BANGERGUND, is a small village in District Kupwara. About one thousand people live in the village. It is surrounded on one side by Punjwa, which is 1 ½ K.M. away from Bangergund and on the other side by Vilgam, which is 2 K.M. away. Another village, Gashigund is also in the vicinity of Bangergund, which habitats around three hundred souls.

There is a 6-RR post in Punjwa, where a Major is the incharge of the Post, C.O. of 6-RR is however stationed at Vilgam. An Army Brigade is at Trehgam, which is also about 1 ½ K.M. away from Bangergund.

The habitants of village Bangergund told the team that the behaviour of these Army people is always rude with them. Often they come to the village and tease the people on one pretext or the other. If any one dares to move out of his home after 6.30P.M, and is spotted by the Army, he is apprehended and taken to the camp . There he is not only beaten but to make to work for army. If he survives the ruthless beating, and undertakes not to tell anything about it to any one, he is permitted to go. These Army people also take the villagers for construction of their Bunkers etc and do not pay anything to them for the work done. They destroy

their orchards after taking away the fruit. They also take vegetables and other eatables from these villagers without paying any price. These Army people don’t allow the people to move out of their homes from 6.30 P.M to 7 A.M,

About the incident of 23/24th July, 2005, the team recorded the statement of all the concerned , the summary of which is as under:-

Gh. Ahmad Shah S/o Abdul Sattar Shah R/o Bangergund, who is the father of one of the victims namely Manzoor Ahmad who was fired at by the army on 23/24th July, 2005, and is presently battling for life in Udhampur Military Hospital , stated that the marriage of his son Mohd Jamal Shah was to take place on 24-7-2005. One day before i.e on 23-7-2005, he went to Major of 6-RR , stationed at Punjwa with sweets and told him that as the marriage of his son is to take place on 24-7-2005, therefore the people of the village should not be harmed if they want to attend the Mehndi function during the intervening night of 23/24th July, 2005. The father of the girl Mohd Jamal Shah S/o: Subhan Shah also visited the Major at that very time. He had also sweets with him. He too made a similar request to the Major. The Major accepted the sweets from both of them and assured them that no harm would be done to any one, if they want to stay out of their homes during the intervening night of 23/24th July. There were “Dool Walas” on that night in our house. The whole village was in our house. Children, as well as women were busy with the marriage preparations. At about 1.30 A.M we went to the room of bride-groom for putting some Mehndi on his hand. At 1.50A.M. a blast took place. Thereafter there was firing. Then there were two more grenade blasts. Thereafter Numberdar Gh.Mohd Shah, who had been called on spot by the Army, came to my house and told me that Army people have called you. I went to the spot, which is about 75 meters away from my house and found two boys martyred. The other two were in an injured condition. The Army people told me, how these boys had come out of the house. I told them that they were just now playing with “Dool Walas”and I do not know wherefrom the Army people had captured them and had been fired upon at the site. The two injured boys were thereafter put by the Army in one of their vehicles. The name of those injured boys is :

(1) Manzoor Ahmd Shah S/o: Ahmad Shah aged 15 years.
(2) Shabir Ahmad Shah S/: Gh. Hassan Shah aged 15 years.
The name of the other two boys who had been martyred is :
(1) Wasim Ahmad Wani S/o: Mohd Sultan Wani aged 11 years.
(2) Bilal Ahmad Sheikh S/o: Abdul Khaliq Sheikh aged 15 years

The two injured boys were taken to Drugmulla, but before reaching Drugmulla one of the injured boy namely Shabir Ahmad also passed away. The army people thereafter came to me and told me that they want to operate Manzoor Ahmad but he has not allowed us to operate him, as such I should accompany them to the hospital and make him agree to the operation. Manzoor Ahmad was thereafter operated and then taken to Badami Bagh. He was kept at Badami Bagh for two days and thereafter was sent with the army convoy to Udhampur. I had also gone to Udhampur and I came back only two days back. I asked Manzoor as to how it happened. He told me that after playing with “Dool walas”, we were going to Shabir’s house and enroute his house, the army fired on us, as a result of which two of us died on spot. Those who died on spot were taken by the Army to Vilgam in their own vehicle and after postmortem were sent back to the village. I was offered two lakhs of rupees and one employment by the army, but I refused to accept their aid. State administration has however paid me Rs. 5,000/-.

