Posts Tagged ‘Types of rape’

Muzamil Jaleel : New Delhi, Sun Jul 07 2013, IE
FPHabibullah was posted in J&K then
Wajahat Habibullah, chairman of the National Commission for Minorities, has said that the government “deleted important portions of his confidential report” on the Konanposhpora mass rape case in which he had recommended a police probe, upgradation in the level of investigation, entrusting the case to a gazetted police officer and seeking an order from the 15 Corps Commander to ensure Army cooperation in the probe.Habibullah was Divisional Commissioner, Kashmir when troops of 4 Raj Rifles allegedly raped 23 women in the village during a cordon-and-search operation on the night of February 23-24, 1991. The government used his report to give a clean chit to the Army.

More than two decades later, the mass rape case reared its head again last month after a Judicial Magistrate in Kupwara refused to entertain a police case closure report and ordered “further investigation by an officer not below the rank of a Senior Superintendent of Police” and its completion within three months.

“The Deputy Commissioner, Kupwara had received reports from the villagers of Konan that a mass rape had been committed in the village on the night of 23/24 February during cordon-and-search operations conducted by elements of the 4 Raj Rifles. He (Deputy Commissioner) had visited the spot on 5th March and according to his preliminary investigations, it appeared to him prima facie that an offence of monstrous proportions had been committed,” Habibullah’s confidential report stated.

“Consequently, on being approached by the DG, Police, J&K, the Corps Commander deputed Brigadier H K Sharma, Commander 19 Arty Brigade, to visit the village and report. The Brigadier made some local enquiries on 10/3 and came to the conclusion that the report (of mass rape) was baseless. His report does not, however, discuss in detail why he has altogether dismissed the statements made before him by a number of village women,” the report stated.

Habibullah said he visited the village on March 18, 1991, accompanied by Lt Col Naeem Farooqi, Commandant of the 76 Battalion of BSF Tyagi, the Deputy Commissioner and the Superintendent of Police.

“I found the allegations of mass rape exaggerated because the women of the entire village were saying they were raped. But I didn’t say nothing has happened. I thought perhaps the entire village had decided to say they were raped so that the victims do not have to live alone with this blot,” Habibullah told The Sunday Express.

“The paragraphs of my confidential report where I had recommended that the level of investigation be upgraded to that of a gazetted police officer so that this case is probed efficiently were taken out of my report. I had also asked that the Corps Commander should issue orders to ensure that the Army cooperates with the investigation because SP Kupwara had indicated that in other cases, he was not getting the required cooperation for investigation from the Army. That paragraph was also deleted.”

Habibullah said he had also recommended several measures that the Army needed to take during operations.

“When the report came out in the public, I did protest. I called up the Governor (G C Saxena). But I was already posted out of Kashmir by then,” he said.

But Habibullah’s explanation has not gone down well with human rights groups pursuing the case in Kashmir who question his role.

“His silence of 22 years makes him culpable of the cover-up. The contents of his report that were made public earlier prove he was actively trying to obfuscate the truth,” Khurram Parvez of the Coalition of Civil Society said. “He has always been pretending to be sympathetic to the victims of human rights atrocities in Kashmir. This report shows how he himself was hand in glove with the perpetrators while holding an important position in the administration in Kashmir”.

Habibullah’s confidential report is controversial because he said the veracity of the complaint was “highly doubtful” though the Deputy Commissioner and Station House Officer concluded that mass rape had taken place.

 

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Sunday, Jun 23, 2013, | Place: Srinagar | Agency: DNA

31 gangrape victims have now stepped out to drum up support.

Inside a jam-packed conference hall, a group of women with their faces covered, sobbed. Flashback of the horror of the 22-year-old mass rape of 31 women allegedly by army troops in Kunan Poshpora villages played in their minds.

“I dread that night when troopers entered my room and raped me,” said a woman with her face covered as tears rolled down from her eyes.  “I appeal for justice that has been delayed for so long.”

On the dais an emotionally charged old man broke down narrating the awfulness of the intervening night of February 23 and 24, 1991. A pin drop silence descended in the hall as people listened with rapt attention to their 22 year old ordeal.

Stigmatised and ostracised the villagers of the Kunan Poshpora had suffered it all. Some of the girls were rejected by their in-laws. Some of them suffered serious health ailments. Some of the children had to drop out after they were taunted by their fellow students.

“Five victims have died in the last 22 years. Justice is still a far cry. Every year we observe that day when we were subjected to inhuman treatment by the troops. Life has changed for us since then,” said Mohammad Amin, a village elder, while breaking down in the hall.

Amin and the masked women were part of the group who travelled from remote Kunan Poshpora village in border district of Kupwara to meet the media persons and civil society members seeking their support in their pursuit for justice.

This followed the order of the judicial magistrate Kupwara JA Geelani, who dismissed the conclusions of the police in the recently filed closure report and asked for “further investigation” conducted by an officer not below the rank of SSP within three months.

