critically injured and in the resultant cross firing, as per the statement of army, two more civilians were injured in cros firing. however, the terrorists managed to escape.
On 24-02-2009, in pursuance of the notice issued by this office, a large number of witnesses appeared before the undersigned to record their statements. In aggregate 37 No of statements were recorded on the dates fixed i.e. 24-02-2009 to 28-02-2009. in 28 number of statements, the witnesses have straightway stated that army vehicle reached the spot of occurrence asked the public who were moving on the road to lift their Pheran and before they could do so, the army personnel opened indiscriminate firing at the public moving on the road resulting on the spot death of two persons namely Mohamad Amin Tantray S/O Mohammad Shabir Tantray R/O Bomai and Javaid Ahmad Dar S/O Mohamad Ismail Dar R/O Muslim peer Sopore and critical injuries to another namely Nazir Ahmad Khaja S/O abdul Gaffar R/O Bomai.
In 28 statements of witnesses they have deposed similar facts.
Out of total number of 37 witnesses who deposed before the undersigned, only in 06 number of statements the witnesses have deposed in converse. Pertinent to mention here, that those who have deposed in converse do not belong to the said village but are from different villages far of Bomai village. Also as pr their statement, they heard a fire from paddy filed on the right side of road where as the killing took place as per the spot examination and report of police on the road itself. 28 persons who have recorded their statement against the army have also stated that prior to the opening of fire by the army, they did not hear any gun shot from any side which could compel the army to open fire nor they saw any person with any gun or a pistol moving in that area or in the crowd walking on the road.
One of the persons namely Shabir Ahmad Lone S/O Ghulam Mohammad Lone R/O Tujjar Sopore who has recorded his statement has stated that he saw one person with pistol who fired one shot with it and thereafter the incident took place. However as per the seizure memo produced by the police, which forms Annexure “B” to this report, there was no blank cartridge of pistol found any where on road or paddy field. Number of persons who have recorded their statement against the army have also deposed in their statement that immediately after firing by army on innocent civilians, one officer Major Ranvir of 22 RR reached the spot and tried to pacify the people by saying that army had committed a mistake and guilty personnel would be punished.
Statement of Javaid Ahmad Zargar who as per the report of army informed the 22 RR about the presence of militants in the bus was also recorded which form Annexure “C” to this report. As per this report, he had gone to Tujjer Sharief festival where he saw three persons, one of them moving with a pistol who approached him to board the Matador, on way towards Bomai, the vehicle stopped near Bomai camp where he got down and informed the RR unit about the presence of militants on the roof top of the bus which was over crowded. While he was informing army, these three persons jumped and ran away towards Bomai. As per his statement, he further deposed that the army seeing these persons running, chased them in a vehicle. On reaching spot of occurrence, one of the persons fired and in retaliation, there was a cross firing in which two civilians were killed and one injured.
The DO of Bomai Chowki was also examined and whose statement has been recorded, has categorically stated that he had no information about the presence of militants at Tujjar or Bomai nor he informed the army about the same. also as per his statement, no blank cartridge of any pistol or any gun other than the AK 47 blank cartridges used by the army were recovered from the spot. his statement forms Annexure “D” to this report.
As per the seizure memo which forms Annexure “E” to this report, 39 blank cartridges of AK 47 bearing no. 321/96, 322/97, 323/88 and 324/99 inscribed on the percussion cap of blank cartridges were recovered from the spot which as per the police reports belongs to army. a communication was also sent to CO, 5 sector RR to confirm whether these cartridges bearing numbers mentioned above of AK 47 were allotted to the unit or not, but the army had refused to provide this information. however, the number of percussion caps of blank cartridges which have been seized by the police on spot are in sequence starting from 321/96, 322/97, 323/88 and 324/99 which prima-faciely establishes that these cartridges were procured and provided to the said unit of 22 RR.