Mohd Sultan Wani So/: Gh. Rasool Wani R/o: Bangergund, who is the father of Wasim Ahmad, stated that during the intervening night of 23/24th July, 2005, people were making merry in the house of Gh.Ahmad Shah, whose son had to be married next day. I had also gone alongwith my son Wasim Ahmad to the marriage. At about 1.30 A.M, we went to the bridegroom’s room for putting some Mehandi (Turmeric) on him . At 1.45 A.M. there was a blast which followed by firing . Thereafter, there were two more blasts. Because of these blasts and firing,we got dumped in the house. After some time we started searching our children. I did not however find my son. I thought, he must have gone to some body’s house. In the morning before sunrise the Army people called me, Abdul Khaliq Sheikh and Mohd Sultan Sheikh. Hassan Shah was also called but he did not turn up. They took us in an army vehicle to Vilgam. They told us there that they have killed Bilal Ahmad and Wasim Ahmad and now their dead bodies have to be taken back to the village. They told us to offer their Jinazah and bury them. They also told us that they will give sugar, Atta and wood to us. Then they made us to board a water supply tanker , which took us to the village. The dead bodies were sent by them in an ambulance. When I reached my home, I found the dead body of my son in the compound. I saw his face. He had been hit on his right side of the abdomen and in the back. His legs were apart. The people, thereafter took the dead bodies to Trehgam. We blocked the road there. We demanded that those who have killed our children should be punished. The school children also joined us. We sat on dharna the army people had not then given the dead body of Shabir Ahmad. The people were also demanding that his dead body be given to them. At about 2 P.M. we proceeded towards Vilgam Police Station. When we reached there, the police Lathicharged us. They also used teargas and fired in air to disperse the mob. Despite that people went inside the police station. There were some vehicles, which were attacked by the people. In one of the vehicles there was a police constable. When the said vehicle was about to be attacked, one lady spotted a dead body in the vehicle. It was under a seat. The dead body was of Shabir Ahmad. The people brought the dead body down and took it to the hospital. D.C and SP also came to the hospital and they allowed the people to take all the three dead bodies to the village. We took the dead bodies to the village and offered their “Nimazi-Jinazah” in school compound. Then at abut 7 P.M., we buried the dead bodies.Two boys were buried in Bangerdund and the other one in Gashigund. Manzoor Ahmad, the other boy , who was injured, was in the hospital on that date.

Next day, Army people called me and other people to the camp. Forest Minister Gh.Mohi-ud-din Sofi was also with us. In his presence, Commanding officer accepted that army has killed the boys wrongly. He offered us Rs. 3.00 lacs and two employments for each one killed . He also offered Rs. 2.00 lacs and one employment for the injured boy. We however refused to accept his offer. We were called to the camp by the Army yesterday as well as day before yesterday. Our statements were recorded by the army. There was no lawyer, on our behalf before the army authorities. My statement and the statements of Gh. Ahmad Shah, Abdul Khaliq Sheikh, Gh. Hassan Shah and Numbardar were recorded by the army. Those statements were recorded in English and our signatures and thumb impressions were taken thereon. These statements were not read or explained to us. We do not know english. Besides us. the statements of Abdul Rashid Shah, Subhan Shah, Gh.Ahmad Dhobi and Showkat Ahmad, Thanedar were also recorded by the Army. Police has also recorded our statements but they have not conducted any investigation in the matter. They have not arrested any culprit. When army authorities recorded our statements there was no accused before them. They did not tell us as to against whom they are conducting the enquiry. State Administration has given us Rs. One lac each to the killed and Rs. 5,000/- to the injured. We have no Chowkidar in village Bangargund from our own village. We have the Chowkidar of Gagloosa. The chowkidar of Gashigund is from Punjwa. I want that those who have killed our children should be punished.

