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Posted on 25 October 2011 |
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Army to act against personnel involved in 'fake' encounter
Army says will act against the accused in Machil shooting, but opposes trial in a civil court
Riyaz Wani
Srinagar
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The killing of three civilians in Machil sector of Kupwara district last March set the stage for the unprecedented five month-long unrest |
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With the Machil 'fake' encounter probe complete, the Army in Kashmir wants to send a message that it will not shield its personnel involved in cases of human rights violations. Though the Army has identified the culprits, it does not want a civilian court to try them lest it sets a precedent.
Three civilians were killed in the encounter, which occurred in Machil sector of Kupwara district last March along the LoC and was shown as an incident of terrorist infiltration, set the stage for the unprecedented five month-long unrest, in which 120 civilians were killed. The civilians--Mohammad Shafi, Riyaz Ahmad and Shahzad Ahmad from Nadihal village in Baramulla district--were lured by former Special Police Officer Bashir Ahmad Lone on the pretext of providing them jobs only to be handed over to Army for Rs 50,000 each.
Subsequently, the Army ordered an internal probe with the then-chief of Army’s Northern Command, Lieutenant General BS Jaiswal, affirming that the inquiry would be transparent. The Army also relieved the Commanding Officer of 4 Rajput Regiment, Colonel D K Pathania, of his command while removing Major Bhupinder of the same regiment, the main accused, from active duty.
Now, one-and-a-half year after the killings, the Army wants to show that it won’t protect its personnel in cases of fake encounters. “We have identified the men involved in the killings but want to try them in our own court,” said a highly placed source in the Army. “Trial in a civil court will set a precedent for future and we are not comfortable with the idea. Besides, this undermines faith in the Army’s capability in punish personnel responsible for excesses”.
The Army has also conveyed to the state government its readiness to act against the personnel. However, the state government wants to try them in a civil court. Already, one Major and Lone are lodged in Baramulla sub jail. J&K Home Secretary BR Sharma, however, said that the government would see what are the ''legal options'' available and go with it.
The Machil probe has emerged more of a test case for the Army after the growing political and civil society protest in the state demanding the revocation of Armed Forces Special Powers Act (AFSPA), which grants security personnel immunity from prosecution in cases of ‘human rights violations’. In fact, the process to lift the Act from four districts--Srinagar and Budgam in Kashmir Valley and Jammu and Sambha in Jammu province—is already under way though the Army is opposing it.
Since the Army opposes lifting of the Act, it is under strong pressure to act impartially in incidents in which its personnel commit excesses. According to civil rights group Coalition of Civil Society, more than 400 cases of human rights violations against the Army and paramilitary forces in the state have been reported, but the Union Home Ministry has withheld permission for prosecution.
However, Mustafa Kamal, General Secretary of the ruling National Conference, says there are only 35 cases. “The Home Ministry has refused to entertain 30 cases and withheld prosecution in the rest,” Kamal told TEHELKA.
One of the most high-profile cases against the Army is Pathribal in which five innocent civilians were killed in a staged encounter and later portrayed as terrorists responsible for the killing of 36 Sikhs at Chattisinghpora in South Kashmir. Similarly, no sanction for prosecution has been granted against Major Avatar Singh--now settled in the US --who allegedly killed civil rights activist Jalil Andrabi. An Interpol Red Corner Interpol is pending against Singh.
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Three grenade attacks bring back focus on violence
Srinagar: Amid hectic deliberations to lift the controversial Armed Forces Special Powers Act (AFSPA) from some areas of J&K, three quick, successive grenade attacks in the Valley injured two Central Reserve Police Force (CRPF) personnel on Tuesday bringing back the focus on the continuing violence.
The first grenade was lobbed at a CRPF bunker at Akhara building in Maisuma locality injuring the two CRPF men. This was followed by another grenade last at Batamaloo, one kilometre to the west.
Later, another grenade was hurled at a police party in South Kashmir’s Shopian district. However, the device failed to explode.
The attacks coincided with the ongoing discussions in the state government on the revocation of AFSPA from four districts, which also include Srinagar city. There is a heated debate going on between the state government and the defence establishment about the need to revoke the Act in the civilian areas.
While the government, backed by the Union Home Ministry, projects the move as an acknowledgement of the considerable reduction in the militancy in the state, the defence establishment terms the move premature and points to the imminent danger of renewed terrorism if the AFSPA is withdrawn.
The three grenade attacks, coupled with several recent encounters in the countryside, are likely to buttress the Army’s argument. After a long time, the Valley has witnessed three grenade attacks in a single day at the usual targeted places. There are already rumours in the Valley about the origin of these attacks and their ‘apparent aim’ to tip the opinion on the AFSPA in the Army’s favour. Or is it that militants themselves do not want the AFSPA to be lifted as it would tantamount to declaring Kashmir a peaceful state, something that militants will not be comfortable with. |
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Riyaz Wani is a Special Correspondent with Tehelka.
riyaz.sakhra@gmail.com |
