoI) by the Board of Officers when he was in close arrest, and this was in violation of the Indian Evidence.
