SONAULLAH DAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition relates to an unfortunate incident which took place on 22.10.1993 at Bijbehara in which about 32 persons got killed and several others got injured.

(2.) ON 22.10.1993 an information was lodged through reliable sources in the Police Station, Bijbehara that after Friday prayers about 2000 to 3000 persons had assembled near Jamia Masjid, Bijbehara who had launched a peaceful protest against the siege of Hazratbal Shrine. The mob went towards National Highway peacefully to express their sentiments and were raising slogans also. When they reached near Goriwan on National Highway BSF personnel's from 47th Bn., who were on duty fired upon the people without any cause or provocation due to which civilians got Killed and injured. On receiving this report an FIR 90/93 was registered under Sections 502 and 307 RPC and the investigation of the case was started. The following persons got killed in the incident:

(3.) THE petitioners state that on 22.10.1993 after Friday prayers a procession of about 2000 to 3000 people was taken out from Jamia Masjid, Bijbehara, against Hazratbal siege. The procession was completely peaceful and there was no armed militants among the demonstrators. They were raising slogans for lifting the siege laid by the army around Hazratbal Shrine. As the procession reached on the main highway, respondent No. 4 took out his revolver and without any warning fired some shots in the air, as a signal for other security personnel including respondents 5 to 15 to open fire and they immediately after the revolver shots started firing indiscriminately on the procession, from three sides, resulting in the death of 35 civilians on spot including the above named deceased persons. Most of the deceased persons were hit by the bullets on their chest and upper portions of their bodies. In the said episode over one hundred others sustained injuries. This indiscriminate firing by the respondents 4 to 15 including other personnel of 47th Bn. BSF was absolutely without any provocation.