4 people, including a foreign terrorist, were killed during the Nov 15 encounter (Representational photo)
A special investigation team (SIT) of police probing last month's controversial encounter at Hyderpora in Srinagar has given a clean chit to security forces for any wrongdoing. The SIT concluded that two civilians, a doctor and a businessman were either used as human shield by terrorists or killed by terrorist during the encounter.
At the same time, the SIT said that Dr Mudasir Gul had harboured terrorists, while businessman Altaf Bhat had concealed information about the terrorist presence in a commercial complex he owned.
According to the police, four persons including a foreign terrorist were killed during the encounter on November 15, triggering a massive outrage.
The families allege that the three civilians were killed in a staged encounter and used as human shields by the security forces. The police, however, said the third local Amir Margay, who was working at Dr Mudasir's office, was a close associate of the killed Pakistani terrorist.
The SIT is headed by Deputy Inspector General of Police Srinagar Sujit Kumar. Mr Kumar denied that he led the Hyderpora encounter and there was a conflict of interest by heading the SIT probe into controversial encounter.
"Perhaps foreign terrorist received instructions from outside that Dr Musadir may have been behind the encounter. On this suspicious he killed Dr Mudasir Gul in the attic of the building," said Mr Kumar.
"After killing Dr Mudasir, they used the building owner Altaf Bhat as human shield while trying to flee. In the ensuing firing, Altaf Bhat was hit by a bullet. His body was found at the terrace with Amir Margay," said the SIT chief.
Mr Kumar said that Altaf Bhat and Dr Mudasir volunteered to help search the building when security forces launched the operation, but neither of them told the security forces that the terrorist was hiding inside.
"We asked Altaf sahib if he was sure that no one is inside. He and Dr Mudsir said no one is inside the building. Altaf asked Dr Mudasir to come, saying let's show the security forces that no one is inside building. He appeared confident. He didn't even ask for bulletproof jacket after volunteering to search the building," said Mr Kumar.
On the death of third civilian Amir Margay, the SIT chief said he was a close associate of the Pakistani terrorist and his activities proved that Amir too was a terrorist. The SIT chief admitted that Amir was initially let go after searches and didn't flee even after leaving the building; rather, he waited in a nearby hospital. However, Mr Kumar said that after half an hour, they called Amir back and asked him to search the rooms in the building, during which "he feigned ignorance and said no one is inside".
"Amir was exposed after he was seen with the Pakistan terrorist inside. He also fired," alleged Mr Kumar. Noting additional details on Amir's activities that he believed were pertinent, the SIT chief said that in the last year, "Amir was frequently visiting Bandipora district and had also started smoking."
Son of an anti-terrorist crusader from Ramban district, Amir comes from a family that has flat-out rejected the police's claims that Amir was a terrorist.
Mr Kumar said the Army and Central Reserve Police Force (CRPF) were also part of Hyderpora encounter and it was the Army unit which provided input about presence of terrorists. This is the first time the Army was part of an encounter in Srinagar city. So far, only Police and CRPF have been carrying out anti-terrorist operations in city areas.
Police also defended releasing findings of the SIT probe, though a magisterial probe ordered by the government has not been made public at this time. "It will not influence the the probe by additional district magistrate. The magisterial probe is completed and report has been sent to judicial magistrate as mandated under law," said Mr Vijay Kumar, Inspector General of Police.
The SIT's Mr Sujit Kumar further said they have collected technical and forensic evidence as well as recorded statements of over 20 protected witnesses about the encounter and the involvement and complicity of the people killed in the encounter.
Political parties who have demanded a judicial probe into the matter have rejected the SIT investigation, terming it a cover up by police.
"SIT's clear chit to armed forces in Hyderpora encounter isn't surprising. It was purely a charade to cover up a botched up operation & absolve those culpable for killing innocent civilians. How can one expect justice when they themselves are judge, jury & executioner?" tweeted former Jammu and Kashmir Chief Minister Mehbooba Mufti in response to the allegedly dubious findings.