Bomai Killing, 2009

Bomai Killing refers to the killing of two devotees in an allegedly indiscriminate firing incident by 22nd Battalion of Rashtriya Rilfes troopers of Indian Army in Bomai, Tujar Shaief, Sopore in the district Baramullah of Kashmir on 21 February 2009.

Firing

On the evening of 21 February, during a festival of a revered Saint Hazrat Makhdoom Sahib at Bomai, Tujer Sharief in Sopore, the devotees were asked to disembark from vehicles for frisking at Rajinder Post near Girl High School, Bomai, by 22 Rashtriya Rifiles of Indian Army. During frishking dovotees raised Anti National slogans & started pelting stones on the troops of 22 Rashtriya Rifles causing injury to one of the junior commissioned officer meanwhile taking advantage of crowd, militants fired on the troops.The firefight resulted into the death of two youths in cross firing.

Deceased

The deceased were later on identified as Muhammad Amin Tantray son of Muhammad Shaban of Bomai Sopore, and Javid Ahmad Dar son of Muhammad Ismail of Muslim Peer, Sopore.

Massive protest

As the news of the killing of two persons spread, thousands of people including women and children in Bomai and other parts of Sopore took to roads and staged a massive protest against the Indian army. Raising pro-freedom and anti-army slogans, the protestors were demanding ‘instant’ punishment to the troopers responsible for firing on civilians.

The protestors refused to bury the bodies of the deceased persons till action is taken against the army personnel. Top police and civil officials rushed to the spot and were able to persuade people to abort the sit-in and bury the deceased, only after the assurances of impartial Magistrate inquiry by Deputy Commissioner Baramulla Baseer Ahmad Khan.

Rajinder Post

The camp was established by Indian armed forces on 17 December 1994.

Murder case filed against army

A day after two youth were killed in army firing in Bomai Sopore, police registered a murder case against 22 Rashtria Rifles after relatives of the victims formally approached them. Police station Sopore registered an FIR 73/09 under section 302 against the army, on the complaint of victim's relatives. The army also ordered an enquiry into the incident.

Chief minister Omar Abdullah, who was on a three-day tour of the twin border districts of Rajouri and Poonch ordered a magisterial enquiry into the incident and asked for the report to be submitted within 15 days.

Deputy Commissioner Baramulla, Baseer Khan appointed a Sub District Magistrate was as inquiry officer to probe the incident and who was supposed to submit the report within a week.

Curfew imposed

Indefinite curfew was clamped on in Sopore, Tujjar Sharief, Bomai, Seelu and adjoining areas on 22 Feberuary 2009 morning following violent demonstrations against the alleged killings of two youth in firing by Army.Mass protests in J&K town over youths killing, curfew imposed]</ref>

Separatist under house arrest

The authorities sealed all roads leading to Sopore and two delegations, one of the APHC and the other of JKLF were stopped at Sangrama and Narbal while they were on their way to Sopore. The acting chairman of Tehreek-e-Hurriyat Mohammad Ashraf Sahrai was placed under house arrest to stop him from visiting Sopore to lead the funeral of one of the two youths.

Contadiction in army

Army spokesman Uma Maheshwari denied the involvement of army personnel in the killing. “None of the army personnel was patrolling in the area. Nor was any of the 22 RR man present on the spot,” Mahewari told a local news gathering agency KNS. “It is being said that some persons wearing army uniform opened fire on the people. We have no association with them.” However Col Sanjeev, Commander 22 RR gave a different version. “Our trooper was searching the vehicles in the area. While the search of the vehicles was on, two militants wearing pheran refused to alight from a vehicle. When trooper asked them to raise their hands, they opened fire, causing death of two persons,” he claimed.

EU takes a note on Bomai killing

The visiting European Union Troika Mission delegation, which included Incoming Presidency Sweden, Lars Olof Lindgren, Spain representative, Ambassador Ion De La Riva, Czech Republic representative, and deputy head of the mission, Jan Kreuter, France representative and second counselor, Bruce Bourdon and headed by Ambassasor Czech Republic, Hynek Kmonicek, on 2 March 2009 took cognizance of the killing of two youth in Army’s firing at Bomai, Sopore. The incidence will be reported in its annual report.

Inquiry commission 'indicts' Army

After a detailed investigation the report was submitted by Deputy Commissioner, Baramulla Baseer Ahmad Khan who led an inquiry commission ordered by the government soon after two youth were killed by Army at Bomai on February 21, to the Chief Secretary, S S Kapoor.