Abdul Khaliq Sheikh S/o: Gh. Rasool Sheikh R/o: Ghashigund stated that he had also been invited to his home by Gh. Ahmad Shah. I am a barber by profession. My son, Bilal Ahmad Sheikh, used to help me in my job after finishing his school work. He was reading in 8th class. I and my son had gone to Bangergund to attend the marriage ceremony of the son of Gh.Ahmad Shah. Upto 1.30 A.M. Bilal was with me. At 1.30 A.M. we went to put some Mehndi (Turmeric) on the bridegroom. At abut quarter to two, there was a blast in the village, which was followed by L.M.G firing. Then there were two more blasts. We took shelter in Gh. Ahmad Shah’s house because firing was going on all sides. When firing stopped we tried to find out, as to where the children had gone. We did not find any one of them around. We thought that they must have gone to some neighbours house and taken shelter there. Then we thought that since Shabir was with them, they might have gone to his house. I learnt early in the morning at about quarter to six that four boys have been martyred by army, from whom one was my son. This was told to me by the villagers. I thereafter left the house of Gh.Ahmad shah and came on the road . I found army and some vehicles there. There was C.O. and one officer. They told me as to who was the father of Bilal and Wasim. I told the C.O. that I am Bilal’s father. He told me to board the army vehicle. I told him Wasim’s father is also there. He told him also to board the vehicle. They took us to Vilgam Camp, where we were told that your children were killed in Bangergund last night and their dead bodies are in hospital ambulance. They told us to take these dead bodies to the village and bury them. They also told us that they will give Sugar, Atta and wood for the purpose. Then we were made to board a water supply tanker and the ambulance, carrying the two dead bodies was sent ahead of us. When I reached my home, I found the dead body of my son. When I saw the dead body, I was shell-shocked and fell down. I do not know what happened thereafter. However when Jenazah was offered in the evening, I was present there.

Next day I was called by the army. They told me that they have committed a mistake in killing the boys. They offered me Rs. 3 lacs and two employments. I declined the offer. We were called to the camp yesterday and day before yesterday and the offer was repeated. I again turned down the offer and told them that I want those who have killed my son should be punished. The state administration has however paid me Rs. One lac.

Today Army people had again come to the village. They took photographs of the place of occurrence, which is about 75 meters away from Gh.Ahmad Shah’s house, where the marriage had to take place.

Gh. Hassan Shah S/o: Mohd Sultan Shah R/o: Bangergund stated that during the intervening night of 23/24th July, 2005, there were marriage preparations going on in the house of Gh. Ahmad shah, whose son Jamal Shah had to be married next day. I was also invited to the marriage but I sent my son Shabir Ahmad to attend the marriage. On 24th of July, 2005 at abut 6 A.M,. Abdul Aziz Shah S/o: Mehda Shah came to my house and told me as to where his son, Shabir Ahmad is. I told him he has gone to the marriage. He told me that C.O. is calling you. When I came out of my home I was told by Abdul Aziz that your son is dead. I was shocked and fell .When the dead bodies of two boys were brought to the village the villagers did not allow their burial .Both the dead bodies were thereafter taken in a procession to Trehgam, where road was blocked . People assembled there in the chowk and demanded that those who have killed these boys should be punished. People also demanded that the dead body of Shabir Ahmad be given to them. We sat on protest upto 2 P.M and then took both the dead bodies in a procession, to Vilgam. The school children were also with us. About 15000/- people were in the procession. When we reached Vilgam, police did not allow us to go to the Police Station. Police called C.R.P.F.They used tear gas and also resorted to firing to disperse the crowd. We however made our way to the Police station. SHO of the police Station went there in hiding. There were some vehicles in the compound of the police station which were overturned by the people. There was one vehicle of the hospital and when people went to overturn that vehicle, there was one police man in it .One girl peeped inside the vehicle and found one dead body under one seat. It was identified that of Shabir Ahmad, my son. Then all the three dead bodies were taken in a procession to Vilgam hospital. DC Kupwara, SP Handwara and other officers came over there. They permitted the

