The Special Investigation Team (SIT) of the state police constituted for investigating the murder of Tufail Mattoo, 17, submitted its report on November 30, 2012 and declared his killers as untraced. Tufail’s murder triggered the 2010 unrest which claimed 125 lives, most of them were in teens. The SIT was formed after the state High Court directed the Director General of Police to constitute a team headed by police officer not below the rank of SP.
Kashmir life publishes the SIT report.
IN THE HON’BLE HIGH COURT OF J&K AT SRINAGAR
Manzoor Ahmad Mattoo V/S State of J&K & ors.
Pet U/S 561-A No.144/2011
I,Tahir Sateem Khan S/Q Ghulam Din Khan R/O Baramulla presently posted as l/C SP City North Srinagar do hereby submit the compliance of order dated 12-11 -2012
Facts of the case ;-
On 15-07-2010 P/S Nowhatta received a docket from SHO P/S M.R.Gunj through District Police Office Srinagar to the effect that on 11-06-2010 at about 1700 hours after conclusion of Friday prayers, miscreants in large number appeared on Nallamar Road Rajourikadal Srinagar and started pelting-stones upon Police/CRPF personnel deployed for maintaining Law and Order in the area. During the incident, the miscreants kidnapped Constable Mushtaq Ahmad No.2050/5 (Escort personnel of l/C P. P. Urdubazar) along with his service rifle with intention to kill him .The Constable was ruthlessly beaten by these miscreants and left in an unconscious condition who was later on hospitalized by some civilians. Reportedly during the said stone pelting incident one unknown person had got injured. On this lnf0rmtion Case FIR No.70/2010 U/S 307,364,392,148,149,336 RPC was registered in Police Station M.R.Gunj and investigation taken up.
During the investigation of the instant case one dead body was recovered from Mortuary of PCR Srinagar which was later on identified as of Tufail Ahmad Matoo s/o Mohammad Ashraf Matoo r/o Saidakadal Rainawari. Postmortem of the dead body was conducted in Police Hospital Srinagar by a learn of Doctors and autopsy report received from concerned Doctors reveal that the death of Tufail Ahmad Matoo was caused due to High Velocity Projectile fire arm injury. During the course of investigation it has come to lime light that the deceased had received injury near Gani Memorial Stadium Rajourikadal within the jurisdiction of P/S Nowhatta.
On receipt of the docket. Case FIR No.45/2010 u/s 302RPC was registered in Police Station Nowhatta on-15-07-2010 and investigation taken up by the then SHO SI Mohammad Jamal.
1. During investigation process, I/O visited the spot, prepared site plan and collected relevant documents from P/S M.R.Gunj and subsequently prepared seizure memos.
2. Two civilians namely Mohmmad Maqsood Bhat s/o Abdul Rahim Bhat and his wife Mst. Atiqa r/o Rajourikadal came forward with the statement that they are eye witnesses to the incident but they will get their statements recorded only before the Hon’ble Court of law. Accordingly their statements were got recorded u/s 164-A CrPC before the Hon’ble Court of 3rd Addl. Munsif Srinagar in which they deposed that they have seen some Police men belonging to P/S M.R.Gunj boarding white colored Gypsy arrived near Gani Memorial Stadium and started chasing a boy who was running while as one of the Police men fired upon the said boy who fell down. One of the witnesses namely Maqsood Ahmed Bhat deposed in his statement that although pelting was going on in the nearby area but no stone pelting was going on near his residence. He further stated that he heard a sound and presumed that the Police men, who were chasing a boy, fired a tear gas shell but he did not saw any smoke which means that bulIet was fired. Another witness namely Ms Atiqa deposed in her statement that when the Police man fired upon the fleeing boy she caught hold of said Police man but his colleagues intervened and thus fled away from the spot. She also stated that it the alleged involved Police Personnel are brought before her. She can easily identify him; she also stated that those police men were from Police Station M.R.Gunj.
