On 9 April 2017, polling for the vacant Srinagar Lok Sabha seat in Kashmir was met by boycott calls, crowds and stone-pelting at polling stations, mainly in Budgam and Ganderbal districts. Security forces opened fire and eight people were killed. Turnout was about 7%, the lowest ever for the seat, and a repoll at 38 stations drew about 2%. The violence led to the postponement and then cancellation of the Anantnag by-poll, a national row over a man tied to an Army jeep, weeks of student protests and a month-long ban on 22 social media sites.
Key takeaways
- Eight people were killed when security forces fired on protesters during the 9 April 2017 Srinagar by-poll; turnout was 7.13% after a repoll where 2.02% voted.
- The Election Commission postponed the Anantnag by-poll on 10 April and cancelled it on 1 May, citing violence and a shortage of central forces.
- Major Leetul Gogoi had Farooq Ahmad Dar tied to an Army jeep. The Army said it saved lives and commended Gogoi; police later reported that Dar had voted and was not a stone-pelter.
- A police raid on Pulwama's degree college set off Valley-wide student protests, and the state blocked 22 social media sites for a month.
Background: why there was a by-election
The Srinagar seat covers Srinagar, Budgam and Ganderbal districts. It fell vacant when PDP MP Tariq Hameed Karra resigned from his seat and his party in protest at the actions of security forces during the unrest that followed the killing of Hizbul Mujahideen commander Burhan Wani in July 2016 Scroll.
The second seat, Anantnag in south Kashmir, had been vacant since July 2016, when Mehbooba Mufti resigned it to become Chief Minister ECI order via Kashmir Life. According to Scroll, Union Home Secretary Rajiv Mehrishi wrote to the Election Commission after the dates were announced on 10 March, saying the atmosphere was not conducive and asking for a delay of a few months Scroll.
On 4 April, the separatist "joint resistance leadership" repeated its boycott call. It asked for a complete shutdown on 9 and 12 April and said that taking part in the polls amounted to "betrayal of the sacred blood of martyrs" Kashmir Life. Ahead of polling, authorities suspended internet services in the Valley for three days, and 20,000 more paramilitary personnel were sent in, Al Jazeera reported Al Jazeera.
Polling day, 9 April
Thousands of protesters charged polling booths in Budgam district, and police and paramilitary forces fired bullets and shotgun pellets. Officials said protesters threw petrol bombs and stones and set voting machines and government vehicles on fire. More than a dozen polling stations were shut Al Jazeera.
The Caravan counted over 200 incidents of protest across the constituency. The Caravan. Scroll, citing The Indian Express, reported the Election Commission's figure of about 100 security personnel and 70 civilians injured in 200 incidents of stone-pelting Scroll.
Shri Maharaja Hari Singh Hospital admitted close to 50 people on 9 and 10 April, 17 with pellet injuries to the eyes and 22 with bullet injuries, its medical superintendent told The Caravan The Caravan.
Claim · Family and neighbours Relatives of Omar Farooq Ganaie, 21, a tipper driver from Baroosa in Ganderbal, said no protest was taking place when a passing contingent fired on villagers at about 6 pm. A senior police officer said the unit was from the BSF. A BSF spokesperson denied any BSF personnel were deployed there The Caravan.
Turnout was 6.5% on the day by the Chief Electoral Officer's first count Al Jazeera, later given as 7.14% Deccan Herald.
Timeline
Anantnag poll postponed
The Election Commission moves the Anantnag poll from 12 April to 25 May; separatists call a two-day shutdown The Caravan.
Result and Pulwama raid
Farooq Abdullah wins PTI via Assam Tribune. Police enter Government Degree College Pulwama; students are injured Gulf News. The Army orders a court of inquiry into the jeep video IANS via Morung Express.
Commendation and Gogoi's account
Gogoi receives the Army Chief's Commendation Card and speaks to reporters Kashmir Life.
The repoll and the result
The Commission ordered repolling at 38 stations across five Assembly segments of Budgam. On 13 April, 709 of 35,169 voters took part, a turnout of 2.02%, and no vote was cast at 27 stations Deccan Herald. Chief Electoral Officer Shantmanu put the final turnout for the seat at 7.13% Kashmir Reader.
On 15 April, Farooq Abdullah of the National Conference defeated the PDP's Nazir Khan, polling around 48,554 votes to 37,779. NOTA came third with over 930 votes PTI via Assam Tribune.
Anantnag postponed, then cancelled
On 10 April, at the state's request, the poll was moved to 25 May. PDP candidate Tassaduq Mufti, the Chief Minister's brother, also sought a delay. Police told the Commission they would need 687 companies of central forces to guard 1,117 polling locations. The Home Ministry said that was not feasible and offered 250 ECI order via Kashmir Life.
In its order of 1 May, the Commission said a "peaceful, free and fair poll is not feasible" and cancelled the poll, also citing Ramzan and the Amarnath Yatra ECI order via Kashmir Life.
