International forum for justice Human Rights (IFJHR) JK chairman Mohammad Ahsan Untoo in a statement said that the victims of the worst kind of state terrorism of sopore 6 january 1993 are waiting for justice which is being denied by the biased legal system supported by an aggressive and fascist indian government.
The Sopore massacre which claimed national and international print and electronic media, more than 75 lives hundreds of shops and residential houses were burned is glaring example of a planned genocide by occupational forces which the world and human rights organizations should take note of and act according to their conscience ,
Sopore Massacre
On January 6 1993, the Indian Border Security Force (BSF)personalsas per different media reports killed 75 civilians and burnt Sopore market, also known as Chota London (Little London). The massacre is seen as one of the worst massacres Indian forces carried out in Kashmir’s history.
The ‘TIME MAGAZINE’ had titled the news report on January 18, 1993 as “Blood Tide Rising”.
Eyewitnesses recall that fateful day; it was a chilly morning of 6th January 1993. Around 9:30 am, a small group of 3-4 militants attacked a platoon of Border Security Force (BSF) at Baba Yousuf lane resulting in killing of one of their troopers.
One of the militant’s snatched a service rifle from a BSF trooper.
It was at the very moment the BSF troopers went berserk. The common people had to pay for it. What followed was the biggest massacre of innocent people that Kashmir witnessed since 1990, when the armed rebellion against India broke out in Kashmir.
At around 9:55 am, just half an hour after the firing incident, the BSF unit of 94 Battalion stationed some five kilometers away from the Baba Yousuf Lane where the firing incident happened, came out of their barracks and resorted to indiscriminate firing upon the people in the most inhumane manner.
The BSF jawans later sprinkled the gun powder on the entire Sopore market and set it ablaze. As per figures from different sources, around 120 houses and 350 shops, including Women’s Degree College and famous Samad talkies, were gutted in the firestorm.
A group of firefighters told media that “We were held on gunpoint and not allowed to go further. We had to wait for 3 hours to start rescue operations. The troopers left no stone unturned to ensure that maximum numbers of civilians are killed.”
Eyewitnesses added that the BSF men fired upon SRTC bus, which was on the way from Sopore to Bandipora. “They (BSF men) set ablaze the bus. The worst part was that no passenger was allowed to come out the ill-fated vehicle.
Twenty-fivepersons were charred to death. They also fired upon the father and son who were loading goods on a truck,” the survivors of the massacre recall.
“I cannot forget the incident when a BSF man snatched a little baby from her mother’s lap and threw her into the flames and when the mother begged for her baby, she also was shot dead. This incident will haunt me till I am alive”, says an eyewitness, who survived this heinous massacre.
Police registers First Information Report (FIR):
Police registered FIR numbers 8/1993 and 9/1993.
Following the registration of FIRs, the investigations on 23 January, 1993, was handed over to CBI.
After the massacre, government also set up a one-man commission of inquiry on 30 January 1993 comprising of Justice Amarjeet Choudhary.
Between 30 January 1993 and 30 April 1994, the commission visited Jammu and Kashmir only once.
Justice delayed is justice denied
India’s top investigation agency Central Bureau of Investigation (CBI) took 20 long years to investigate the case. On 17 July, 2013, two separate closure reports were filed by CBI before the Hon’ble court of Chief Judicial Magistrate, Srinagar. But the report was not made public by the CBI.
On 1 April, 2012, Ahsan Untoo filed a petition bearing number SHRC/111/Sopore/2012, seeking investigation into the Sopore Massacre.
The SHRC directs the Director General of J&K Police and Deputy Commissioner Baramulla, to submit the compliance report of Sopore Massacre.
On 29, April, 2012, the Director General of Police submits the compliance report in which Police stated: “The Enquiries got conducted into the matter that on 06-01-1993, one Syed Mohammad Ilyas lodged a written report in Police Station Sopore to the effect that a firing incident took place at New Colony Sopore and after half an hour, the security forces fired at some people, passengers, shopkeepers, who were taken out of the vehicles/shops. The troopers set ablaze shops, residential houses and vehicles in main chowk Sopore including building of Women College Sopore. A number of civilians got killed and injured in the incident,besides property of crores damaged due to fire. Accordingly, case FIR No. 08/1993 U/S 302,307, 463 RPC was registered in PS Sopore. On the same day the security forces lodged a written report in P/S Sopore stating that militants fired upon their troops at Khushal Matoo to main Chowk in all directions with the result some troopers got injured. The fire was retaliated in self defence and due to explosion of explosive substance in the possession of militants several business establishments, govt institution, shops got damaged and a number of civilians succumbed to bullet injuries. In this connection, case FIR No 09/1993 U/S 302, 307, 463 RPC, 4(3) TADA, 3/25 AA, 4/5 ESA was also registered in P/S Sopore and investigation of both the cases were transferred to CBI New Delhi,” reads the police report.
