Nissar Ahmed Thakur
“Summary executions, carried out with impunity under the shield of AFSPA, are nothing short of a slow-motion genocide, as those killed in fake encounters are mostly young boys; they have been rendered what critics call a ‘killable’ lot—treated as expendable by elements within the security apparatus who hunt them down at will, at times to gain gallantry awards, advance their careers, or distort the dominant narrative on Kashmir.”
The cold-blooded murder of a Kashmiri youth, Rashid Mughal, in Ganderbal area has reignited a fresh debate over the impunity with which Indian forces have operated in the region for decades. His killing has refreshed painful memories of the 2021 fake encounter in which three civilians were abducted by the army and killed in a staged encounter. Following their deaths, weapons and ammunition were planted on the bodies to portray them as armed militants.
On March 31, the Indian Army, in a statement to the media, claimed that a ‘militant’ was killed during a cordon-and-search operation conducted jointly by 02 Assam Rifles, 24 Rashtriya Rifles, CRPF’s 49 Battalion, and the J&K Police in Ganderbal, in North Kashmir’s Arhama forest. The Army also claimed to have recovered an AK-56 rifle, three magazines, 67 live rounds, and 58 empty cartridges from the encounter site.
The Army’s claim has been categorically rejected by the family, saying Mughal—a part-time computer operator—had no links, whatsoever, with militants. The Mughal’s image circulating on social media—showing him in brand-new combat shoes, a vest with an ammunition pouch, and a new weapon—has further deepened suspicion. While on the other hand, the burst of fire, which damaged one side of his skull and left him unrecognisable, indicates that he was shot at point-blank range. Meanwhile, his brother told the media that the clothes Mughal was wearing at the time of his abduction were not the same, highlighting glaring inconsistencies in the official account and the authenticity of the encounter itself. Media reports, along with the family’s account, amply demonstrate that the incident may have been staged—seemingly to fit the scheme of things the BJP has long employed to malign Kashmiris.
The controversy has prompted the Lieutenant Governor of Jammu and Kashmir to order an inquiry into the matter. However, past experience offers little hope for justices as previous inquiries into similar incidents have repeatedly failed to deliver meaningful accountability, as convictions of army personnel remain exceedingly rare.
Critics see such killings as part of a broader pattern of “fake encounters,” where ordinary citizens are picked up, subjected to enforced disappearances, tortured, and killed in extrajudicial killings by the forces’ personnel, particularly during operations, midnight raids, and then branded as militants to justify security actions.
Historically, these incidents have often been used by New Delhi to portray the Kashmiris’ ongoing resistance movement in negative light and shape public perception.
A trail of false-flag operaions/fake encounters
One of the most infamous cases is the Chattisingpora massacre of 2000, where 35 civilians were killed brutally. While the authorities initially blamed “militants”, eyewitness accounts and human rights investigations pointed to the involvement of Indian Army personnel.
The Pathribal killings involved five civilians who were declared “militants” responsible for a prior CRPF attack in Tral. Autopsies and local testimonies, however, contradicted the official version, suggesting the victims were innocent.
In 1994, a number of civilians were killed in Handwara in alleged encounters. Similarly, in the Machil (2010) fake encounter, civilians were killed and later branded as militants. In 2013, a case was registered against army and police personnel regarding a 1998 incident in which 19 people, including women and children, were killed, in a fake encounter.
In July 2020, three Kashmiri laborers, one of whom to be a minor, were killed by Indian military personnel in a fake encounter in Shopian. In December 2023, three more civilians were killed in custody following their detention by the Indian Army in Poonch.
Last year’s false-flag operation in Pahalgam is also frequently cited within this broader context of information/disinformation warfare, which the Indian government has used as a tool to advance its domestic and foreign policy objectives. The incident eventually led to dangerous escalation, bringing the two countries to the brink of confrontation with unimaginable consequences, despite the fact that questions persisted over the Indian claims of any foreign involvement in the attack.
Beyond the political and strategic ramifications, these incidents have devastating consequences for Kashmiri society. Families of victims are left grappling with grief, fear, and trauma, often facing harassment and intimidation when they speak out.
When the line between combatants and non-combatants is dangerously blurred, trust in the institutions meant to protect them begins to erode, leaving vulnerable communities in a state of constant anxiety.
When actions become mere hogwash
The inquiry processes, initiated from time to time have repeatedly failed to deliver justice and hold perpetrators accountable. Despite nearly 150 magisterial inquiries into disputed killings since 1990, and 107 between 2008 and 2018 alone, none have led to prosecution, raising serious questions about the effectiveness of these mechanisms.
Sadly, these unfinished probes and hollow inquiries have led to nowhere. These deceptive tactics, which are a part of structural forms of violence, have been used by the occupation authorities as a tool to buy time, manage headlines and hoodwink the international community.
Multiple cases documented by Amnesty International, Human Rights Watch, and local organizations have raised serious concerns over fake and stage-managed encounters that have claimed thousands of lives. The absence of effective accountability mechanisms, coupled with legal provisions granting broad protections to security forces, has made it difficult to bring perpetrators to justice.
Tailpiece: The heart-wrenching violence, including the gruesome killing of Kashmiri youth in fake encounters and false-flag operations, is likely to persist unless legal frameworks such as the Armed Forces (Special Powers) Act (AFSPA) and other anti-terrorism laws granting broad immunity to security forces are repealed or substantially reformed.
Writer is Director media and community KIIR and can be reached at nissarthakur@gmail.com