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Why CoI was given only 17 killings to probe: HC

SYED BASHARAT. Dated: 6/7/2013 12:02:54 AM

‘Consider compensation for victims who died after October 2, 2010’

SRINAGAR, June 6: The High Court today asked the state government why the Commission of Inquiry (CoI) was constituted to probe only 17 killings and not a total of 117 killings that took place during summer unrest of 2010.
A compliance report has been sought from the government in this regard by a division bench of the High Court comprising of Chief Justice M M Kumar and Justice Husnain Masoodi by or to be submitted by or before July 22, said Showkat Ahmad Makroo, the Assistant Solicitor General.
The division bench also directed the Union of India and the state government to consider the cases for compensation with regard to the victims who died in the unrest after October 2, 2010.
As the Public Interest Litigation (PIL) filed by Jammu and Kashmir Liberation Front (JKLF) on the matter came up for hearing, the Court gave four weeks time to the government to file compliance report with regard to appointment of CoI in terms of order dated October 8, 2012. On October 8, 2012 the Court had asked the state government to explain the ‘rationale’ behind limiting the commission of inquiry to only17 civilian killings that took place during 2010 unrest in Kashmir.
Earlier also on April 5, the court had granted two more weeks to the state government to explain grounds behind referring only 17 killings that took place during summer unrest of 2010 to the CoI.
On March 11, the Union of India had briefed the court that it already disbursed Rs 5.1 Crores to Jammu and Kashmir Government for 102 families who lost their near and dear ones in summer unrest of 2010.
In its compliance report with regard to directions passed by the Jammu and Kashmir High Court, Makroo, had said that the money stands transferred to the government of Jammu and Kashmir and has been kept at its disposal for the security related expenditure. “The amount to the tune of Rs 5.1 Crores have been earmarked for the ex gratia for 102 families who have lost their members during 2010 unrest and the relief amount covers the deaths that took place during June 11, 2010 till October 2, 2010,” Makroo had told Kashmir Times.
The Court had accepted substitution of Mohammad Yasin Malik who had filed the PIL after Zaffar Shah, Malik’s counsel put up advocate Imtiyaz Sofi’s name as the petitioner replacing Malik from the PIL. Malik through his PIL had sought judicial probe into the deaths during 2010 mass uprising in Kashmir. However, the government through advocate general objected to filing of PIL by Malik saying that a person facing charges can not move a PIL.
The Court had also asked the state government to file affidavit on the list of beneficiaries (victims of 2010 agitation) of centre and the state government compensation granted in terms of ex gratia relief.
On Jan 31, 2011 the High Court had asked Director General of Police (DGP) as to why cases were not registered by police in majority of death incidents during last summer agitation. The DGP was also directed to file a detailed report about the present stage of investigation in 37 cases of deaths where police lodged First Information Reports during the same period.
Noted lawyer, Zaffar Shah on behalf of Malik had also sought directions from Court to the government to register cases in left-out death incidents that took place during last year’s agitation.
It may be recalled that Malik in his PIL had prayed before the court to monitor and supervise investigation besides ensuring that proper evidence is collected and the investigation taken to its logical conclusion in cases where FIRs have been registered but investigation is still pending.
In this 30 page PIL, Malik’s lawyer has not only structured the facts well and given the chain of events which led to the killing of over a hundred people across the valley, but has also substantiated the same with every incident in its chronological order.
Malik has further suggested appointment of a High Level Committee with men of eminence on board to prevent such deaths in future besides pleading before the Court to lay down norms to be observed by armed personnel before resorting to firing against the demonstrators.
In case of peaceful demonstrators or those who resort to stone pelting, Malik has sought court directions that no lead bullets are used. “It be further directed that in the event that any situation requires resort to firing, it shall not be so done without the express permission/ order of a Magistrate who has at least 20 years service and is a man of integrity and qualified in law,” the JKLF PIL reads.
Questioning the government decision to forward only selective number of cases to the Commission of Inquiry, Malik has said that the questions which hold true for the 17 deaths cases referred to the Commission, also hold true for other deaths. The JKLF chairman has maintained that the strategies used in confronting the public demonstrations were the same as are used in combat military operations and the persons killed were totally unarmed. According to Malik each and every death which has occurred during the last public agitation, has its own story to tell.
So with reference to the Commission of Inquiry, Malik had sought directions from the Court to identify, ascertain and evaluate the circumstances attending the death of these 117 persons between January, 2010 and December, 2010 except those where the final report, consequent to investigation, has already been submitted before the competent court.
The Court has also been requested to declare that in the event any armed personnel is found guilty of any act of omission and commission attracting penal provisional such armed forces personnel would not be entitled to claim immunity under the provisions of Armed Special Powers Act (AFSPA) and or any other statute governing the field.