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Cases of Custodial Killings, Rape and Torture Against Army Personnel

Hindustani78

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Ministry of Defence
05-May, 2015 17:00 IST

Cases of Custodial Killings, Rape and Torture Against Army Personnel

The details of complaints of custodial killings, rape, torture and enforced disappearances against army personnel received by the Army Head Quarters from different sources during last three years are as under:-

Year - 2012
Assam - 20
Manipur - 04
Arunachal Pradesh - 02
Tripura - Nil
J&K - 04
Total - 30

Year - 2013
Assam - 11
Manipur - 03
Arunachal Pradesh - Nil
Tripura - Nil
J&K - 10
Total - 19


Year - 2014
Assam - 07
Manipur - 07
Arunachal Pradesh - 02
Tripura - 02
J&K - 05
Total - 28

The information relating to cases filed in all the Courts throughout the country is not centrally maintained. During the last three years, request for prosecution in respect of following two cases in North East under Armed Forces (Special Powers) Act, 1958 has been received:


Prosecution Sanction Against
Captain Tejpratap Singh and Others of 8 SIKH Regiment in connection with Harangajao PS case No 05/2008 U/S 448/302 IPS

Allegation
Killing of Shri Projit Langthasa

Date of incident
24.02.2008


Prosecution Sanction Against
Lieutenant Dhaka Naveen Kumar and Others in connection with Algapur PS case No 243/2010 U/S 365//302/IPS

Allegation
Death of Shri Ikbal Hussain Laskar

Date of incident
09.10.2010

Pursuant to newspaper reports about killing of innocent civilians in an operation launched in general area Katwari Forest (Kalaroos-Machhil Sector, J&K) from 30.04.2010 to 02.05.2010, a Court of Inquiry was ordered and subsequently disciplinary actions have been taken against 14 Army personnel.

The lists of cases filed in High Court of Jammu & Kashmir is as follows.
Cases Registered in 2012 ( 03 Cases):

1. Title -OWP 195/2012 Gh Mohd War vs State and others

Date of Incident - 23rd April 1996

Allegation - Custodial killing

Current Status - Reply Affidavit filed has denied allegations. Police have filed Status Report on 28th January 2014 of challan of case and of sanction being sought from Central Government for prosecuting Maj. Duhoon.



2. Title - OWP No 412/2012 Abdul Salam vs UOI

Date of Incident - 13th August 1993

Allegation - Disappearance

Current Status - Reply Affidavit filed on 3rd August 2012. During Hearing on 3rd December 2013, Reply Affidavit by Army taken on record. Last heard on 19th February 2015. Next date not fixed.


3. Title -OWP 894/2012 Mst Fazi Vs State of J&K

Date of Incident - 14th July 2012

Allegation - Disappearance

Current Status - Reply Affidavit filed on 17th September 2012 has denied the allegations. Case last heard on 5th February 2015. Case listed for Hearing in March 2015.


Cases Registered in 2013 ( 05 Cases):

4. Title - OWP 332/2013 Mst Farida V/S UOI

Date of Incident - 23rd June 2003

Allegation - Disappearance

Current Status - FIR No 08/2005 registered by PS Kothibagh on directions of CJM, Srinagar & investigation in progress. Reply Affidavit filed on 8th August 2013. Court directed IGP on 10th October 2013 to file Status Report. Last Hearing on 18th February 2014. Case not listed since then.


4.Title - OWP 332/2013 Mst Farida V/S UOI

Date of Incident - 23rd June 2003

Allegation - Disappearance

Current Status - FIR No 08/2005 registered by PS Kothibagh on directions of CJM, Srinagar & investigation in progress. Reply Affidavit filed on 8th August 2013. Court directed IGP on 10th October 2013 to file Status Report. Last Hearing on 18th February 2014. Case not listed since then.


5. Title - OWP 1559/2013 Abdul Rehman Beigh VS UOI Others J&K

Date of Incident - October 2001

Allegation - Disappearance

d to State to grant compensation has been challenged by the State through an SLP in the Apex Court. Case last heard on 23rd February 2015. No fixed date for next Hearing.

Current Status - Came up for Hearing on 4th November 2013. Court directed filing Reply Affidavit within four weeks. Last listed on 11th August 2014 but not heard. No fixed date for next Hearing.



6. Title -OWP 1534/2013 Ab Ahad Shah & Ors vs UOI & Others

Date of Incident - 24 February 1991

Allegation - Rape

Current Status - Court directed to State to grant compensation has been challenged by the State through an SLP in the Apex Court. Case last heard on 23rd February 2015. No fixed date for next Hearing.


7 . Title OWP 1782/2013 & CMA 2471/2013 (REGD IN 2013)

Date of Incident - 15/16 October 1999

Allegation - Disappearance

Current Status - Parawise comments being filed by Legal Cell, HQ 16 Corps.



8. Title -OWP 266/2013 & CMA 329/2013 titled Mst Safiya Begum v/s UOI & Ors

Date of Incident - 3rd October 2003

Allegation - Custodial killing

Current Status - Case under progress. Reply Affidavit is being filed.

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