Annual Report 2009-2010
No.151/2004 u/s 364 IPC was registered at Nai Mandi Police Station, Muzaffarnagar. While the
magisterial enquiry was in progress, Sachin Jain was also kidnapped on 24 January 2004 and
FIR No.24/2004 was registered at Nai Mandi Police Station, Muzaffarnagar with regard to his
abduction. The NHRC investigating team expressed its suspicion that there might be a link
between the killing of Kuldeep and the kidnapping of Sachin Jain and Raju.
4.148 The Commission considered the above report and directed the Government of U�ar
Pradesh to order a CB-CID investigation of FIR No.815/2003 relating to the death of Kuldeep
Singh in the alleged encounter. However, as there was no response from the State Government, it
directed to issue a reminder to the Principal Secretary, Home Department, Government of U�ar
Pradesh for conducting a CB-CID enquiry with regard to FIR No.815/2003 registered in Kotwali
Police Station, Muzaffarnagar concerning the alleged encounter at the earliest. Furthermore, it
directed to look into the kidnapping of Sachin Jain and Raju as well as interrogate Rajbiri. The
Government of U�ar Pradesh was directed to conduct the investigation and submit the report
to the Commission within eight weeks, failing which coercive process u/s 13 of the PHRA will
be taken. The report of CB-CID is awaited by the Commission.
d) Illegal Detention, Torture or Firing by Military or Para-military Forces
26. Suo motu Cognizance of Death of a Civilian in Army Firing
(Case No. 95/9/2003-2004-AF)
4.149 The Commission took suo motu cognizance of a newspaper report appearing in the
‘Indian Express’ dated 17 September 2003 captioned “Army Takes Away Groom on Day One
of Wedding, Sends his Body Back”. As per the report, one girl named Afroza whose marriage
took place on 11 September 2003 lasted for just about 10 hours. The morning a�er her wedding,
a group of Army personnel took away her husband Tahir Hussain Peer and subsequently the
family was told that he had been killed in an explosion at a militant camp.
4.150 Pursuant to the directions of the Commission, a report dated 12 February 2008 received
from the Ministry of Defence, Government of India, revealed that Tahir Hussain Peer was
apprehended by troops of 22 Rashtriya Rifles Bn. of Bumai Camp for questioning with regard
to his involvement in terrorist activities. During the course of questioning, Tahir disclosed
about a cache at Tanzem and on 15 September 2003 at about 01:45 hours he led the army patrol
party to the cache and when he along with some personnel of the patrol party were making
their way, there was a loud explosion in which Tahir Hussain died and five personnel of the
patrol party too sustained injuries. The report further stated that an FIR No. 321/03 dated 15
September 2003 was registered at Sopore Police Station on the basis of a complaint made by
the father of Tahir Hussan in connection with the picking-up of his son by the troops of 22
Rashtriya Rifles Bn. on 12 September 2003 and later his killing in the explosion. The Army also
lodged an FIR No. 322/03 on 15 September 2003 with regard to this incident.
4.151 The Court of Enquiry held by the army found no foul play in the death of Tahir Hussan
Peer. However, it was observed that extra care should have been taken by the Company
Commander when a civilian had accompanied the troops and directed administrative action
against the Commanding Officer and Company Commander. Accordingly, they were awarded
‘displeasure’ by the General Officer Commanding, Counter Insurgency Force.
NHRC
39