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| Commission of Inquiry delivers judgment even before holding inquiry | | |
EARLY TIMES REPORT
JAMMU, July 31: On July 26, the NC-Congress coalition government took a mind-boggling step by invoking provisions of the Jammu and Kashmir Commission of Inquiry Act, 1962, and appointing a Commission of Inquiry to examine the circumstances leading to the killing of 17 Kashmiri protestors between June 11 and July 11, with the acting Chairman of the State Human Rights Commission, Justice (retd) Syed Bashir-ud-Din, as its Chairman and Justice (retd) YP Nargotra as member.
The Commission has yet to start its work in the real sense of the term. According to a report, "the government has only issued the order (regarding the institution of Commission of Inquiry) but not the terms of reference." Besides, the government has yet to place at the disposal of the Commission the necessary staff. Significantly, the Chairman of the Commission has also told a Kashmir-based English language daily that "he would investigate fresh killings only if government wants him to do so." Fair enough. He is right when he says that he would investigate "fresh killings" (that took place on July 30) only if he is asked by the government to do so.
This is one side of the story and there is nothing that is really noteworthy, except the fact that whether or not the government should have appointed this commission considering the prevailing volatile, grim and dangerous situation in the Kashmir Valley.
If the institution of the Commission of Inquiry has angered sections of people in the state and outside and questioned the very rationale behind this extreme step or questioned the very intentions of the state government, the remarks reportedly made by the Chairman of the Commission, Justice (retd) Bashir-ud-Din on July 30 will surely make the people question the very credentials of the Commission. They will surely say that the Commission has already made up its mind to exonerate all those who took to violent methods to further their separatist and communal agendas; who attacked the bunkers and the CRPF personnel on duty and who challenged the very institution of the Indian State. In other words, the people may say that the Commission of Inquiry will hold the security forces squarely responsible for the 17 deaths that took place between June 11 and July 11. And, there are legitimate reasons for them to draw such conclusions, including the conclusion that the Commission of Inquiry has delivered its judgment even before holding a thorough probe.
Take, for example, what Justice Bashir-ud-Din told the correspondent of a Kashmir-based English language daily (Rising Kashmir) on July 30. He told: "As the chairman of State Human Rights Commission he condemns excessive use of force on the protestors. Opening bullets on unarmed protestors even if they are pelting stones is unjustified…" This statement was also coupled with a suggestion to the Rising Kashmir correspondent that "his statement should come as the SHRC head."
The statement made by Justice Bashir-ud-Din and his suggestion just cannot be overlooked, as they constitute a reflection on the approach the Commission is likely to adopt during the course of investigation. It hardly matters whether he makes such a statement in his capacity as head of the State Human rights Commission. How can one's attitude be different when one acts as Chairman of the Human Rights Commission and when the same person acts as Chairman of the Commission of Inquiry? It's a question of mindset and attitude. The moment any investigator says that he/she condemns excessive use of force on the protestors and that opening bullets on unarmed protestors even if they are pelting stones is unjustified, it indicates the investigator's approach to the issue under reference.
It is indeed impossible to avoid the conclusion that the statement of the Chairman of State Human Rights Commission has created serious doubts in the public mind and that it will be extremely difficult for him to justify what he told the correspondent.
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