Operation planned by then DIG Khoda… resulted in gruesome murders: probe report

After the killings,a Crime Branch investigation was conducted by then Additional SP Police Bachan Singh Choudhary,who submitted his report in 1998 and has since retired. His report too indicts Khoda. It cites extensively from statements of the survivor,the police driver and one of the security officers deputed with main accused Mohd Ashraf,a police informer. Excerpts:

Crime Branch,Jammu

Progress report in Case

FIR No. 7/96

Police Station,BHADERWAH

Some of the important witnesses were examined. The gist of their statements is given as under.

Talib Hussain,survivor

He stated that on January 3,1996,he along with Mohd Hussain [one of the victims was working at a brick kiln in Paranoo. At about 9.30 pm some uniformed persons called them at gunpoint… made him sit in a vehicle on Paranoo Road. He was blindfolded. He realised that after some time more persons were brought in but he could not see them. The vehicle stopped. All the armed persons got down and he was asked to walk towards the river Chenab. He was pushed from behind into the river,but he got stuck on a large rock,held on,rested,and then removed the blindfold. He heard gunshots and noticed that three-four persons were on the bank,picking up something he could not see. Then they left. The next day he managed to reach Pul Doda. He [with others went to Javed Makhdoomi,then SSP of Doda,and informed him. He stated that his statement was also recorded by the then SDPO,Bhaderwah. He knew Mohd Ashraf… identified him but didn’t know his associates.

Shadi Lal,police driver

The witness stated that he had been posted in Doda as driver of truck No JK02C 9597. Mohd Ashraf,a police source/informer,was known to him. Ashraf used to get a police vehicle and PSO whenever he wanted. On January 1,Shadi Lal was asked to go to Batote. Ashraf and his two PSOs desired to travel to Batote. Ashraf went to meet DIG Kuldeep Khoda at his residence.

On January 2,the driver had to go to Batote [from Ramban. Ashraf and his PSOs boarded the truck. At Batote,Ashraf went straight to the DIG’s residence. When Ashraf came back,the driver requested the DIG that [since he was carrying important records,Ashraf and party may be provided another vehicle. The DIG did not accept,ordered him orally to perform his duties with Ashraf up to January 4,and told him that the truck should remain at Ashraf’s disposal. After this,two more persons known only to Ashraf boarded the truck and they left for Doda. At the police post,Assar,Ashraf and his associates were supplied arms… In Doda,Ashraf asked him to remain ready for January 3. Ashraf and his associates went to the office of Additional SP Joginder Kaul. [The driver appeared before the Addl SP for instructions,he was told that he should perform his duties as per orders of the DIG. The party left for Bhaderwah.

Ashraf asked the driver to return to Doda [January 3. The witness stated he reached Paranoo at about 9 pm. They got down and after some time Ashraf and PSO Somnath brought one person,and then after some time brought three more persons and seated them in the back. Ashraf asked the driver to proceed. On reaching Pul Doda,Ashraf asked the driver to proceed towards Thatri. When they reached Prem Nagar,Ashraf got down along with the civilians and his associates,and asked the driver and the PSOs to remain till he returned. Ashraf took the civilians ahead on foot. After half an hour [the driver heard gunshots from the riverside. Ashraf and his associates came back after about one hour but none of the civilians were with them. Ashraf and party got down at Kishtwar police station.

On January 4,Ashraf asked him to proceed to Batote. Ashraf went to the DIG’s residence. The driver then met the DIG and informed him that Ashraf and his associates had picked up civilians from Paranoo and murdered them near Thatri and their bodies were thrown into the Chenab. The witness deposed that the DIG ordered the driver to produce Ashraf and his associates before the SSP,Doda,onJanuary 5. On reaching Doda,Ashraf went to meet the SSP and was directed not to move out [of the area. The driver later told the SSP about the killing.

Baldev Raj,Ashraf’s PSO

The witness stated that on January 2,two unidentified persons known to Ashraf appeared in Batote and they boarded the police truck along with Ashraf… At the police post,Assar,they were provided arms and ammunition.