However, on 17September 2013, Ahsan Untoo, who heads International Forum for Justice, Human Rights, submitted a rejoinder with SHRC, seeking to know whether the case was transferred to CBI, New Delhi on the Court direction or directly by the state government/ administration/police should produce the States-report of the said case before the SHRC.
Secondly, Police Station Sopore should produce FIR being lodged by the BSF with regard to the Sopore firing incident.
Thirdly, enquiry conducted by the then State government headed by the then sitting judge of Haryana/Punjab High Court, Justice Amarjeet Sigh its status report be submitted before SHRC.
CBI Confirms identity of casualties
The CBI in its report submitted before State Human Rights Commission (SHRC)confirmed the identity of 33 civilians.
The CBI report was filed against a petition filed by noted human rights activist and Chairman International Forum for Justice, Human Rights, Mohd Ahsan Untoo seeking direction from the SHRC to take cognizance of the massacre. Ahsan Untoo in his petition had produced a list of 53 civilians killed by the BSF. But the CBI in its verification report submitted to the Commission confirmed the identity of 33 persons killed in the Sopore massacre.
According to CBI, the list of 51 victims submitted by the complainant (Ahsan Untoo) was cross checked with the records collected by the CBI during investigation and it was found out that out the 51 persons, names of only 33figures in the investigation record.
On the directions of SHRC, the CBI submits its Status Report before SHRC on 21-10-2013.
The CBI in its report says that the Department of Personnel and Training, govt. of India, vide notification number 228/3/93-AVD.II dated 20-01-1993, entrusted investigation of the case to DSPE on the request of J&K.
On 13-01-1993, the case FIR No. 8/93 of P/S Sopore was handed over to Crime Branch, Srinagar for investigation as per the orders of Govt of J&K.
During investigation, the CBI report said that the injured witnesses were unable to identify the BSF personnel involved in the incident and they could not give the details of the firing and cross firing. As such, without proper identification it was not possible to ascertain the persons involved in the alleged incident. The complainant Mohd. Ilyas also didn’t come forward before CBI to substantiate the charges leveled by him in the FIR. Therefore, it could not be established during investigation who killed the 44 civilians and injured 14 persons during the said incident as alleged.
CBI says BSF’s Court Martial punished erring cops
However, CBI report further said that an enquiry was initiated by BSF, General Security Force Court and BSF communicated the result of inquiry proceeding via letter no. 06/1/93-CLO/BSF/5733 dated 11/10/2001, wherein it has been mentioned that erring BSF officials/officers have been tried by the Court Martial under Border Security Force Act, 1968 for commission of offences u/s 304, 307 and 436 RPC r/w Section 34 of RPC were punished and sentenced accordingly.
Justice Amarjeet Chaudhary Commission could not probe
Furthermore, a one-man Commission of Inquiry headed by Justice Amarjeet Chaudhary was also set up by Govt of J&K. Efforts were made to secure a copy of report of the said enquiry, but it was intimidated by A K Srivastava, Director, Deptt. Of J&K Affairs, Govt of India, New Delhi that the term of the Commission of Inquiry into the Sopore incident by Justice Chaudhary had expired on 30-09-1994 and was not extended thereafter. Since the enquiry could not be started by the Commission of Inquiry, there was no question of submission of any report by it, says the CBI in its report.
CBI Closes investigation
The CBI concludes that more than 20 years have already elapsed and thorough probe into the incident, covering all the aspects of investigation has been made but could not yield any result for the reasons mentioned above.
The accused BSF personnel have already been tried for the alleged offences by the competent court established by law, and have been convicted and sentenced. The CBI, in view of the aforesaid facts and circumstances files two separate closure reports of the case before the court of competent jurisdiction on 17-7-2013.
Another rejoinder by IFJHRJK raises several questions
While CBI has closed the case, the IFJHRJK chairman Ahsan Untoo filed another rejoinder to CBI report on 03-12-2013.
Untoo in the rejoinder questioned CBI for its fair investigation. “There has been no proper, fair, effective and independent investigation, and in fact, the CBI appears to be invested in shielding the perpetrators in the instant case, i.e. BSF.”
Also, the CBI in its response has stated that none of the local people/eye witnesses in this case “volunteered to come forward”. This statement is false and a complete misrepresentation. Further it causes prejudice to the victims, survivors and the eyewitnesses in this case who have at all times sought to cooperate with the investigation process. In fact, the investigative agencies, particularly CBI, have at no point sought to contact the victims/survivors and eye witnesses. The petitioner in the instant case has knowledge of numerous persons willing to cooperate with the investigations even on today’s date. Therefore, the representations of the CBI that cooperation was not forthcoming in this case is completely false.
