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| Kunanposhpora mass rape: HC issues show-cause notice to J&K Govt | | | Early Times Report
SRINAGAR, May 20: Division Bench of high court today issued show cause notice to government, asking it to explain as to why prayer by petitioners of Kunanposhpora mass rape, seeking constitution of SIT, cannot be accepted.
Division Bench comprising of Chief Justice M.M.Kumar and Justice Muzaffar Hussain Attar passed orders on a petition filed by five survivors of alleged mass rape, seeking directions to respondents to constitute a Special Investigation Team (SIT) to be headed by an officer above the rank of Senior Superintendent of Police.
"Basic aspect of the matter is that some recommendations were made by State Human Rights Commission and the state government was asked to take certain decisions. Some decision has now been taken which is adverse to interest of the petitioners. The notice to show cause why prayer made in the petition is not accepted," the bench said and on it's asking Additional Advocate general R A Khan, accepted the notice.
"He shall file status report about the investigation and the status with regard to the decision taken by the state government and the reason as to why the decision adverse to the petitioners has been taken." Court also issued notice to other respondents Union of India and nine army soldiers of the 4 Rajputana Rifles, B.G Verghese (former member of Press Council of India) and Wajahat Habibullah (then Divisional Commissioner, Kashmir). The Court recorded the contentions of the survivors that no proper investigations had been carried out till date by SP Kupwara and that the Government had in response to a RTI claimed that the survivors were not entitled to any compensation, since there was no ex-gratia or compensation scheme in existence for rape victims in 1991. Before passing orders, the Court heard detailed arguments on behalf of the survivors.
Advocate P Imroz, Counsel for the survivors took the court through the history of the case in the High Court, State Human Rights Commission and the Kupwara courts.
He emphasized that despite the order of further investigations by the Judicial Magistrate, Kupwara on 18 June 2013, the SP Kupwara, had not carried out any substantive investigations within the stipulated time of three months, and had instead repeatedly sought extensions, without notice to the survivors.
On May 14 this year, the High Court had closed as "premature" a Public Interest Litigation, seeking reinvestigation into the alleged mass rape. Quoting reports, the PIL had said that troops of 4 Rajputana Rifles "committed mass rape of 32 women of all ages on the night of February 23/24 in 1991. |
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