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| Only 25 CoI constituted since 1980 in J&K | | Law deptt mum on action taken reports, skips reply on RTI | |
Early Times Report
JAMMU, Dec 21: According to reply to queries under Right to Information (RTI) by Law, Justice and Parliamentary Affairs Department only 25 Commissions of Inquiries (CoI) were constituted in Jammu and Kashmir since 1980, to fix responsibilities into various acts but reply on actions taken were ducked.
In reply to question by an RTI activist to Department of Law on "Give list of Commission of Inquiries constituted by Jammu and Kashmir government since 1980. How many have submitted reports and what action has been taken" The department just mentions the rule under which the CoI constituted, Incident the inquiring authority's name and mandate.
It has not mentioned a number of important inquiries into incidents like collapse of three storeyed Children Hospital Jammu in 1988 in which 25 people mostly children died. Evading reply to this question the Law department says, "Does not pertain to this department." Whereas the fact is that Justice Kotwal Commission of inquiry was constituted to look into reason of collapse of the building which was build just three years before.
An employee of the Law department told on condition of anonymity, "All I can tell you is that the reply in this case was deliberately skipped." He said that law department has all the records of Justice Kotwal Commission report and it "kept in loop in all the inquiries of the government."
There are inquiries which have been given one extension after another like Inquiry ordered on 19th August 2008 to inquire into death of one Farooq Ahmad of Sopore district Baramulla on 09th March 2008 the law department says, "The inquiry is still going on and recently the Inquiry officer has requested for extension and accordingly the term was extended for a period of three months."
A high profile case of "custodial death of Sayeed Mohammad Yousuf" a National Conference worker who had alleged to have taken bribe for posts in legislature and ministry. He was summoned by Chief Minister Omar Abdullah and handed over to crime branch who died a day later. It was alleged that Yousuf was tortured in Chief Minister's house before being taken away by crime branch. The Chief Minister promised a time bound judicial probe. Accordingly Justice (Rtd) H.S. Bedi of Supreme Court headed the CoI and started work on 19th Nov. 2011. It mandate was to "fix responsibility for the lapses, if any, committed by any person in discharge of his duties under law." The CoI was to submit its report in six weeks but it has recently been given third extension of two months from expiry of second extension on 28th March 2012.
Giving reply to question outcome of inquiry in incident of "fake encounter" in 2007 and action taken thereof, the reply was , "Does not pertain to this department." Whereas legally law department "is in loop of any inquiry that is taken up in public interest." In that fake encounter case three civilians were killed labeling them as militants in April 2007.
The reply of the law department is also silent on the report or action taken on it by Commission of Inquiry constituted on 29th July vide SRO no. 283 headed by Justice (Retd.) BAshir-ud-Din as its Chairman and Justice (Retd.) Y.P. Nargotra as member to inquire into "the circumstances leading to deaths by firing or otherwise in all the 17 incidents during law and order problems in Kashmir Valley since 11th June, 2010." These incidents had lead to widespread unrest in Kashmir valley leading to death over 100 and injury to many more.
Similarly the law department has evaded reply on reports and action taken thereof on all the 25 CoI it has listed leave aside the cases they have omitted. A senior lawyer of Jammu high court reacting on this said, "The Commission of Inquiries and their reports are public documents and it is binding on RTI to furnish the correct and complete information which is not a security risk and this query is surely does not fall under that."
A legal luminary and a retired judge of High Court, on condition of not revealing his name noted, "Action taken is mandatory in any commission of Inquiry. A CoI is constituted in two cases--- 1. A public interest issue or 2. Issue passes by legislature." He said in both the cases action taken is "compelling." He remarked, "Hiding or evading information goes against the spirit of RTI." |
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