Accordingly, identification parade was conducted in presence of Tehsildar South Srinagar, Executive Magistrate 1st Class in accordance with Police Rule 657 of J&K Police Manual on 05-03-2011 and 26-03-2011 in P/S Khanyar and Rainawari respectively. Suspected police personnel were mixed up with other police personnel and introduced before the eye witness lady namely Mst Atiqa. During first round of test identification parade (TIP), the said lady did not identify any suspect as culprit but in 2nd round of (TIP), the said lady identified any suspect as culprit in the case! However, the said Constable was not among the suspects who were introduced before the eye witness lady but was part of the police party who were mixed up with suspects as laid down procedure. Later on correspondence was made with Dy. Superintendent of Police, DAR, DPL Srinagar to ascertain whether any Nafri including above said Constable was deputed from DPL Srinagar for law and order duties to Police Station M.R.Gunj and Safakadal on 11-06-2010. In response it was intimated that no Nafri was deputed to P/S M.R.Gunj or Safakadal from DPL Srinagar on 11-06-2010. However, the official namely Javid Ahmad No.l398/S is a trades man and is posted in Tailoring Shop of DPL Srinagar who was very much present full day in the tailoring shop on 11-06-2010. To corroborate the communication of DYSP DAR, DPL Srinagar, Daily Diary of Police lines of date was seized and after its perusal It came to surface that the said Constable was not deputed for law and order duty on 11-06-2010.
4. Investigation of records of P/S M.R.Gunj, P/S Safakadal, P.P. Urdubazar, P.P Noorbagh and P.P Bagiyas for use of Gas Gun was examined and none of the Police personnel of these Police Stations and Police Posts were found deputed for law and order duty in Rajourikadal were carrying Gas Guns on the said date. Records seized from P/S M.R.Gunj, P/S Safakadal, P.P. Urdubazar, P.P. Noorbagh, P.P Bagiyas and DPL Srinagar shows that no Gas Gun was issued to any Police Personnel for law and order duty on 11 -06-2010.
5. Statements of 49 Police Personnel of P/S M.R.Gunj, P/S Safakadal, P.P. Urdubazar, P.P Noorbagh and P.P Bagiyas were recorded to ascertain facts, thereby identifying the accused, if any but nothing substantial came out. Besides statements of Abdul Hamid Bhat the then SDPO M.R. Gunj, SI Khalid Mehmood No. 7829/NGO the then posted in P/S M.R.Gunj in year 2010 and Constable Mushtaq Ahmed No.2050/S the then posted in Police Post Urdu Bazar were recorded which also does not reveal anything a boy the death of victim.
6. Dr. Ruhi Wani Lecturer Forensic Medicine (head of the postmortem team, Dr. Shafqat Asstt. Surgeon, Dr. Gh.Qadir Shah Medical Superintendent and Dr. Riyaz Ahamd Asstt. Surgeon are of the opinion that “Single big” open fatal wound on the head resulted in multiple fractures of the skull which led to death of the victim.
Dr Ishfaq Amin who conducted the initial checkup of the dead body when the victim’s body was brought to the hospital indicated in his report that:-
1. Size of wound:- approximately 5 cm * 5 cm
2. Site of wound :- “L” parietal bone extending linearly into frontal bone
3. Shape of wound:- Oval shape linear with extension into frontal bone.
4. Type of wound:- Skull fracture with brain matter oozing
5. “there is no burn marks” around the injury.
Upon questioning about the likely cause of the injury, Dr Ishfaq Amin who conducted the initial check up of the dead body of the victim, opined that such injury may be caused by following reasons also.:-
a. Being struck by a hammer or hammer like thing with force.
b. Being struck by a stone or a stone like thing from a distance with high velocity.
c. Falling down from a height on a stone or a hard thing with a projection.
d. If a person who is running very fast and while running turns his head to look back gets hit by a conical projection from a wall, that too can get such a type of injury.
7. Ct Mushtaa Ahamd No.2050/S the then posted in PP Urdu Bazar who was kidnapped and ruthlessly beaten by the stone pelters and later on hospitalized has deposed in his statement that one person namely Mehraj ud Din R/O Wazapora called him on phone and said that he could have escaped the injuries” if he would have run towards Buch Mohalla. Statement of the said civilian namely Mehraj ud din Bhat s/o Ali Mohammad Bhat r/o Sokali Pora S.R.Gunj Srinagar was recorded in which he deposed that he came to the rescue of constable at that time but denied to have any kind of information about the incident which took \ place at Gani Sladium Rajourikadal.
