State Human Rights Commission (SHRC) Tuesday said DGP on the basis of the report from IGP, Kashmir has almost admitted the guilt of the accused in connection with the 1991 Khaniyar massacre, but an ATR (Action Taken Report) is awaited because of some formal sanction by the government.
Member of the Commission, Abdul Hamid Wani while hearing the case said, “This is in spite of the fact that Director General of Police on the basis of the report from IGP, Kashmir vide No PHQ/SHRC-63/2013/4119 Dated 16.01.2018 has almost admitted the guilt of the accused in (1991 Khaniyar massacre), and simply an ATR (Action Taken Report) is awaited because of some formal sanction by the Home Department.”
The Commission also said that the case is so old that with the lapse of time it may become obsolete with no follow up from any quarter.
Before adjourning the case till 16.05.2018, Wani said, “What needs to be specifically done by the government which includes the Home Department and the DGP is to expedite the sanction for prosecution.”
“The Commission is least interested in the initial correspondences between the Director General of Police and the Home Department and is simply interested in the dispensation of justices to the victims,” Wani added.
Pertinently in the year 2018, police in a reply to SHRC with regard to 1991 Khaniyar massacre has informed that “The file was submitted to Home Department for accord of government sanction wherefrom the case file was returned with some observations/queries.”
The petition of the case was filed by human rights activist and chairman of International Forum of Justice (IFJ) Ahsan Untoo in the year 2013.
“The same was replied and the file was again submitted to Home Department for accord of sanction but the same has been received back from Government Home Department vide letter No. Home/ Pros/23/2017/5225 dated 14.12.2017 for the English translation of the copy of FIR statement of the witness, final report and incriminating material relied upon and other documents in the Case Dairy (CD) file,” Police told SHRC.
However, in the year 2017 police told the Commission that, “Report received from IGP Kashmir Zone Srinagar reveals that on 08-05-1991 case FIR No. 41/1991 was registered in Police Station Khanyar regarding the death of 21 persons and injuring of 54 person in shootout by 2nd Battalion CRPF personnel at Khanyar, Srinagar.”
“The investigation of the instant case was closed as challaned. Subsequently, the file was submitted to Home Department for accord of government sanction, wherefrom the case file was returned with some observations/queries which are being taken care of,” the police report reads.