news details |
|
|
| In a hopeless situation judiciary came to the rescue of CRPF | | | EARLY TIMES REPORT
JAMMU, Jan 16: "It is contended by the petitioners (Special Director General, CRPF) that despite various requests made to the Commission (of Inquiry) for issuance of extract of the statements and material on the basis of which notices have been issued, the same has not been supplied to them. Instead they have been directed to inspect the relevant papers including the documents/depositions/affidavits etc. on record of each of the file under reference so far it concerns the CRPF, paramilitary forces. It is further contended that the petitioners have been asked to face the probe without providing the aforesaid material to them. Notice in the CMP (OWP NO. 38/2011, CMP No. 39/2011, Special Director General, CRPF and anr. V. State and others) also as aforesaid. In the meantime, it is directed that Commission shall provide copies of the statements and the material on the basis of which notices under Section 10 of the Commission of Inquiry Act read with Rule 9 of Commission of Inquiry Rules have been issued to the petitioners, within a period of two weeks from today and proceed in the matter only after the material as aforesaid is provided to the petitioners, who are provided further two weeks to submit their defence and also an opportunity to defend their cases before it. However, it is made clear that final report shall not be submitted by the Commission without permission of this Court." - Justice Sunil Hali, Judge J&K High Court, January 15, 2011.
This interim order must have come as a great relief to the CRPF, which has been facing harassment since July 2010 for the simple reason that it discharged its obligations towards the state and the nation at the best of the Jammu and Kashmir Government. The petitioners' plea, coupled with an accusation that the Commission of Inquiry has not been supplying to them the relevant material so that they could respond to the notices issued to them, has only vindicated the Early Times, which has carried a number of stories on the Commission of Inquiry and its attitude towards the CRPF.
It its issue of August 1, 2010, the Early Times had carried a story captioned "Commission of Inquiry delivers judgment even before holding inquiry." The Story read: "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) Y P 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 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 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." (To be continued).
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