8. Some civilians who are residing in the neighbourhood /surroundings of Gani Stadium Rajouri Kadal namely Ql/Mujtaba Hussain Nazki s/o Baha-u-din r/o Nadikadal 02. Gh. Mohammad Hazars/o Abdul Gaffar Hazar r/o Naidoori Rajourikadal. 03. Gh. Nabi Baba s/o Gh. Hassan Baba r/o Gani Stadium Rajourikadal Mohammad Bhat s/q Mohammad Ramzan r/o Gani Stadium Rajourikadal 05) Mehrajudin Bhat s/o Gh. Ahmed r/o Gani Stadium Rajourikadal were examined and their statements recorded. All of them denied having any kind of information relating to the incident which led to the death of deceased. Besides, one civilian namely Abdul Hamid Sofi s/o Mohammad Yaseen r/o Dana Mazar Safakadalwho had reportedly shifted the injured, Tufail Ahmed Matoo in his Maruti Car bearing No.6387/JK01L to SMHS Hospital Srinagar deposes that while on way to Dona Mazar Safakadal from Shieshbagh Gani Stadium Rajourikadal, he was stopped by some people near Gani Stadium Gate who boarded his Maruti Car together with an injured youth and asked him to proceed tor SMHS Hospital Acting Upon their directions, he took them to SMHS Hospital where from they took the injured youth inside the hospital and he himself left for his home destination. He further stated that he is not in any way acquainted with the facts of the incident efc.
9. The Media persons who were taking footage of stone pelting incidents on the day of occurrence in the area i,e 11 -06-2010 namely 01.Irfan Manzoor, Shah s/o Manzoor Turned r/o Sir Syed Colony Upper Soura Srinagar(02. Arshid Ahmed_Mir s/o Mohammad Shafi r/o Tulwari Gojward03. BiIal Furqani s/o Gh. Nabi Bhat r/o Batwara and 04. Aijaz Ahmed. Dandroo s/o Gh. Mohammad r/o ShahKadal Safakadal were also called and their statements recorded .All of them have shown their ignorance regarding the incident except one Arshid Ahmed Mir s/o Mohammad Shafi r/o Tulwari Gojwara who in his statement deposed that he heard from the public falling in the neighborhood relating to the incident in which they were depicting that the said youth while fleeing to evade arrest of police jumped from the fencing wall of Gani Stadium but lost his balance and fell down head first on stones and got injured while as some people whom he did hot know were talking about him being hit by shell. But he himself is not aware with the facts of incident.
10. During the course of investigation, it surfaced that swabs of the wound of the deceased Tufail Ahmad Matoo were taken from his dead body during his postmortem by the doctors in presence of Magistrate. These sealed swabs we’re seized from P/S M.R.Gunj on 28-01-2012 and were sent to Director FSL Srinagar on 13-02-2012. The Director FSL Srinagar advised to send the swabs to 3aba Atomic Research Centre Trombay for opinion because such facility is not available at Srinagar. The swabs were returned by Baba Atomic Research Centre Trombay stating that the opinion can be had from FSL Maharashtra Kalina Centra Cruze where such experts are available. The sealed swabs were again returned from FSL Maharashtra stating the facility of studying such swabs is available at CFSL Chandigarh. Accordingly the swabs were finally sent to Chandigarh for expert opinion. The swab samples were sent to find out any “Gun shot residue” GSR” on the wound. This was done to find out any GSR on the wounds of the deceased so as to corroborate the Postmortem report with the expert opinion.
11. Statement of Constable Gh. Mohammad No.l42/S of Police Station M.R.Gunj who was driver of the vehicle of SHO M.R.Gunj and was deployed in the~a7ealo71aw & order duties, was also recorded who deposed in his statement that on the day of occurrences he was driving the vehicle of SHO who was accompanied by his escort. The SHO de-boarded the vehicle and proceeded on foot to Kawadara while as he_parked the vehicle at Rajourikadal near Mirwaiz Manzil and was seated inside the vehicle along with one Head. Constable namely Abdul Majeed No.3091/S but they were not in possession of any kind of weapon except one Anti Riot Gun which was in possession of the said Head Constable.
He further deposed that in the mean time a mob of stone pelters appeared in the Rajourikadal and started heavy pelting which compelled him to flee from the spot towards Sarafkadal and while leaving the spot the Head Constable fired some blank rounds in air by his Anti Riot Gun to safeguard the government property etc. He further stated that he came to know about the abduction of constable along with weapon by the stone pelters and injuring of a civilian at Gani Stadium Rajourikadal when they reached Sarafkadal, while as he is having no knowledge of the incidents.