The inquiry commission has indicted the Army for “killing two civilians”, saying that the Army “opened fire and killed two civilians without any provocation” and “the Army action was not only disproportionate but breached all operational procedures.” The report also refuses Army’s claim of cross firing. The inquiry officer, in his report, said that Army opened fired at the civilians and the bullet wounds were found above the chest level which indicated that Army opened fire with intention to kill the civilians.

The inquiry officer also said that the troopers did not follow the Standards Operation Procedures (SOP) during the incident.

A senior officer of the force who appeared before the inquiry officer had claimed that the militants had opened fire on troops by a pistol. But the inquiry officer had pointed out that not a single pistol fire cartridge was recovered from the spot, thus refuting the Army’s claim.

During the investigations, the inquiry officer had summoned Army officials to record their statements. The inquiry officer was also provided the copy of the First Information Report (FIR), daily records and seized blank cartridges from the scene of the incident on the same day.

The inquiry officer had also met a group of the eyewitnesses, families of the victims, other local villagers and even the people from the adjoining villages.

The report has also been submitted to Omar Abdullah.

Armed Forces (Special Powers) Act

Main article: Armed Forces (Special Powers) Act, 1958

The Act has been employed in the Indian administrated state of Jammu and Kashmir since 1990 and has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination". According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:

• Fire upon or use other kinds of force even if it causes death
• To arrest without a warrant and with the use of "necessary" force anyone who has committed certain offences or is suspected of having done so
• To enter and search any premise in order to make such arrests.

Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.

Aftermath and Timeline

March 1, 2009 :

• Bomai residents protested against the continued harassment by Indian army and claimed that the army troops and pro-government gunmen are threatening the residents of dire consequences so as to dissuade them from deposing before the inquiry commission probing the Bomai killings.,”

March 12, 2009:

• Jammu and Kashmir government forwarded the inquiry report, indicting army for killing two civilians in Bomai, Sopore, to the ministry of Defence, seeking “exemplary punishment” action against the guilty soldiers.

March 18, 2009:

• Indian Home Minister P Chidambaram on Bomai killing: "The central government would initiate action against those found guilty after examining the reports of two inquiries, one completed by the state government and the other being conducted by the army." And "appropriate action will be taken once the report becomes available."
• Army chief General Deepak Kapoor said, “The Army inquiry is likely to be finalised in the next week or so, and based on that, we shall take action if the inquiry finds any of those, who are involved, guilty.”
• Alleging the failure of the government to shift the Bomai army camp as the stipulated time and punish the troopers involved in killing of two youth and remove the army camp from the village, the Bomai residents have decided to observe indefinite strike from Thursday March 19 and migrate en masse from Friday March 20.

March 20, 2009:

• A high-level army court of inquiry, conducted by a brigadier of the Srinagar-based 15 Corps, probing the killing of two civilians in Bomai, has found three soldiers guilty of "lapses". One JCO (Junior Commissioned Officer) and two jawans (soldiers) were held guilty of not exercising adequate command and control and also not exercising restraint in using their weapons which resulted in the killing of civilians. Disciplinary action was ordered against them. State Chief Minister Omar Abdullah told a press conference on March 20, 2009 that the army camp in Bumai would be removed within six days.

March 23, 2009:

• After a 32-days of agitation the Rajinder Post was shifted along with the troopers to the premises of College of SK University of Agricultural Sciences and Technology (SKUAST), Wadura. Hundreds of students from the university protests against the stationing of the camp in the campus. Around 300 kanals of land and 10 buildings of the college are already under the occupation of Indian armed forces.

March 29, 2009:

• Last batch of troops vacated from Rajinder Post. The residents accuse them of digging the camp premises and taking some material from it.

April 3, 2009

• The Coordination Committee Bomai, accused that the witnesses, who have recorded their statements before the district magistrate Varmul, are being threatened, and the government would be responsible if any untoward incident occurs in the village.

July 5, 2009

• The Coordination Committee Bomai said that Omar Abdullah has failed to deliver justice. They also said in coming three days they will decide the future course to be adopted and even fresh protests may be launched.

See also

• Zakoora And Tengpora Massacre
• Gawakadal massacre
• Sopore massacre
• Kashmir
• India
• Pakistan

External links

• "Greater Kashmir"
• "Rising Kashmir"
• "Odyssey of Freedom "
• Canada Issue Paper