Govt rejects 45% rights violation cases of SHRC

The government has rejected 45 percent recommendations of State Human Rights Commission (SHRC) till September-end 2018.

The recommendations pertain to different cases of human rights violations filed by victims or their representatives before the commission.

REJECTED RECOMMENDATIONS

Of the total 142 cases listed before the commission, the government rejected recommendations of 64 cases.

In these recommendations, there are 51 previous cases of which the government rejected 17 recommendations.

The recommendations are rejected by the government’s Empowerment Committee or the concerned officer at a district level.

ACCEPTED RECOMMENDATIONS

Till September-end 2018, the State government accepted only 33.09 percent of recommendations including 34 previous cases which were listed before the commission with regard to the compensation and ex-gratia relief to those human rights victims whose cases and petitions are filed in SHRC.

PENDING RECOMMENDATIONS

However, of the 142 cases, Action Taken Report of 21.83 percent of such cases are pending before the government and recommendations in 31 cases are under process.

According to the official documents available with Rising Kashmir, an agenda for the meeting of the empowered committee was constituted last year in which 24 compensation cases were taken and the majority of the cases were forwarded to Police and civil administration.

However, both the respondents are yet to file their inputs regarding those cases.

The documents read that the State government held a meeting regarding 54 cases which was taken by the District Level Screening-cum-Consultative Committees (DLSCC) of Kupwara under the chairmanship of district magistrate on 20 January 2004 which was attended by Superintendent of Police, Handwara, representatives of 7 and 8 Sector of Rashtriya Rifles of the Army, and the representative of paramilitary BSF.

“In the meeting, a total number of 51 cases came up for the discussion of which 34 cases including the cases of complainant were cleared for grant of ex-gratia relief of one Rs 1 lakh each and two among them were given ex-gratia relief of Rs 75,000,” reads a government reply.

CASE STUDIES

The Home department in 30th meeting of agenda said Police in a case Mohammad Shafi Wani, son of Noor Mohammad Wani of Zampathri Shopian said during the fresh verifications it was established that Ghulam Qadir Wani son of Noor Muhammad Wani of Jampathri was affiliated with Al-Jehad militant outfit.

“He was arrested by Army 2 Para Camp Balpora in the year 1995 and case under FIR No 65/95 under section 7/25 of the Arms Act was registered against him in Police Station Rajpora, of district Pulwama,” Police said. “After his release, he was putting up with his brother-in-law Ali Muhammad Wani, son of Ghulam Muhammad Wani of Jampathri due to some personal dispute with his brother Muhammad Shafi Wani, son of Noor Muhammad of Jampathri.”

The Police report also read that on 2nd August 2002, Ali Muhammad Wani, the brother-in-law of Muhammad Shafi Wani lodged a written report in Police Station Keller that on 29th August 2002 during early hours, Ghulam Qadir Wani went to the river for washing his face in a routine manner and did not return.

The government said Police informed that despite a thorough search made by the relatives, he could not be traced.

A missing report was entered in the daily diary of Police Station Keller vide DD No 8 dated 2nd August 2002 and a search of the missing person was carried out.

During the search and as per the records of the Police Station, it was expected that the missing person has ex-filtrated to Pakistan administered Kashmir in the year 2002.

After looking into this the government committee observed that in view of the affiliation of the brother of the complainant with the militant outfits, the recommendations of the SHRC cannot be accepted.

Similarly, the government while listening to the recommendations of SHRC in connection with the case ‘Death of one under-trial prisoner Muhammad Ismail Shah son of Abdul Rehim Shah of Churat Kulgam said the Director General (DG) of Prison said, “In pursuit to Para 57.4 of J&K Jail Manual the powers for holding inquest into the death case of a prisoner rests with the District Magistrate concerned.”

“However, a prompt is required to be given by Superintendent Jail and conveyed to the nearest concerned magistrate immediately after such deaths occur in the jail. The Superintendent, Central Jail Srinagar, has timely informed District Magistrate, Srinagar about the death of the prisoner,” the DG said.

The prison department said even (Superintendent, Central Jail Srinagar) made a request to district magistrate Srinagar on 6 April 2013 to conduct a magisterial inquiry in the matter vide Letter NO Estt/131-32 dated 6 April 2013 but till date, nothing has been heard from District Magistrate, Srinagar.

“Further, circular instructions have been issued by Prisons department to all the Superintendent Jails to ensure safety and security of prisoners. Pending outcome of the magisterial inquiry, the Superintendent Central Jail, Srinagar was asked to identify and locate the defaulting official responsible for the said episode,” reads a DG Prisons reply.

The DG said that it was found that the incident under reference as per circumstances was an isolated one which happened in the spur of moment apparently and does not seem to be the result of any laxity or inadequate measures.

The (government) committee accepted the recommendations of the SHRC and decided to forward the case to the State Legal Services Authority to consider the payment of Rs 2 lakh to the NoKs of the deceased us per SRO 229