On January 3,Ashraf asked the driver to proceed to Paranoo Doda [from Bhaderwah. At Paranoo,Ashraf stopped the truck… After some time they brought three civilians… On reaching Pul Doda,he asked the driver to turn towards Thatri. Ashraf along with his associates got down and took the civilians along. He asked the PSOs and the driver to remain… he would make certain inquiries with the civilians. After half an hour [the witness heard gunshots from the river and after one hour Ashraf and his associates returned and no civilians were with them.

On January 4 in Batote ,Ashraf went to meet the DIG. When Ashraf came out,the driver met the DIG. Ashraf again met the DIG and then came to Assar where his associates deposited their arms. On January 5,the SSP,Doda,called Ashraf where he deposited his arms. After one month Ashraf visited Doda where he was arrested in the case… [the witness got casual leave and could not join in time and consequently he was discharged. The witness had disclosed the incident to the SSP. The SSP had directed him to remain quiet.

FINDINGS

As per investigation it has transpired that:

1 main accused Mohd Ashraf,a surrendered militant,had gained free access to senior police officers including the then SSP,Doda,and DIG,Doda-Udhampur,used to travel in a police vehicle with PSOs provided by the police.

2His meetings with Kuldeep Khoda,then DIG,before and after the killings,are a grim pointer to the situation that such an irresponsible person was given such a long rope,by the then DIG… The DIG ought to have deputed a proper police contingent under the command of some responsible officers to accomplish the task if it was meant to contain militancy.

3The clout of Ashraf can be easily gauged from the fact that he had been issued a prohibited weapon (assault rifle). The collection of two more rifles with ammunition for his other two associates from the police post,Assar,under the garb of VDC members becomes all the more reprehensible when his two associates were not members of any such VDC at Assar.

4 The local police woke up and swung into action only when they came to know that the killings had caused widespread resentment among the public.

5 Destiny came to the rescue of Talib Hussain even after being thrown into the mighty river Chenab and that too in the dead of night. Had he too died,perhaps the death of these civilians would have remained a mystery to their kith and kin.

From the statements above,it has been established beyond the shadow of any doubt that the operation to get the militants surrendered or to get them captured by using the services of friendly militants was planned by the then DIG,Doda-Udhampur,Kuldeep Khoda (IPS),at present IGP Jammu Zone,Jammu,which resulted in the gruesome murder of three persons at the hands of Ashraf and his two accomplices.

Bachan Singh Choudhary,Additional SP,Crime and Railways,Jammu,January 16,1998

FLASHBACK

Triple murder

On January 3,1996,Fazal Hussain Dar,his teenage son Farid Ahmad,Mohd Hussain and Talib Hussain,all of Malani,Bhaderwah,are abducted,alegedly in a police truck. The first three are shot,their bodies thrown into the Chenab. Talib too is pushed in,but survives.

Cover-up

FIR No 7 at Bhaderwah police station puts cause of death as “kidnapped and killed by terrorists”. But police truck driver Shadi Lal’s statement to investigators,and during Crime Branch reinvestigation,indicates role of police informer Mohd Ashraf,who is arrested.

Family

In 1996,Fazal Hussain’s wife Nazeera Begum approaches NHRC alleging conspiracy by police officers. NHRC summons then DGP and IGP of Jammu,orders re-investigation. DGP initiates re-investigation by Crime Branch.

Re-probe

On January 16,1998,Additional SP (Crime) Bachan Singh Choudhary submits progress report on re-investigation,indicting Kuldeep Khoda,who was DIG (Doda-Udhampur range) at the time of the murder. Ten days after his report,which is sent to DGP,Choudhary relieved from Crime Branch.

On November 12,1998,fresh progress report by Addl SP Shikha Goel,who takes Choudhary’s place. Her report confirms several aspects of his,mentions tampering of evidence.

In court

In 1998,Bhaderwah Police Station challans case (with sessions court,Bhaderwah) without any reference to the NHRC intervention and subsequent reinvestigation by Crime Branch. During proceedings,police also turn against Ashraf,telling court he was involved in kidnapping of women and reprimanded by victims that led to enmity,and alleging the murders were an act of revenge — though the families of the victims repeatedly say they didn’t know Ashraf. At one point during proceedings,police reports Ashraf as having escaped,though he later resurfaces. On November 8,1999,judge Bihari Lal Bhat terms prosecution case strange,and acquits Ashraf of all charges.