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| HC stays investigation in Kunan-Poshpora mass rape | | | Early Times Report
SRINAGAR, Jan 15: The J&K High Court today stayed investigation by police in mass rape of over 30 women allegedly by army in twin villages of Kunan and Poshpora in Kupwara district of north Kashmir in 1991.
Hearing petition filed GOC 28 Infantry Division; a single bench of Justice Tashi Rabstan also issued notice returnable by two weeks to State through Superintendent of Police Kupwara and Station House Officer, Police Station Trehgam where case FIR 10/91 under section 452, 376, 342 was registered on the recommendations by the then Deputy Commissioner Kupwara.
In its petition, the army has sought directions to quash 18-6-2013 orders by a Judicial Magistrate in Kupwara directing re-investigation in the case. The army has also sought annulling of 8-8-2014 order by Sessions Judge Kupwara dismisses army's revision petition challenging the reinvestigation
The GOC said that the petitioner is empowered and authorized to examine, enquire and try the persons subject to Army Act under his control in respect of the allegation attributed on to them while on "Active Service.
On December 29, a Division bench of High Court had directed police to file status report with regard to investigation into 1991 infamous mass rape. Hearing a PIL, the Division Bench had issued the direction after SIT again informed it that army was not cooperating with the investigation.
The court has directed SIT to file the status report by next date of hearing in 3rd weeks of February.
"On 29-10-2014, Brigadier Commander 68 Mountain Brigade Camp Trehgam was reminded, requested that present place of posting including residential particulars in respect of the 125 officers/men of 4 Raj Rifles then posted under the command of 68 Mountain Brigade Trehgam in the year 1991 may kindly be communicated," Superintendent of Police Kupwara had said in the status report filed before Jammu and Kashmir High Court.
Besides, the SP had said, they were directed to attend his office at the earliest for questioning in order to enable investigating agency to conclude the investigation on its merit at the earliest. "On 14-11-2014, (I) called on J S Sandhu (VSM) GOC 68 Infantry Brigade at Head quarters Zangil in order to discuss the line of action regarding presence of (125) officers/jawans who had concluded the searches/cordon in twin villages of Kunan-Poshpora during the night intervening of 23/24 February 1991 as per the nominal roll," he said, adding, "After half an hour meeting with J S Sandhu stated that matter has been already taken up with higher authorities and assured that their presence will be ensured as soon as their whereabouts are ascertained."
"The Court is further prayed that Union of India through Defence Ministry New Delhi may be directed to make arrangements of 125 officers/jawans as per the nominal roll who conducted the searches, so that the investigation could be taken to logical conclusion," he had added. |
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