Mushtaq Ahmad Dar

Dar was abducted by army personnel in 1997 from his home in Srinagar. Dar worked in a bakery.

– His family never saw him again

In the case of Mushtaq Ahmad Dar, it took the police 12 years to register a complaint and investigate their enforced disappearance.

Dar was abducted by army personnel in 1997 from his home in Srinagar – his family never saw him again. Dar worked in a bakery. The army personnel who took him away accused him of being an informer for armed groups, and harbouring arms and ammunition.

Family members said they attempted to register complaints at multiple police stations in Srinagar the day after the incident. Dar’s mother said she approached two police stations, the second of which she believed had registered a complaint, although she did not receive a copy of the written record, as required by Indian law.

After two years of inaction by the police, the family of Mushtaq Ahmad Dar filed a writ petition before the Jammu and Kashmir High Court in 1999, demanding to know his whereabouts, and seeking an enquiry into his disappearance and financial compensation. The Jammu and Kashmir High Court ordered a judicial enquiry on 2 May 2000.

The report of the enquiry, completed on 18 July 2000 stated: “Mustaq Ahmad Dar was lifted by 20 Grenadiers of the Army camped at Boatman Colony Bemina on 13 April 1997 and thereater disappeared.”  Based on the findings of the enquiry, the Court ordered police to register a case and investigate Mushtaq Ahmad Dar’s abduction and subsequent disappearance. Despite the order, there is still no record of a case being registered until 2009, more than six years after the court order. The reasons for the delay are unknown.

Investigations into Mushtaq Ahmad Dar’s disappearance were completed in 2012 and the case forwarded to the Ministry of Defence for grant of sanction to prosecute. The case was being considered by the Ministry of Defence as of March 2013. No decision has yet been issued, to the knowledge of the family or their lawyer.

THE PETITION

Fifteen Kashmiri families who lost their loved ones in cases of human rights violations by the security forces in Jammu and Kashmir are urging the Ministry of Home Affairs and Ministry of Defense to ensure the right to truth for victims, their families and affected communities and ensure that they have access to full disclosure about human rights violations. The families want both the ministries to:

1. Make informartion available related to all 15 cases highlighted by Amnesty International India on this digital platform.

2. Make information pertaining to the proceedings, verdicts and sentences of courts-martial and security force courts publicly accessible including through the Right to Information Act, 2005 and by other means including an online database

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