12. Statements of 11 more independent witnesses who are residing adjacent to the alleged scene of crime were recorded. Also statement of then SP North Shri Ab. Rashid, then SHO; P/S Safakadal Insp. Farooq Ahmad 1078/NGO, then 2nd officer P/S Safakadal John Muzaffar No.7128/NGO, then DO Bagiyas Aftab Ahmad No.4526/NGO, then SHO Nowhatta Mohammad Jamal-S! No.2672/NGO and other police officers /jawans were also recorded. S
13. The opinion of CFSL Chandigarh was received on 09-06-2012 which reveals that:
i) Environmental particles containing iron (Fe)
ii) Indicative particles containing Titanium (Ti) and Zinc (Zn)
iii) No “unique GSR” (Gun Shot Residue) particles were detected.
Since no GSR particles were detected from the swabs ot the wound of deceased as per CFSL report Chandigarh, this was to be investigated as what is the significance of environmental particles like iron (Fe) and indicative particles like Titanium (Ti) and Zinc (Zn).
14. In order to make the things clearer, the Anti-Riot Gun which was issued for law & order duties on the day of incidence i.e 1.1 -06-2010 was seized. The seized Anti-Riot gun was sent to CFSL Chandigarh for expert opinion ‘if this seized gun leaves any Gun Shot Residues on injury when fired by this gun.’
Opinion of the weapon in question was obtained on 28-08-2012 which revels as:
i) The Gun is in working condition.
ii) Test fire reveals indicative material like Titanium and Zinc, indicative material like antimony and lead, environmental particles like iron and antimony, copper, zinc, nickel and lead. The fire of Anti riot gun leaves unique GSR particle like lead Pb, Barium Ba and Antimony Sb on the target when fired on the experimented target i,e it leaves Gun Shot Residues like lead Pb Barium Ba and Antimony Sb on the wound if fired on body parts. Moreover, the opinion reveals that the Anti-Riot Gun can also be lethal if fired on vital parts of the body from close range.
Based on this opinion that Anti Riot gun can be lethal if fired from close range, correspondence has been made with General Manager Gun Carriage Factory Jabalpur MP regarding classification of Anti-roit gun and its lethality.
Since No “Gunshot residue GSR” was present in the swabs of the victim while as the opinion of CFSL Chandigarh reveals that Anti-Riot Gun leaves Unique Gun Shot residues like lead (Pb) Barium (Ba) and Antimony (Sb) on the wound if fired on body by this gun. Correspondence was made with Gun Carriage Factory Jabalpur regarding lethality/Non lethality and classification of the Anti Riot Gun.
PSI Khursheed Ahmad 345/PAU-EXK 109157 of Police Station Rainawari was deputed on 17-11-2012 to Jabalpur to collect the report from Gun Carriage Factory Jabalpur. The reply letter was received on 24-11-2012 in their reply vide letter number GCF/CP/Anti riot/SPN/TMC/3176/12 dated 21-09-2012 Centre Gun Carriage Factory has given the classification of Anti Riot Gun as Non Lethal Gun. The use of 303 empty cartridges has also been classified as non-lethal.
All the Possibility of “collecting evidence” in this case was explored to reach some conclusion but SIT was not able to find any conclusive evidence till now. This is worth mention that the law and order situation during the year 2010 was very grim and violence erupted at every nook and corner of The Kashmir valley. The case FIR NQ Z0/20J0U/S 307,364,392,148,149.336 RPC of Police Station M R Gunj of the same incident clearly indicates the grave law and order Situation near the alleged scene of crime. In a particular incident, during law and order situation, the violence normally erupts at more than one point and in a grave law and order crises it becomes almost impossible to contain the situation at one place as multiple points get affected. In such a situation, it becomes difficult to control all points of violence at one movement. The one minute CD which shows the law and order at the alleged scene of occurrence on that day is enclosed with the report.
Since Hon’ble High Court has directed SIT to submit final report before 30lh of Nov. 2012, the investigation of case has been closed as untraced. However, secret search will continue if anything comes to knowledge, the investigation of the case shall be re-opened at that time. Separately final report of the cases shall be submitted to concerned court by
Verified at Srinagar the 29 day of November-2012 that the averments made here in above are true and correct as per the records and northing has been concealed therein.