The human shield incident
On 9 April, Major Leetul Gogoi of 53 Rashtriya Rifles had Farooq Ahmad Dar, an embroidery artisan from Budgam, tied to the bonnet of an Army jeep PTI via The Quint. A video was posted by former Chief Minister Omar Abdullah, who wrote that a warning could be heard "saying stone pelters will meet this fate" and called for "an urgent inquiry" The Quint. Reports differ on how far Dar was driven: nine villages LiveLaw, 17 villages over about 28 km in six hours Kashmir Life, or nearly 28 villages PTI via India TV.
Police registered an FIR against unidentified personnel of 53 Rashtriya Rifles under IPC sections 342, 149, 506 and 367 (wrongful confinement, unlawful assembly, criminal intimidation, kidnapping) Gulf News. The Army convened a court of inquiry on 15 April IANS via Morung Express. On 15 May, citing an India Today report based on unnamed sources, Kashmir Life reported that the inquiry had recommended no action against the officer Kashmir Life. No official finding was published.
On 22 May, Gogoi received the Army Chief's Commendation Card for "sustained efforts" in counter-insurgency. Army officials did not say whether the jeep incident had anything to do with it IANS via Morung Express.
Farooq Ahmad Dar's account
Dar told investigators he had voted and was heading to a relative's village when soldiers caught him The Quint. After Gogoi spoke, Dar said: "The army major is lying to save himself," and that a ringleader of stone-pelters would not have cast a vote. He called the inquiry "a complete eyewash" and said he would never vote again Kashmir Life.
Documented A J&K Police report of September 2017 said Dar had gone to Gampora for a condolence visit, reached Utligam crossing, "was lifted by Army during stone pelting" and was "kept under wrongful confinement" Sabrang India.
Army and Centre's account
Army's position Gogoi told reporters on 23 May that about 1,200 stone-pelters had surrounded ITBP men and polling staff at Utligam, that Dar appeared to be instigating the crowd, and that "Had I fired, there would have been more than 12 casualties" Kashmir Life.
Army chief General Bipin Rawat told PTI: "This is a proxy war and a proxy war is a dirty war... You fight a dirty war with innovations." He said the award was meant to boost the morale of young officers PTI via Asian Age. Defence Minister Arun Jaitley said the Army "was also interested in saving lives" IANS via Morung Express.
The human rights commission's order
On 10 July 2017, the J&K State Human Rights Commission, chaired by Justice (retd) Bilal Nazki, directed the state government to pay Dar Rs 10 lakh within six weeks. It said: "I have no doubt in my mind that Farooq Ahmad was subjected to torture and humiliation, besides (being) wrongly confined." It said it could not examine the Army's conduct because of the limits of the Protection of Human Rights Act, 1993, and that the order was recommendatory PTI via The Quint LiveLaw.
Claim · Kashmir Life In April 2018, Kashmir Life reported that the PDP-BJP government had turned the recommendation down, and that Deputy Chief Minister Nirmal Singh had called Dar a leader of stone-pelters Kashmir Life.
Student protests
On 15 April, police and armoured vehicles entered Government Degree College Pulwama, students said to arrest classmates accused of stone-pelting. Clashes followed, with tear gas and pellets Kashmir Life. Injury counts vary: Kashmir Life gives over two dozen, and Al Jazeera says more than 15 were admitted to hospital in Pulwama, most with pellet injuries to the eyes Al Jazeera.
Students across the Valley protested, most intensely at Srinagar's SP College and the Government College for Women, with clashes reaching Lal Chowk Kashmir Life. Al Jazeera reported more than 50 students injured on 17 April Al Jazeera. Divisional Commissioner Baseer Khan ordered universities, colleges and classes XI and XII closed The Quint. The government later transferred the Pulwama SHO and SP Kashmir Life.
Internet and social media ban
Police had 3G and 4G mobile services cut on 17 April, saying videos were being circulated "to create fear" or show security personnel "in poor light" The Quint. On 26 April, Principal Secretary (Home) R K Goyal ordered ISPs to block 22 sites, including Facebook, Twitter, WhatsApp and YouTube uploads, for one month under the Indian Telegraph Act. Government's position The order said: "It is being felt that continued misuse of social networking sites and instant messaging services is likely to be detrimental to the interests of peace and tranquillity in the state" SFLC.in Gulf News.
Mobile data returned on 29 April Gulf News. On 11 May, UN special rapporteurs David Kaye and Michel Forst said the ban had "the character of collective punishment" Al Jazeera. The ban lapsed on 26 May, with officials citing widespread use of VPNs The Tribune. Mobile internet was cut again the next day The Quint.
Positions taken
- PDP-BJP state government: Chief Minister Mehbooba Mufti said she was distressed that many of those killed were young boys and urged an end to the "cycle of senseless violence" Kashmir Life. She said she had warned the Commission "of violence and low voter turnout in these elections, and both things happened" The Tribune. PDP MLA Javid Mustafa Mir said firing procedure was not followed: "We had to conduct polls, not killings" The Caravan.
- Centre: The Home Ministry had advised against holding the polls in April, then could not supply the forces asked for Anantnag ECI order via Kashmir Life. Home Minister Rajnath Singh said he would look into the jeep video NDTV via Daily Star.
