Machhil One happened on Aug 22, 2009
Two middle-aged civilians found killed in fake encounter by Pathania’s troops

Ahmed Ali Fayyaz

SRINAGAR, Jun 10: Sifting the debris of dubious operations by Army in Kupwara district, Jammu & Kashmir Police have discovered that Commanding Officer Col D K Pathania’s troops had killed two middle-aged civilians in a fake encounter at Sonapindi in Machhil sector and labeled them both as ‘infiltrating militants’ on August 22, 2009, when the state Legislative Assembly was in session and the opposition PDP had raised a storm over human rights abuse by security forces in Jammu & Kashmir. Much like the lately exposed fake encounter of April 29, 2010, in which three civilians of Rafiabad area were killed, troops of 4-Rajput had got the slain civilians buried at a community graveyard at Kalaroos.

Highly placed authoritative sources revealed to Early Times that on the orders of Chief Minister Omar Abdullah, a number of government agencies, including Jammu & Kashmir Police, had begun a thorough investigation into more than a dozen “operations” in which Army had claimed to have killed three dozen militants in July and August 2009 and April and May 2010. Minute details of these dubious operations are now under scanner. While photographs of the slain “militants” are being examined and witnesses interrogated, exhumation of dead bodies and DNA matching with family members of all the civilians missing in north Kashmir since March 2009 are likely to take place in a couple of weeks.

According to these sources, all the civilians and counter-insurgents, besides a number of local Territorial Army recruits, working as informants and helpers of Police and security forces, are likely to be questioned with regard to their role in such dubious operations. “Army top brass is now convinced that a couple of erring units and officials should not be allowed to make all counter-insurgency operations of security forces dubious in Kashmir”, said a senior official source.

With the advantage of confidential inputs from varied quarters, government agencies have discovered that much like the fake encounter of April 29/30, 2010, in which three young civilians of Rafiabad area have been found killed, troops of 4-Rajput had committed the cold blooded murder of two middle-aged civilians and dubbed them both as ‘infiltrating militants killed in an encounter at Ring Bala, in Sonapindi area of Machhil’ on August 22, 2009. This fake encounter has been found to have occurred at a time when the opposition PDP had raised a storm over abuse of human rights by security forces to press its demand of demilitarization.

Even as both the partly grey-bearded civilians killed in the fake encounter are believed to be Gujjars, in their mid-40s, investigation is underway to find the details of all civilians who had disappeared in mysterious circumstances in north Kashmir in the months of July and August 2009.

In his letter No: 1027/AAR/G dated 23-08-2009, Naib Subedar Ajay Singh of 4-Rajput Regiment has reported to Police Post Kalaroos that his battalion had carried out an operation on the inputs received from 160 Bn TA at GR 148764 on August 22, 2009, and killed two “terrorists” in an encounter. He claimed that two AK-47 rifles, one pistol, one revolver, one UBGL, one radio set and Pakistani currency worth Rs 520 was recovered from the site of “encounter”.

On the Daily Diary report No: 12 dated 23-08-2009, registered by Police Post Kalaroos, Police Station Kupwara registered FIR. Investigation was assigned to ASI Ghulam Mohi-ud-din. While Police completed certain basic formalities, including a spot examination and clicking the photographs, both the unidentified dead bodies were handed over to Ghulam Ahmed Bhat S/o Abdul Gani Bhat, Vice President of Auqaf Committee at Kalaroos. Like in many operations, Army refused to hand over the arms and ammunition, claimed to have been recovered from the slain “militants”, to Police.

According to these sources, Police closed the investigation like many of such incidents, as the dead bodies were declared by the Army as those of “infiltrating militants” and there was immediately nothing to suggest contrary to the Army claim.

In seven operations, troops had claimed to have killed as many as 26 militants in July and August, 2009, in Kupwara district. Even as some of these operations, particularly the one in which one JCO and two more soldiers had died, are believed to be genuine, Police and its sister organizations are said to be in possession of “concrete evidence” to establish that a number of persons killed in these “encounters” were “innocent civilians”. Most of the victims are believed to be those who worked with Army or Police or both.

Most of these operations in July and August 2009 had occurred in Sonapindi Galli, Keran, Karnah, Meelyal Forest, Bangus Forest and Rashanpora forest area.

Sources said that while removing Commanding Officer, D K Pathania, and Maj Upender from their battalion, that has lately moved out and settled in Meerut, Army has directed both the officers to be available in Kashmir for the two inquiries being conducted by a Brigadier and Police separately. Sources confirmed the Early Times disclosure that the 4-Rajput officers had carried out the dubious operation of April 29, 2010, only to claim source money of Rs 6.00 Lakh on account of killing three “militants”. The reward money has been found to have been shared between Pathania, Upender and three of their Kashmiri helpers, including a soldier of Territorial Army.

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