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Wives, children of ex-ultras of J&K in Pak are eligible to accompany them; IB, RAW to help in scrutiny of their forms
Policy document is silent about how govt will come to know that prospective returnees do not have hidden agenda
12/1/2010 11:52:37 PM
Bharat Bhushan
EARLY TIMES REPORT
JAMMU, Dec 1: According to the policy document on return of ex-militants of J&K from Pakistan and Pakistan occupied Kashmir (PoK), their wives, children and other dependants would also be considered for entry into India as per the laws of the land.
IB and RAW, country's internal and external intelligence agencies, have been roped in to provide feedback about the prospective returnees and help government in the scrutiny of their application forms.
The policy document is, however, silent about the mechanism the authorities concerned would adopt to find out that those wanted to return really intended to join the national mainstream.
Their coming to this side with some hidden agenda could not be ruled out as they had been for two decades in the hostile Pakistan which had waged a proxy war against India.
The fact that they have remained in Pak and PoK under the influence of ISI, which is largely held responsible for training and sending militants into J&K, could not be ruled out.
Sanction was accorded by the government on November 23 last to the adoption of the policy and procedure for the return of ex-militants their homes in J&K.
Ministry of home affairs (MHA) and ministry of external affairs (MEA) would closely examine the lists of the prospective returnees. The document says the return would not be at the expense of the national security.
If the govt fares well in its this initiative, it would definitely give a boost to its morale. The path is, however, not smooth and seems to be full of thorns as the propective returnees were perched in a country which was house to criminal-turned-militant Dawood
Ibrahim, Syed Salahudin, Moulana Azhar Masood, several top LeT and HUJI commanders and Sikh militants.
The Pak-based J&K ultras, surely influenced by the militant ideology, have been allowed to stay and flourish in Pakistan only because of their anti-India stance. That Pakistan would allow them to return to India so easily, or without planting their own men among them, seemed just impossible.
The document says that the policy is intended to facilitate the return of ex-militants of J&K, who had crossed over to Pakistan and PoK for militant training between January 1, 1989 and December 31, 2009, but had now given up the insurgent activities due to a change of heart.
Their dependents, ie Pakistani wives and children, would also be eligible for consideration under the policy, the document says. The returnee, however, would not be entitled to any of the special benefits, or privileges available in the existing surrender/rehabilitation policy.
No general amensty was envisaged under this policy and the returnees would be duly prosecuted in cases registered against them at different police stations.
However, cases of illegal crossing registered against them would be reviewed by the government.
The SSP of the concerned district, where the prospective returnee resided before crossing over to Pak/Pok, would be the designated authority. Parents, or close relatives (if parents were no more) of the ex-militant, or the latter himself may apply in the prescribed performa.
The applications would be first scrutinised by the SSP concerned, who would then forward them to CID headquarters along with their comments.
The CID was also required to scrutinise the applications and forward them to joint director, IB (J&K), RAW's additional commissioner and BGS (operations) of the concerned corps for their further scrutiny.
A dossier would then be prepared. On its basis, a recommendation would be made about if the prospective returnee could be permitted to return, or not.
The dossier would be forwarded to home department where a committee would take the final decision. The committee has financial commissioner (Home) as its chairman and DGP, additional DGP (CID), law department's principal secretary, zonal IGPs and joint secretary (K), MHA, as members.
After the home department's orders, arrangements would be made for the return of the person. The home department's orders would be conveyed to MHA and MEA. The MEA would also convey the details of the prospective returnees to the High Commission of India, Islamabad. The returnee could also apply at the Mission office which would issue him an Emergency Certificate.
The prospective returnees would be permitted to enter India only through Wagah, or Attari, or the cross-LoC crossing points at Salamabad and Chakan-da-Bagh. They were also allowed to come by air through the Indira Gandhi International Airport, New Delhi.
From the crossing points, the returnees and their dependants would be escorted to J&K.
A record of their entry into India would be maintained by the immigration authorities at the crossing points. In J&K, this record would be maintained by CID wing of the state police.
Returnees, their Pakistani wives and children would be kept in counselling centres in J&K where they would be lodged for three months, or for such longer time as would be necessary for their thorough interviews, debriefing and necessary documentation.
The returnees would be trained in suitable trades and skills in ITIs and other training institutes to "enable their reintegration into society".
The returnee's conduct and behaviour would be closely monitored by police and CID for two years from the completion of their counselling.The policy and the application forms would also be made available on the internet to facilitate online registration of returnees and their family members.
In case a returnee was sent to judicial custody for criminal cases pending against him, his wife and children would be allowed to stay at the counselling centre, or with their relatives.After the counselling period was over, the officer incharge would prepare a discharge report in the format prescribed in form-IV and inform the SSP concerned and the CID with a copy to MHA. If anything adverse was reported against a returnee, financial commissioner (Home) was authorised to take a final decision about him.
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