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| Conviction rate of militants very poor in J&K | | behind the veil | | EARLY TIMES REPORT
JAMMU, May 4: Mohd.Afzal Guru was convicted and sentenced to death by the Supreme Court on charge of conspiracy in the December 2001 terrorist attack on the Indian Parliament.The Court announced its verdict in 2004 meaning that the apex court gave its judgement within less than three years.
Mohammad Ajmal Amir Kasab was found guilty of murder and waging war against India by a special court in Mumbai on May 3,2010.Kasab has been held guilty of masterminding the terrorist strike in Mumbai about 525 days ago in which over 166 people,including foreigners and police officers,were killed.In case of Kasab the trial was completed within 190 days.
There were other cases too which were settled by the courts in a reasonable time-frame.Against this a large number of militants,arrested by the security forces in Jammu and Kashmir during the last 20 years, continue to languish in different jails.The reason being their trial has not been completed during all these years.One senior poe officer confirmed that some cases have been pending in the courts and the only progress has been in the shape of the prosecution securing date after date for the hearing.
The officer said that some cases have been pending since 1994-95.He made it clear that the courts are not responsible for it.In certain instances cases have been filed after a gap of three to four years of detention.In various cases the prosecution fails to buttress its argument with evidence and documentary proof.Fearing that the courts may dismiss the case against the militants the prosecution tries to secure extension in hearing.
Another officer said that the police have to face embarrassment when it has to rearrest those who complete the detention under Public Safety Act.He explained that under the Act a person is detained for a period of two years without trial.He said apart from militants some political leaders,belonging to the separatist camp,remain in detention without trial.
He said that the rate of conviction of militants,involved in gruesome killings,has been very poor in Jammu and Kashmir.In reply to a question a police officer said that so far no court has awarded capital punishment to any militant.The police officer said that had the rate of conviction been as high as in other states of India not many youths,including those infiltrating into the state from across the LOC,would have dared to indulge in arson and killings.
The officer while supporting strong measures against militants and those inciting people to violence referred to the recent crackdown on those groups of youths who have resorted to stone pelting on security forces and on rallies organised by political leaders.He said it was because of these strict measures that have resulted in the marked improvement in the situation.He said more than 300 youths have been arrested during the last two months and only those were released whose parents had given assurance in writing that their wards will not repeat their mistake.
One senior police officer stated that the weak cases prepared by the prosecution had allowed the courts to quash detention of even those militants who had been involved in killing of more than 10 to 20 civilians and security personnel.He wanted the concerned Government agencies to arrange proper training for the prosecuting lawyers so that they learnt the technique of preparing effective cases against the terrorists.He admitted that when compared to the other states the police fail to get support from the eye-witnesses of a terrorist strike in the Kashmir valley.He said not a single civilian comes forward to give evidence to the involvement of the militants in the armed attack.He said this also has delayed conviction.
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