- Separatists: Called the boycott, then a two-day shutdown after the killings, and told voters in south Kashmir to "stay away from this drama and follow people of central Kashmir" The Caravan.
- Opposition (NC, Congress): Omar Abdullah demanded an inquiry into the jeep video. Farooq Abdullah said the social media ban would "play havoc" with the economy and students Deccan Herald. The NC youth wing marched in Srinagar against the "unprecedented force" used on students The Quint.
Outcome and where things stand
- Deaths: Eight killed on 9 April. DGP S P Vaid said on 10 April that no inquiry had been set up yet The Caravan. No later inquiry result was found.
- Gogoi: In May 2019 the Army confirmed a court martial verdict on a separate 2018 charge of "fraternising" with a local woman in a Srinagar hotel case; he lost seniority and was moved out of the Valley PTI via India TV. No action was reported over the jeep incident.
- Dar: In April 2019, PTI reported he was working as a sweeper on consolidated pay in the health department and had been posted on election duty PTI via India TV. No report of the compensation being paid was found.
Questions people ask
How many people were killed in the 2017 Srinagar by-election?
Eight people were killed when security forces fired on protesters on 9 April 2017, in Budgam and Ganderbal districts. Dozens more were wounded by bullets and pellets.
Was Major Gogoi punished for the human shield incident?
No. He received an Army Chief's Commendation Card in May 2017. He was later punished with loss of seniority, confirmed in 2019, for a separate 2018 incident at a Srinagar hotel.
Did Farooq Ahmad Dar get compensation?
The state human rights commission ordered Rs 10 lakh in July 2017, but its order was only a recommendation. Kashmir Life reported in 2018 that the state government turned it down.
Sources
- Al Jazeera: Police kill civilians in Kashmir by-election clashes, 9 Apr 2017
- The Caravan: In Srinagar, the aftermath of the by-poll violence is reminiscent of the 2016 unrest, 12 Apr 2017
- Kashmir Life: Boycott by-polls; observe shutdown on voting day: Hurriyat, 4 Apr 2017
- Kashmir Life: Mehbooba expresses anguish over loss of lives, 9 Apr 2017
- Scroll: Srinagar bye-elections: Only 2% turnout at 38 polling stations in Budgam, 13 Apr 2017
- Deccan Herald: 2% turnout in Srinagar LS seat repoll, 14 Apr 2017
- Kashmir Reader: 2 percent voting registered at 38 polling stations: CEO, 14 Apr 2017
- The Tribune: Mehbooba: Had warned ECI against holding byelections, 15 Apr 2017
- PTI via Assam Tribune: Farooq Abdullah wins Srinagar Lok Sabha bypoll, 15 Apr 2017
- The Quint: 'It was do or die': Army reacts to viral video of man tied to jeep, 15 Apr 2017
- The Daily Star (from NDTV): Protester tied to army jeep 'for defence' in Kashmir, Apr 2017
- Gulf News: FIR lodged against army for tying civilian to jeep, Apr 2017
- The Quint: Student protests in Kashmir over Pulwama college (live), 18 Apr 2017
- Al Jazeera: Female Kashmiri students lead anti-India protests, 27 Apr 2017
- SFLC.in: 22 social media websites blocked in Kashmir valley for up to one month, 27 Apr 2017
- Deccan Herald: Social media curtailed in Valley, 27 Apr 2017
- Gulf News: Mobile internet services restored in Kashmir after 2 weeks, 29 Apr 2017
- Kashmir Life: Election Commission order cancelling the Anantnag by-poll (full text), 2 May 2017
- Al Jazeera: UN experts call for lifting of Kashmir social media ban, 11 May 2017
- Kashmir Life: Human shield: Army inquiry gives Major clean chit, 15 May 2017
- IANS via Morung Express: Major in 'human shield' incident gets Army chief's commendation card, 22 May 2017
- Kashmir Life: Major Gogoi lying to save himself, says Budgam man, 24 May 2017
- The Tribune: Social media ban revoked in Kashmir, 27 May 2017
- The Quint: Within a day of being lifted, social media banned again in Kashmir, 27 May 2017
- The Quint: Need innovative ways to fight: Army chief on human shield incident, 28 May 2017
- PTI via Asian Age: Army chief: Dirty war in J&K, must innovate, 29 May 2017
- Kashmir Life: Campus Chaos, 2 Jun 2017
- PTI via The Quint: Rs 10 lakh compensation for 'human shield', directs rights body, 10 Jul 2017
- LiveLaw: J&K SHRC awards Rs 10 lakh compensation to man used as human shield, 11 Jul 2017
- Sabrang India: Man used as human shield was not a stone pelter, says J&K Police report, 26 Sep 2017
- Kashmir Life: A year later, Farooq Dar still feels tied to the bonnet, 9 Apr 2018
- PTI via India TV: Used as 'human shield', Farooq Ahmed Dar now on poll duty, 18 Apr 2019
- PTI via India TV: Major Leetul Gogoi suffers seniority reduction and exit from Kashmir Valley, 5 May 2019