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| Why talk of jurisdiction if NHRC wants justice for Sopore youth? | | | Early Times Report
JAMMU, Aug 5: After the National Human Rights Commission (NHRC) took cognizance of the custodial death of the Sopore youth and asked the state police to explain the circumstances those led to the youth's unfortunate death in police custody, questions are being raised whether the NHRC has jurisdiction over the state of Jammu and Kashmir or not?
It is most unfortunate that the plea of the special status of the state is always raised for the wrong reasons. When the NHRC wants to go into the circumstances those led to the youth's death in an SOG camp in Sopore, we have suddenly become legally wise and started asking the question whether or not the NHRC has legal jurisdiction over the state of Jammu and Kashmir.
It is a historic fact that whenever the national level statutory, recommendatory or advisory body tried to intervene in the state for the welfare of the people or to uphold the rule of law, voices were raised against the so-called direct intervention in the affairs of the state by bodies or organizations those are otherwise empowered at the national level to make such a warranted intervention.
The State Human Rights Commission (SHRC) is as powerful and as well equipped as the dilapidated building in Srinagar city which was supposed to the SHRC's office in the summer capital. The state government has already rendered the SHRC toothless and with little powers to even justify the amount of public money that goes into supporting the SHRC on papers at least.
Now that the SHRC does not have the teeth to take on the state government where matters of gross human rights violations are concerned, the intervention by the NHRC should have been welcomed by all and sundry. But, unfortunately, there are already voices in the state saying that the NHRC cannot intervene in this particular case since the NHRC does not have the jurisdiction to do so.
As a moot point of law that might sound nice to those who are not acquainted with the ways and means of the government in the state.
Accepted that on paper and as per the law, the NHRC does not have the powers to intervene directly in matters like the present custodial death in Jammu and Kashmir, but why does not anyone also speak on the law and powers of the police personnel in whose custody the youth was killed? Does the police have the powers to kill a person in custody? Why are we not talking of the jurisdiction and legal rectitude when it comes to the death of a youth in police custody?
It is neither in the interest of the country nor in the interest of the state police force to protect those responsible for the death of the Sopore youth inside an SOG camp. The state police force has given phenomenal sacrifices for the integrity of the country. It is through their blood and sweat that peace has been given a second chance in the state. Supported totally by the army and the central paramilitary forces, the state police has proved that its is second to none in the country when it comes to offering sacrifices or in maintaining the rule of law.
The martyrs' roll of honour for the Jammu and Kashmir police force is long and glorious. There needs to be no doubt about the professional excellence and competence of the state police and this has been acknowledged by the country's President, Prime Minister and the Home Minister.
And yet, it is the duty of the state police force to expose black sheep who have used the fair name of the uniform to behave like extra constitutional authorities those can hand down death punishments and also execute the sentences pronounced by them.
It is in the fitness of things that if the Sopore youth was killed because of torture, as the preliminary findings of the autopsy suggest, those responsible for the murder must be made an example of. It is only through self-discipline and accountability that the state police force can uphold the lofty ideals it has lived for and also when necessary, paid with its blood. The state director general of police, Kuldeep Khoda as the leader of this wonderful, disciplined and accountable force must ensure that the guilty are quickly brought to justice.
Yes, if there are other reasons for the youth's unfortunate death then those reasons must be put in the public domain. Whatever the magisterial probe, the departmental enquiry, or a trial court might finally say, the bigger question is that the state police force is accountable to its own people and it is important that the fair image of the force is upheld in the people's eyes. Unfortunately, the people have started fearing their own police and that is a sad commentary on the image of the force. |
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