Human Shield Case SHRC direction on compensation can’t be entertained

The government Thursday said SHRC’s directing to pay a compensation of Rs 10 lakh to human shield victim Farooq Ahmad Dar couldn’t be implemented.

In a written reply to NC MLA Ali Muhammad Sagar’s question, the government revealed in Legislative Assembly today that Police Station Beewah received information about a video being uploaded on the social websites suggesting that on April 9, 2017, Dar was tied with ropes on the bonnet of an army vehicle (Rakshak) followed by a Casper under threat, keeping him under wrongful confinement and making him a human shield etc.
It said on basis of this, an FIR No 38 of 2017 under sections 342, 367, 506 RPC was registered and investigation is yet to be concluded.

While admitting that the SHRC has recommended a compensation of Rs 10 lakhs in favour of human shield victim, the government said the recommendation was considered by the Empowered Committee in its 28th meeting on October 6, 2017.

“The Empowered Committee observed that the grounds on which the compensation has been recommended by the SHRC cannot be accepted,” the government disclosed.
While divulging reasons for not paying compensation to Dar, the government said, “No allegations regarding violation of human rights of the applicant have been leveled against the State Government or any of its functionary. The government has discharged its obligation by registering an FIR No 38/2017 in the matter at P/S Beerwah and consequent, initiating the investigation.”
“That pending completion of the investigation in the matter, the recommendation with regard to payment of compensation to the complainant, shall tantamount to establish the guilt of the case without affording him an opportunity of being heard,” it said adding, “As on date, there is no scheme or policy in vogue in the State, which could cover the payment of compensation like the present case.”
“That the SHRC in its recommendation dated July 10, 2017 has inter-alia observed that the Commission is handicapped to go into the conduct of the Army, who are allegedly responsible for the incident. Having so observed, the Commission lacks jurisdiction to entertain and adjudicate upon the present matter,” added the government.