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Compensation to Kunan-Poshpora rape victims
Govt to challenge HC order before SC
11/11/2014 11:55:31 PM
Early Times Report

Srinagar, Nov 11: The State Government today informed the Jammu and Kashmir High Court that it has decided to file Special Leave Petition before Supreme Court against the orders of compensation to the victims of mass rape victims of 1991 Kunan-Poshpora in Kupwara district.
As soon as hearing in the case started before a Division Bench comprising Justice Muzaffar Hussain Attar and Justice D S Thakur, Additional Advocate General R A Khan informed that the state government has decided to challenge the court orders regarding compensation to the victims before the Supreme Court of India. At the same time, Union of India also filed a reply affidavit, raising objections about the maintainability of the writ petition. "The issue about the maintainability of the writ petition would require to be considered. The parties to address arguments about the maintainability of the writ petition on the next date," the Division Bench said. At least 40 women were allegedly raped by personnel of Army's 4 Rajputana Rifles during the intervening night of February 23/24 in 1991 in the twin villages of Kunan and Poshpora in Kupwara district of north Kashmir. The SHRC in 2012 recommended re-investigation, payment of Rs two lakh as ex-gratia to victims and action against then Director Prosecution for closing the case in 1991 as untraced. Meanwhile, the head of the Special Investigation Team (SIT) in the status report stated that he joined on I8th October. In order to bring the Investigation to its logical conclusion, the officer said that he has taken up the issue with the Brigadier concerned and sought further time for concluding the investigation. "The SIT is duty bound to take all necessary steps in law to ensure that Investigation is concluded with reasonable dispatch. It is not only statutory requirement but is Inherent in the Constitutional guarantee contained in Article 21 of the Constitution of India," the Division Bench said and directed the present head of the SIT to take all necessary steps in accordance with law and conclude the investigation with reasonable dispatch. "He must take a stand by filing further status report as to how much time it would require him to conclude the investigation," the court said and granted three weeks time to him.
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