Twenty-nine years after Abdul Rashid Wani was taken into custody by personnel of 2/8 Gorkha Riffles on 7 July 1997 at Rawalpora Srinagar, Kashmir, a judicial magistrate in Srinagar declared him “dead” and directed for a death certificate to be issued to his family by a judgment of 4 April 2026. Prior to approaching the magistrate for a death certificate in 2024, the family petitioned the Jammu and Kashmir High Court in a habeas corpus petition in 1997 which ordered a judicial inquiry. The inquiry confirmed the abduction and stated that the agency involved was 2/8 Gorkha Rifles led by an officer named Yadav. The High Court disposed the petition in 2002 and directed for registration of a FIR (5 years after the disappearance) and the police concluded their investigations and filed a final report confirming the abduction of Abdul Rashid Wani.
The tragedy of Abdul Rashid Wani’s “death” encapsulates the human rights story of the past 36 years in Jammu and Kashmir.
The crime and circumstances: Abdul Rashid Wani’s is one of thousands of cases of enforced disappearance in Jammu and Kashmir since violence escalated from the late 1980’s with the region considered one of the most militarized zones in the world. The numbers of the disappeared are estimated to be 8000-10,000. Abdul Rashid Wani was taken into custody and his whereabouts are not known to date. The recent judgment confirms his abduction and then rules on his death as per Indian law. But the questions remain: is he alive? Was he killed? Where is his body? No answers from the State whose agents took him into custody. India does not criminalize enforced disappearance and has signed but not ratified the International Convention for the Protection of All Persons from Enforced Disappearance which defines enforced disappearance as follows: “…’enforced disappearance’ is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law” (emphasis added). The essence of the crime is in the refusal to reveal the truth of the whereabouts of the disappeared and therefore subject the victim and his family/community to an offence that continues – in its violence, pain and suffering. Abdul Rashid Wani is “dead” as per Indian law today but to his family/community and as per international law – he continues to be subject to enforced disappearance.
The political and judicial system: The judgment of the magistrate declaring Abdul Rashid Wani’s “death” is based (1) on eye-witnesses including Farooq Ahmad Bhat (a person abducted along with Abdul Rashid Wani who was released), (2) the judicial enquiry conducted on the directions of the J&K High Court and further the magistrate carried out her own examination of witnesses and reached the same finding against 2/8 Gorkha Rifles and named the officer responsible as Major VP Yadav, and (3) the legal requirement of passage of seven years following which a missing person may be presumed dead.
The family – after 29 years – now will be able to access a death certificate. The death certificate would facilitate the family in their processing administrative issues. But, what about the accountability of Major VP Yadav and his soldiers? What has happened to the “final report” filed by the police before the court? Are proceedings stalled because of the requirement under the Armed Forces Special Powers Act, 1990 – Section 7 of the AFSPA holds that: No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act? This case is just one of thousands in Jammu and Kashmir where not only has the disappearance been confirmed, but the State forces responsible have been identified and indicted by judicial enquiries, State Human Rights Commission findings and police investigations. Yet, the reality is that no one has been prosecuted till date for any of these crimes and the Central Government maintains a 100% record in rejecting any sanction for prosecution when approached.
Reminder of the ‘disappeared’: Finally, this is a useful reminder of those who have spoken up and those who cannot anymore. The families of the disappeared have gone to police stations, army camps, government offices, courts and most importantly, the public spaces. Association of Parents of Disappeared Persons (APDP) (collectives of families of disappeared) have campaigned to draw attention to the issue and demand the return of their loved ones and punishment for those responsible. Today, they are barred from organizing and raising their voices. Human rights activists associated with these families are in jail, harassed and their work put to a stop. Khurram Parvez is associated with APDP and Jammu Kashmir Coalition of Civil Society which have documented and campaigned on enforced disappearance including on the case of Abdul Rashid Wani. That work is today part of a NIA chargesheet which claims it to be a result of “terror funding” and worthy of a UAPA prosecution. Parvez is in jail in Delhi facing two NIA cases. Parveen Ahanger, whose own son was ‘disappeared,’ has been raided by, questioned and her continuing work with APDP brought to a halt under threats and intimidation by the State.
The enforced disappearance of Abdul Rashid Wani draws attention to the continuing crimes in Jammu and Kashmir and the indictment against the entire system that has perpetrated and enabled these crimes. The cover-up continues.
Secretaries PUDR
Deepika Tandon & Shahana Bhattacharya
