On 29-02-2009, the scene of the occurrence was also examined by the undersigned along with DSP HQ Baramulla and DO PP Bomai. Consequent upon this a site plan has been prepared which emphatically indicates location various coordinates and the distance of army vehicle from the place where the civilians were killed which forms Annexure “F” to this report. as per the spot examination, the distance from the place where from the army personnel fired and the place where people died varies between 10 to 30 feet. Undersigned also examined the bullet marks on surrounding chinar and walls on either side of the road.
Very clearly the examination reveals that the bullets were fired at the height of 4 to 5 feet which means these bullets were fired to kill and hit the vital parts of the body and not to injure anybody. All the witnesses who have recorded their statement and who were present at the time of occurance also showed the undersigned the place where they were either sitting /standing which reveals that the witnesses at that time were busy in buying medicines or other material from shops or having tea on te road in the immediate vicinity of the scene of occurrence.
The medical report which forms Annexure “G” to this report also indicate that the bullet injuries on throat of abdomen and chest which means that the firing was done straightway to kill the innocent civilians.
From the report of police, statement of witnesses, brief history of the case filed by the army and the medical report and spot examination, the following conclusion is drawn:
1. that the statement of army, that DO Bomai had confirmed the oresence of militants at Tujjer / Bomai is not based on facts. The DO Bomai has categorically denied it.
2. that no blank cartridge of a pistol or any other gun as deposed by one of the witness namely Javaid Ahmad Zargar was recovered from the scene of occurrence or around the vicinity which belies the claim made by the army that it was a case of cross firing.
3. that it was a case of failure of command and control on the part of army. The SOP which lays it mandatory upon any security forces including army tp associate /inform the concerned police unit about any counter insurgency operation was not adhered to or followed.
4. that some of the witnesses who had tried to depict that they saw some body or heard some gun shot do not belong to village Bomai and instead came from various places other than the said village.
5. that even if it is presumed by any stretch of imagination that there was fire directed on army from amongst the public yet it was incumbent upon them to exercise restraint before opening indiscriminate fire when a large number of persons were either standing in front of them or walking on the road. There was no precision fire but it was a complete indiscriminate firing which resulted in death of two civilians and critical injuries to another.
6. all the three persons out of which, two died and one got injured and is striving for life in hospital have nothing adverse against them in police records relating to militancy.
Hence the report is submitted for favour of information and further necessary action.
District Magistrate,
Baramulla.
No: DMB / Inq / Bomai / 2009 / 2498-99
Dated : 01-03-2009