On 31-12-2017, CBI submits another report in SHRC. However, in this report the CBI, unlike in the earlier submitted report, has admitted that 51 civilians were killed, along with their names.
The names of victims that figure in CBI investigation list are:
Abdul Majid Sofi, 35, S/o Ghulam MohiddinR/o KrankshiwanSopore
Abdur Rashid War S/o Ghulam Muhammad War R/o Tujarsherief, Sopore
Abdul Khaliq Malik S/o Ghulam Mohi-ud-Din R/o Arampora
Abdur Rashid Sofi S/o Abdul Jabbar R/o Wanagam, Bandipora
Abdul AhadLiloo S/o Razzaq Liloo R/o Muslimpeer, Sopore
AbdurRazaqChalkoo S/o Ghulam Muhammad R/o Bemina Srinagar
Bashir Ahmad Shalla S/o Ghulam MohdShalla R/o Shallapora, Sopore
Farooq Ahmad Banday S/o Abdur Rashid R/o Sangrampora, Sopore
Ghulam Nabi Zargar alias Shaheen S/o QadirJoo R/o BadamibaghSopore
Ghulam Muhammad War S/o Muhammad Sultan R/o Tujarshrief
Ghulam Nabi Bhat S/o Abdullah Bhat R/o KhwajaGilgitSopore
Gulzar Ahmad Sheikh S/o Muhammad Abdullah R/o Shahabad Sopore
Ghulam Mohi-Ud-Din WaniS/o Assadullah R/o Nathpora, Bandipora
Gh Mohd Wani S/o Abdul Khaliq Wani R/o Iqbal Nagar Sopore
Javid Ahmad Dar S/o Abdul Salam Dar R/o Iqbal Park Sopore
Ghulam Rasool Sofi S/o Muhammad. Sultan R/o Langate Handwara
Ghulam Muhammad Hajam S/o Abdul Gaffar R/o MohallahHajampora,
Mohd Hussain Mir S/o Ghulam MohiddinR/o TawheedGunj Baramulla.
Haji GhMohd Sheikh S/o Abdul Jabbar R/o Krankshowan colony Sopore
Habibullah Mir Son-in-law of Hamzah Mir R/o Ladoora Sopore
Mohd Ashraf Karnai S/o Ghulam Hassan R/o Khanqah-e-MoulaSopore
Mohd Sultan Lone S/o Abdul Kabir Lone R/o Radbug Kupwara
Mohd Ashraf Mir S/o GhQaddir R/o AshpeerSopore
Mohd Ayoub Balkhi S/o KhazirMohd R/o SangramporaSopore
Mohd Maqbool Dar S/o Abdul Kareem Dar R/o MuslimperSopore
MstMisra Begum W/o Asadullah R/o HathlangooSopore
Nisar Ahmad Shahri (Sheikh) S/o Wali Mohd Sheikh R/o Umar Colony Baramulla
Zahoor Ahmad Khan S/o MohdShafi R/o ShalporaSopore
Mohd Ashraf Kangoo S/o Gh Hassan KangooR/oKhanqah-e-MoulaSopore
MohdSayedullahParray S/o RahatParray R/o AadiporaSopore
Mohd Altaf Ganaie S/o Ghulam Rasool R/o Krankshan colony Sopore
Bashir Ahmad Wani S/o Gh Hassan Wani R/o IndergamPattan
Sonaullah Rather S/o Ahad Rather R/o ShahgundSonawari
Persons who figure in the list provided but don’t figure in the investigation
Abdul AhadKanjwal R/o Muslimpeer
Ghulam Muhammad Khan, Bus Driver R/o BongamBandipora
Abdul AhadShalla R/o Shallapora
Ghulam Mohd Khan Bus driver R/o WangamBandipora
Ghulam MohdHajam S/o Abdul Gaffar R/o Sopore
Mohd Ismail Bhat alias Darapira S/o Gh Ahmad Bhat R/o ChanakiporaSopore
Javid Ahmad Shalla S/o Mohd Saleem R/o SangramporaSopore
MohdShafiPaitgaroo (Bitta) S/o Abdul Khaliq R/o Iqbal Nagar Sopore
MohdSubhanGanaie R/o Aarmpora Sopore
Mohd Ashraf Kanjwal S/o Gh Nabi R/o Kanikadal Srinagar
MohdSidiqMahigeer R/o Halmatpora Sopore
Mohd Ashraf Gudoo alias Bitta S/o GhMohdGudoo R/o BabarazaSopore
Mushtaq Ahmad Shalla S/o Abdul AhadShalla R/o ShalporaSopore
MohdSubhan Mir S/o GhMohiddin R/o Chanakipora
Gundi Bali (lineman) R/o Baramulla
Mohd ShafiGanaie R/o ArmporaSopore
Shahzad Ahmad Shalla S/o Ab RazaqShalla R/o ShalporaSopore
Tariq Ahmad Mir S/o Abdul Salam R/o New Colony Sopore
Zahoor Hussain Khan (Teacher) R/o Seer JageerSopore
Ghulam MohdWani (Bitta) R/o Naseembagh Baramulla
The CBI has also disclosed the names along with the nature of punishment of the BSF personnel indicted by the General Security Force Court.
