Page 43 - English Tehelka Issue 6 - March 31, 2018

kashmir

n January 27, when a con- How inaction in Bhat. “Since there are dissenting and tected by the AFSPA. The law was en- of the state government’s action in the
tingent of the Army led by contradictory versions coming up as to forced in the Kashmir Valley in 1990, a event of a human rights violation.
Major Aditya Kumar killed what happened on that fateful day, the year after the outbreak of militancy. It “Supreme Court has only issued an
three civilians at Shopian, matter needs to be thoroughly probed gives the armed forces immunity from interim order. So, we will have to wait
O Jammu and Kashmir Gov- civilian killings in because people have every right to prosecution while operating in the in- for the judgement,” the president of the
ernment moved quickly to lodge an FIR know the truth,” he said. ternal conflict zones. Any action against High Court Bar Association Mian Abdul
against Kumar. But the BJP, a part of the Similarly, the local media has high- the Army personnel involved in alleged Qayoom said. “In most of the cases, it is
ruling combine with the PDP, opposed Shopian undermines lighted the detrimental fallout of the human rights violations has to be sanc- the Army which files the FIR justifying
the FIR. Its leaders publicly defended new state of affairs. “The civilian kill- tioned by the defence ministry, which it the killings. Sometimes, the state gov-
the Army with one of them, Ravinder ings always become a cause for a mass has never done so far. ernment too files an FIR under public
Raina, justifying the civilian killings by Mehbooba disaffection. And the state govern - In fact, an RTI query in 2012 found pressure. Ordinary people can also file
the Army as “an act of self defence, for ment, despite assurances to the con- that the defence ministry would not it. But in Major Aditya Kumar’s case, the
the security of the nation and as per trary, hasn’t been able to put a stop to trust J&K Police investigation into hu- Supreme Court has stayed the investi-
law”. Other senior BJP leaders and Un- the killings,” read an editorial in a local man rights violations against the army. gation. Only final judgement will make
ion minister Jitendra Singh said: “Noth- With disagreements with its coalition partner BJP and the Su- daily. “And after the Supreme Court in- In 19 out of the 24 cases against army things clear”.
ing should be said or done that would preme Court getting involved, the space for the J&K tervened to stay the FIR against Major personnel sent by the J&K government An adverse order, however, will
lower the morale of the Indian Army”. Aditya Kumar for his alleged role in for sanction for prosecution in the make the already beleaguered CM’s
Later, father of Kumar, Lt Col Karam- government to take action in cases of alleged human rights the earlier civilian killings in Shopian, preceding five years, the ministry had position further difficult. More so
veer Singh, moved the Supreme Court violations has further shrunk and the Army has virtually be- the state government has more or less found the police investigation shoddy when her coalition partner, the BJP, has
against the FIR. The apex court in an come out of its bounds, riyaz wani writes lost power to pursue action of even an enough to merit the sanction. thrown its weight behind the agitation
interim order has since restrained the ornamental nature against the erring All is, however, not lost yet. Though led by the Hindu Ekta Manch in Jammu
state government from initiating any security personnel.” the BJP is likely to continue to defend which supports the accused in the rape
probe against Kumar. The court ob - The security forces in J&K are pro- the Army, hobbling the state govern- and murder of a seven-year-old girl.
served that he could not be treated “like Between them, the two FIRs frame situation for the state government. ment’s effort to enforce some minimal Even here, the state government is find-
an ordinary criminal”. What is more, in a telling picture of today’s Kashmir. It More so for the ruling PDP and less accountability for the erring security ing it exceedingly difficult to investigate
a reversal of its public posturing and is about how media and the statist nar- for the BJP which defends the Army • Opposing support Civil society groups personnel, the Supreme Court is yet to the two arrested Special Police Officers.
contrary to the facts, the state govern- rative has shifted from the need for against civilian killings, arguing that oppose the support for an accused of rape issue a final order in Major Aditya Ku-
ment told the court it had not even justice in the killings of the civilians the latter support the militants. And and murder of an eight-year-old girl in Jammu mar’s case which will decide the scope letters@tehelka.com
named Kumar in the FIR. to the need for defending the accused with the Supreme Court also getting in-
Cut to March 5, four more civilians personnel. It is about how the state gov- volved, the space to take action for the
are killed in firing in Shopian by the ernment’s role in cases of the alleged state government in cases of alleged
Army, along with two militants. The human rights violations has gone from human rights violations has further
killings have since been mired in con- lodging a police case to now even find- shrunk. The Army has virtually become
troversy. In its initial statement, Army ing it difficult to lodge a mere FIR. This out of bounds for the state government.
said the four civilians were the over- was clear from the second FIR itself — Though this makes little difference
ground workers (OGWs) who were despite four civilian killings, the state to the outcome of the cases and the
accompanying the militants. The lo- government baulked at filing one and probes against security forces, pro-
cal residents said they were civilians. let the army do it. tected as they are by the Armed Forces
Chief Minister Mehbooba Mufti also This has created an embarrassing Special Powers Act (AFSPA), the state
said they were civilians and were killed government can’t as much as order the
in a “cross-fire” between militants and probe or file an FIR as Major Aditya Ku-
the Army. And the Army later too came mar’s example has made it clear. This
around to the conclusion that four of has serious political implications for
the six killed were civilians but “the The media’s and the the state government as it makes it ap-
level of their cooperation was a matter state’s narrative pear powerless to the people who want
of investigation”. it seem to be taking some action in the
Here again an FIR was registered but has shifted from the event of human rights excesses.
on a complaint of Army Major Parveen need for justice in the This has already generated some
Menon of 44 Rashtriya Rifles. Menon unease among people in the Valley, in-
has maintained that the slain six per- killings of civilians cluding in the government.
sons were travelling in Santro and Swift to the need for “It is unfortunate that the army
VDZ cars and when asked to stop by the frames the civilians as over ground
personnel manning Mobile Vehicle defending accused workers (OGWs) and by doing so they
Check Post, their occupants opened fire personnel are trying to justify the civilian killings,”
and were killed in retaliation. said Shopian MLA Mohammad Yousuf

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