Within days after the two boys were killed and one injured in firing in Bumai village, Chief Minister Omar Abdullah announced magisterial investigation by the District Magistrate, Baramulla. A lawyer Shafqat Nazir filed an RTI seeking status of the case and the actual findings that the magistrate made. On August 18, 2012 the lawyer was informed by the police that in the FIR 73 of 2009 filed under section 302 RPC at Sopore police station stands closed and challaned against sepoys Kamlesh Singh (2500917), Amar Singh (15417801), Preetam Singh (2496336) and Harvinder Singh (2493579) – all from 22 Rashtriya Rifles. The file, police informed him, is waiting for sanction for prosecution.
On November 21, 2012 the lawyer got an 80-page document offering the copy of the findings by the magistrate along with the necessary enclosures. Given the public interest involved in the case, Kashmir Life is publishing the main report, courtesy attorney Shafaqat Nazir.
Office of the DISTRICT MAGISTRATE, BARAMULLA.
Subject: Inquiry Report.
In the incidence of firing at Bomai Sopore on 21-2-2009 (Sunday), two youth namely Mohammad Amin Tantray S/O Mohammad Shabir Tantray R/O Bomai and Javid Ahmad Dar S/O Mohammad Ismail Dar R/O Muslimpeer Sopore got killed and another youth namely Nazir Ahmad Khaja S/O Ab. Gaffar R/O Bomai was critically injured. The public of the village Bomai and Sopore held a strong demonstration and filed an FIR in the concerned Police station under No. 73/2009 and also demanded thorough investigation to locate the facts. The public of the area alleged that the said youth were killed by the 22 RR located at Bomai and both the youth were innocent and were killed without any rhyme and reason. Taking cognizance of the complaint, the Hon’ble Chief Minister J&K ordered a magisterial inquiry to be conducted by the Undersigned (District Magistrate Baramulla) and fix the responsibility for such incidence which lead to death of 2 civilians and critical injuries to the third. consequent upon, the same order to this effect was issued by the divisional commissioner vide his no: Div com/PS/Bomai-incidence /2009. dated:22-02-2009 directing the undersigned to conduct thorough probe in the matter and furnish report withing 15 days.
Consequent upon the said order, notices were issued to the general public of Bomai where the incident took place to record their statement in case anybody was a witness to the incident. Simultaneously the concerned officer I/C PP Bomai were directed vide this office no.DMB/2009/PS 2471-72 dated 24-2-2009 to appear in person and record their statement. notice was also issued to the commanding officer 5 sector RR to ensure presence of company commander of 22 RR camp Bomai ad his JCO to appear in person before the undersigned for examination vide his office letter no. even dated 24-2-2009. The concerned Army commander of 5 sector RR instead of producing the concerned, filed preliminary objection to the said inquiry deposing therein that this office had no jurisdiction to seek the attendance of Army Officer/ personnel without the prior approval of the Central Government as they do not fall with the ambit of such inquires. However, an incidental report has been filed by the said Commander. This report for Annexure A to this report. through the medium of this report, the 5 sector RR has intimated that they had the preliminary information about the presence of terrorist in the said area and a cordon and search operation was conducted. they have also stated that division officer police post Bomai namely ASI Mohammed Ramzan who was returning from Tujjar Sharief had reported the presence o two terrorist in village Nathipora who were wearing combat fatigue under pheran they have also deposed that thye were informed by one Javaid Ahmed Zargar S/O Bashir Ahmad R/O Behrampora, Rafiabad who was moving in a bus from Tujjer Sharief to Bomai regarding the presence of two terrorists in the bus. as per their statement it was a result of this information that two parties with the strength of one JCO 18 other ranks (E Bomai company) and another strength of one officer and nine other ranks ex-Zaloora company both of 22 RR were sent to establish cordon around suspected house. they have also deposed that on reaching the spot they asked the group of civilians standing on the road to lift their friend: when a terrorist standing on the righ side (south of road) amongst the civilian opened the fire in which one civi;lian (on side north of road) was