SI Sudama Rai — forfeiture of 3 years of service for the purpose of promotion and Severe Reprimand.
LNK (now HC) Raj Kumar— forfeiture of 1 year of service for the purpose of promotion, pension and Severe Reprimand.
Ct Chur Chand Sharma— 3 months rigorous imprisonment in Force Custody.
Ct Tej Raj Sharma— 3 months rigorous imprisonment in Force Custody.
Ct Rajender Kumar— 3 months rigorous imprisonment in Force Custody.
Ct Mohan Singh— 3 months rigorous imprisonment in Force Custody.
Ct Vachaspati Sharma— 3 months rigorous imprisonment in Force Custody.
Prakash Badal (AC)— was tried by a separate GSFC U/s 40 of the BSF for an act of omission prejudicial to good order and discipline of the force and was sentenced to forfeiture of 06 months of service for the purpose of pension and was also severely reprimanded.
HC S N Singh — expired during pendency of disciplinary case, hence no action could be taken against him.
Ct Mohan Singh was dismissed from the service by his Unitw.e.f 26-12-1996.
Further, administrative action was taken against BB Joshi, Ac by way of issuance of IG’s displeasure. The charges against Sub Ajaib Singh and SI Charan Singh were dismissed after completion of the trail of SI Sudama Rai and 6 others as no cogent evidence came against then even at the trail of SI Sudama Rai and 6 others.
Eyewitnesses recount the horror day
Twenty-four years after the incident. Ali Mohammad, then 52, the only survivor in the ill-fated bus recalls the “carnage will haunt me till death”.
“Many years have passed but I can still hear the screams of people. I remember the face of a former bus conductor who was talking to me before he was shot dead. I can’t forget another youth who was gunned down outside the cinema when he ran for his life. I can’t forget how people entered the shops to save their lives but were charred alive,” Mohammad said.
“Boondh daalo saalon ko (kill all these…),” the officer leading the party, Mohammad said, ordered his men. “We were silently watching troopers firing in all directions. Suddenly karakulli cap of my friend Abdur Rashid, the former conductor, fell down.
Family members of the victims recall the hardships
Jahangir Ahmad was then 16 years old when his father Ghulam Rasool Shaala, fell to the bullets on that fateful day.
“I was studying in class 7th.We are two brothers and two sisters. Nobody visited us since then,” he said.
He says, “My father was only son of his parents. So, after his killing, our grandfather lived a life of hardships. He raised us by working too hard. Later, he lost his eyesight. My grandmother also died after a year. She could bear the loss of his lone son.”
IFJHRJK came into existence in 2000.
“We started it from the year 2000, when Special Task Force and other government forces were killing innocent civilians. After that we started filing petitions with SHRC, NHRC and other courts and international human rights organisations,” said chairman IFJHRJK Ahsan Untoo.
According to Untoo, he has until now filed 9543 petitions. “The petitions involve RR, Police, Army, ITBP, renegades, STF, and other forces and the incidents that have happened in the name of unknown gunmen.”
Presently there are 183 petitions which are under process in different courts and Commissions, while the rest have been disposed off.
“In most of the cases with SHRC, the people have been given ex-gratia relief and other sort of compensations,” he said.
However, Untoo is not happy with the functioning of National Human Rights Commission of India. “The NHRC mostly favors the state forces. When we file a petition, it writes to the concerned quarter to file the report. And later trusts the particular quarter’s version. No force will admit that they were involved in any criminal activity. I am not happy with the functioning of NHRC,” he said.
Untoo also questions the working of Amnesty International and Human Rights Watch. “I don’t find them serious in it…They have documents and contacts here… they talk to journalists…. But I don’t find that that act as a serious pressure group,” he said.
The case of Sopore Massacre is set for the hearing on February 13. . The IFJHRJK Chairman Muhmmad Ahsan Untoo had filed cases in high court of jammu kashmir but their has been no action .Then a case was filed with state human rights commission and before they could deliver the judgement it was closed septumber 2019, and thus all roads leading to reach justice were blocked and closed The Chairman appeals to the head of united nations human rights council and other organizations like Amnesty International and Asian watch to take effective steps so that india is punished for its crimes in Kashmir and the peoples faith in human rights and global justice system is restored.