“Today we commit:  We will fight. We will not forget. We will not forgive. We will monitor the police investigations. We will extend absolute and complete support to the people of Kunan Poshpora when dealing with the further investigations,” said a spokesperson of Representatives of the Support Group for Justice for Kunan Poshpora.

Hundreds of students, women groups and civil society members had thronged to venue to hear the ordeal of the victims. Such was the charged atmosphere that people rose from their seats to give standing ovation to the face covered rape victims who stood ground for 22 years seeking justice from the mighty state.

Press Statement
 
18 June 2013
 
 
Today, on 18th June 2013, the Judicial Magistrate Kupwara J. A. Geelani, while dismissing the conclusions made by the police in the recently filed closure report in the case of Kunan Poshpora mass rape of 23-24 February 1991 returned the case file to the police, asking for “further investigation to unravel the identity of those who happen to be perpetrators”.
As the demand by us and the survivors was for the re-investigation by Special Investigation Team (SIT), headed by an officer of Senior Superintendent of Police (SSP) rank, the court while mentioning the lack of authority in ordering SIT, asked the further investigation to be conducted by an officer not below the rank of SSP and within a time bound period of 3 months.
On 10 June 2013, a protest petition was filed by Adv. Parvez Imroz on behalf of the survivors of Kunan Poshpora mass rape against the closure report of the Jammu and Kashmir Police, before the Judicial Magistrate, Kupwara. On 13 June 2013, the Chief Prosecuting Officer [CPO] filed objections, and today, oral arguments were made before the Magistrate.
The protest petition argued that the police investigations were incomplete and clearly mala fide as despite having the information on file regarding the involvement of 125 personnel of 4th Rajputana Rifles, the police had not questioned them and neither was an identification parade conducted. The Judicial Magistrate Kupwara while acknowledging the submissions made by us has mentioned in the judgment that, “Until date the investigating agency has not unveiled the identity of the culprits despite having a clear cut nominal role of 125 suspects”
The response of the State, through the CPO Aashiq Hussain was unsurprisingly bad in law, and deeply disrespectful of the victims of Kunan Poshpora. First, they argued that there was no right of filing a protest petition, a position unmindful of the law. Second, the State argued that the protest petition was being filed to allow other victims to get cash compensation, and that the victims appeared to have woken up after 22 years and the protest petition was barred by laches. While rejecting the submissions of the CPO, the Judicial Magistrate, Kupwara upheld the right to file the protest petition and further observed that, “The instant final report ought to have been forwarded to the Magistrate way back on 12thOctober 1991.”
After 22 years of cover-ups and delay, the State conveniently blocked the High Court PIL and now was shamelessly attempting to block the victims’ remedies before the Judicial Magistrate. Instead of taking the responsibility for delay and denial of justice, the State has chosen to malign the victims and choke any remedies for the survivors of Kunan Poshpora.
Today’s order is an achievement of the struggle of the Kunan Poshpora people along with those who supported their demand for justice. This will surely inspire many more victims of the recent past to wake up and fight for justice in their cases.
We reiterate our commitment that we will continue the struggle till justice is done. Now the Government should comply with the orders of the court and give up their reluctance of punishing the guilty.
Representatives of the support group for Justice for Kunan Poshpora
1.   Benish Ali
2.   Essar Batool
3.   Ifrah Mushtaq
4.   Samreena Mushtaq
5.   Usvah Rizvi
6.   Uzafa Basu
7.   Uzma Qureshi

8.   Rehanna Qadir

 

Nov 12, 2012   shopian, maps4aid.com

Description:

The residents of Kanjimulla village here in south Kashmir’s Shopian district held protest demonstrations after a girl was allegedly gang raped by one of her neighbours and his friends.
The district police lodged a case in this regard and investigation has been initiated.

“I was coming out of the washroom of my house Saturday evening when somebody threw chilly water over my face and forcibly bundled me into a Santro vehicle,” said the victim alleging that one of her kidnappers was her neighbor.

She said that her gun wielding kidnappers, one of whom she recognized as her neighbor, took her to some unidentified location where she was beaten up mercilessly and her clothes ripped apart.

“I was drugged and I felt unconsciously. I cannot remember whatever happened afterward,” the victim said.

She said that when she came to senses, she found herself at some unknown place.

People from a village in the neighboring Kulgam district said they found her in a half-conscious state.

“Her body was badly bruised,” the villagers said.

Soon the news of the incident went viral in the area and people took to streets demanding immediate arrest of the culprits.

The family of the victim alleged that one of their neighbors had done this because of animosity between the two families.

“We had some dispute with their family earlier and this person attacked and injured the victim then also. We lodged a police complaint back then too. However, police did not take any action,” said a relative of the girl.

Meanwhile, police, taking cognizance of the incident, lodged an FIR and initiated the investigation.