people to take the dead bodies in a procession to the village they belonged to. Then all the dead bodies were brought to Bangergund and Nimazi Jenazah was offered in school compound I saw the face of my son there. He had been breast fired. I have a complaint against the Numbardar of the village that he did not tell me anything about my son. He knew during the night itself that my son had been fired upon by the army and he was critically injured. He is my relative also, but he did not tell me anything about my son. I had begged and then brought my son up. I had pinned all my hopes in him. I have five daughters and two sons. All my daughters are unmarried. I have lost one son and the other one is of 10 years of age. We buried two boys in Bangergund and the third in Gashipora. We were called by C.O.on the next day.

We were taken by police there. Forest Minister Mohi-ud-din Sofi was also there C.O admitted before us that army has killed the boys wrongly . He offered 3 lacs and two employments to each family whose child had got killed and 2 lacs and one employment to the family whose child was injured. We however declined the offer. Govt. has however paid Rs. one lac to each killed and Rs. 5000/- to the injured. The boy, who was injured is at present in Udhampur hospital. We lodged a report with the police about the occurrence but police has not conducted any investigation in the matter. My statement was also not recorded by the police.

Gh. Mohd Shah S/o Abdul Samad Shah R/o: Bangergund stated that I am Nambardar of the village. At two there was fire. At 2.10 A.M. army came to me. They knocked my door. I came out and they took me along. When we reached the main chowk, there was Major or Vilgam Camp. I saw two boys dead there. Two were still alive. They were being given some first aid and were being asked as to what was their name. One of them said that his name was Shabir Ahmd and his father’s name was Hassan Shah. I heard it myself. I was thereafter asked by the army as to what was the name of the two dead boys. I told them that they were Bilal Ahmad Sheikh and Wasim Ahmad I was thereafter told by the Army Major as to whether he had told these boys that they should not move out of their house in the night. I told him that there was a marriage ceremony in the village and the army people had already been told about it. After this army people put the injured in their vehicles. It was at 3 A.M. Then another vehicle came and two dead bodies were put therein. I was also made to board the same vehicle. Gh. Ahmad Shah in whose house the marriage had to take place was also called on spot. He was also boarded in the vehicle . Army and Thanedar was also in the vehicle. We were taken to Vilgam Camp. C.O was there . He told me as to what had happened. I told him ask this from Gh.Ahamd Shah. C.O said that take them to hospital. The doctors conducted postmortem of the dead there. Thereafter the dead bodies were brought in hospital ambulance to the village and handed over to their home people.

Next day they were buried. Before burying them they were taken to Trehgam School, where teachers saw the faces of these dead boys. What happened in Trehgam school, I do not know.

The other witnesses, who were examined by the team and who corroborated the above statement in its minutes details are:-

1- Gh.Rassol Shah So/: Abdul Rahim Shah R/o: Kulapora, Bangergund.
2- Abdul Rashid Shah S/o: Ali Mhd Shah R/: Bangergund.
3- Abdul Rashid Wani S/o: lassaWani R/: Bangergund.
4- Mohd Yousuf Pir S/: Abdul Ahad Pir R/: Bangergund.
5- Abdul Aziz Shah S/o: Gh. Mohi-ud-Din Shah R/o: Bangergund
6- Mohd Anwar Malik S/o: Khazir Mohd Malik R/o: Bangergund.
7- Mohd Sidiq Shah So/: Mohd Yaseen Shah R/:Bangergund.
8- Habibullah Sheikh S/o: Gh. Rasool Sheikh R/:Gashigund.
9- Gh.Mohi-ud-Din Sheikh S/: Mukhtar Sheikh R/: Gashigund.
10- Gh. Mohd Lone S/o:Gh.Rasool Lone R/o: Gashigund.
11- Ali Mohd Sheikh S/o: Mukhtar Sheikh R/o:Gashigund.
12- Mohd Gulzar S/o: Abdul Aziz Mir R/o:Gashi Gund.

