Srinagar, June 27: With police failing to him, the State Human Rights Commission (SHRC) has declared as dead a youth from Kupwara district who allegedly went missing in custody of troopers in 1990.
 The Commission maintained that 26-year-old Abdul Rashid Khan son of Qamar-ud-Din of Chek Bakshi Vilgam Handwara was picked up during a cordon and search operation 20 years ago and declared that “nothing was heard of him for the past eight years.”
 It directed the police to complete investigation of the case and recommended ex-gratia relief to the victim’s family.
 In his complaint, Rashid’s brother, Muhammad Amin Khan had deposed that he (Rashid) was picked up by troopers during a cordon and search operation in January 1990. “My brother was picked up by security forces for questioning during a crackdown and since then he is missing. Though, we approached the concerned police station but the officials there refused to register a case,” the complainant had stated.
 Taking cognizance of the matter, the SHRC chairperson, Justice Bashir-ud-Din examined the witnesses. One of them, Ghulam Ahmad Ganaie, Chowkidar of the Village said Rashid was not affiliated with any militant outfit or involved in subversive activities.
 “As Chowkidar of the area, he too had even tried to file a report in the Police Station. But the concerned police refused to take the report. It is also seen from the record as well as noticed a notorious fact that in early 1990s there was heavy deployment of forces and search and cordon operation was order of the day. Abdul Rashid Khan is said to be picked up during one of the search operations and thereafter not heard or seen to date,” the chairperson observed in his judgment.
 Justice Bashir-ud-Din maintained that when a man in such circumstances was not traced, it is presumed that he is dead. “Even section 108 of the Evidence Act statutorily provides presumption of death when a person is not heard of during last eight years by his relations or those who should have naturally heard of him. All this points out that Abdul Rashid Khan is dead and in the circumstances pointed out he was picked and disappeared,” he observed.
 The Commission through Commissioner/Secretary, Home Department, directed the concerned police station to take the process to its logical conclusion. It also directed the Government to initiate a process to provide ex-gratia relief to the affected family.

Lastupdate on : Sun, 27 Jun 2010 21:30:00 Mecca time
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