File status report in 4 weeks: HC to Govt
PIL On 117 Killings
Srinagar, Mar 11: The High Court on Friday directed the state government to submit the report within four weeks on why FIRs have not been registered in all the killings of last year’s summer unrest.
While hearing the Public Interest Litigation filed by Jammu and Kashmir Liberation Front chairman Muhammad Yasin Malik, the Division Bench of High Court comprising of Justice Hakeem Imtiyaz Hussain and Justice Hasnain Masoodi said, “Let state government submit report within four weeks.”
On January 14, Malik filed a PIL through senior counsel Zaffar Shah in the High Court seeking directions to the government for registering First Information Report into unregistered cases out of 117 killings and monitoring of the investigation in cases where FIR has been filed.
After admitting the petition the High Court on Jan 31 sought reasons from Director General of Police of not registering the cases in last year’s 80 killings.
Besides, court directed the DGP to inform it about the present stage of the investigation of 37 registered cases.
“The government shall be directed to register the cases wherever deaths have occurred and where the cases having not been registered under proper FIR,” the JKLF chairman pleaded in his 30-page petition.
Malik has also sought constitution of a Commission of Inquiry (COI) to probe into the 117 killings allegedly by forces during the unrest.
The petitioner qualified these deaths as “murder within the meaning of law” and sought punishment against the involved persons.
He said the armed forces detailed by the central government to assist the state police also claim immunity from prosecution under the provisions of AFSPA, 1990.
Petitioner said separate General Security Forces Courts were established by the government for trying centre forces involved in any offence. “The state police, though subject to civil courts, is primarily responsible for moving criminal machinery for investigation of offences,” he said.
Malik has sought declaration from the court that if the armed personnel are found guilty of any act of omission and commission attracting penal provisions, they would not be entitled to claim immunity under AFSPA.
Court has listed the case for hearing after four weeks.
Lastupdate on : Fri, 11 Mar 2011 21:30:00 Makkah time
Lastupdate on : Fri, 11 Mar 2011 18:30:00 GMT
Lastupdate on : Sat, 12 Mar 2011 00:00:00 IST
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