All these witnesses stated before the team that the army people have made their life miserable and they are living at their mercy. They told the team that the state administration had assured us that the army will be shifted from the area and a police post will also be established in the village but nothing has been done in this behalf sofar. They told the team that since the villagers have not accepted the money and other assistance offered by the army, the army will take revenge of that also from the villagers. They requested the team to highlight their plight in whatever way possible, so that they do not suffer at the hands of the army authorities again.

From all what was deposed by the villagers before the team, it is manifest that the army authorities have converted the valley of Kashmir and particularly the place where we had gone, into various concentration camps and the people are at their mercy. They have the immunity of catching and killing any person, any time and any where. They are making full use of J&K Disturbed Areas Act, and Armed forces (Jammu & Kashmir) Special Powers Act in butchering the people of Kashmir and as both these Acts provide that no prosecution suit, or other legal proceedings shall be instituted, except with the previous sanction of the Central Govt. against any person in respect of any thing done or purported to be done, in exercise of the powers conferred by these Acts, therefore the Army has become law unto themselves and whatever they want to do no one is there to question their authority or power. The army has no power to ask the people, living in any area, not to come out, from their homes after sunset till sunrise but no where in Kashmir, any person can dare to come out of his home after sun-set and if he dares to do that, he is silenced by the army and other paramilitary forces, either by whisking him away or killing him on spot, under the pretext that he was told to stop but he did not, as such was killed. Section 144 Cr.P.C no doubt gives the power to a District Magistrate to direct any person to abstain from a certain act, if he considers that such a direction is likely to prevent or tend to prevent,obstruction annoyance, or injury or risk of obstruction , annoyance or injury to any person, lawfully employed or danger to human life, health or safety or disturbance of the public tranquility or a riot or an affray but no such order can remain in force for more than two months from the making thereof, unless the government by notification in the Govt. Gazette, otherwise directs. In Bangergund there was no order u/s 144 Cr.P.C in force on 23/24th July, 2005, yet the army in illegal and in proper exercise of Power, entered the village in the night and massacred four boys whose only guilt was that they were Kashmiris and had decided on that night to enjoy the happiness of a wedding preparation, which was to take place on the next day.

On our way from Srinagar to Bangergund we were stopped at ten places by the Army .Our vehicles were searched and we were brought down from our vehicles, where at one place near Handwara, we were told that you look to be new in the area and when we enquired as to how they say so, the army people said that while crossing through this area every person travelling in a car has to go down and get himself registered. He has to mention the purpose of his visit and if he is allowed to go then only he can proceed ahead and as we did not do so, therefore in their estimation, we were new to the area. Is’nt it surprising on the part of Indian Military authorities to ask a permanent resident of J&K State, to show his identity card to an army personnel who does not belong to the State and establish his credentials before him and convince him that he is a resident of Kashmir and that he is not new to the area and that he should be permitted to go.. We were eight lawyers who were stopped, searched and virtually humiliated by the army personnel on our way from Srinagar to Bangergund. What these army personnel would be doing with an ordinary Kashmir male or female, is well understandable. I was told by one of my friends in Handwara that these army people enter the houses of villagers during night , and force the male members to go out. What they do with the female folk , one can imagine easily.

Human Rights activists who come to valley from different parts of the world stay in house boats and hotels in Srinagar . They also go Gulmarg and Pahalgam to
enjoy which are the two best health resorts of Kashmir. They do not see any military presence in Srinagar and therefore they conclude peace has returned to valley. They do not go to the villages where people are living at the mercy of army.They make reports only in those incidents which are highlighted by press. We request them to visit every village of Kashmir and see for themselves as to what kind of miserable life, the people are living there.