Srinagar, May 26: The State Human Rights Commission (SHRC) has recommended prosecution of a top police official for “negligence” and “inaction” in a fake encounter case in which two innocent civilians were killed in Shopian in 2005.

Member SHRC, Justice (retd) Javaid Kawoos recommended prosecution of then Senior Superintendent of Police Pulwama and then SHO Kulgam for remaining intentionally passive in registering FIR in the disappearance of two civilians-Rafiq Ahmad Ganai and Mukhtar Ahmad Bhat.

On Feb 16, 2005, army personnel forced Ganai and Bhat to disembark from a passenger bus at Machu Yaripora and later allegedly killed them in a fake encounter at Sharatpora Shopian. Family members approached the police but they remained unmoved and did not take any action to trace the youth.
The SHRC said the duo was labeled as Hizb militants by army for rewards.

The Commission observed that the army wrongly projected the killing of the duo on Feb 26, 2005 at Sharatpora as an operation for combing out militants, which was negated by the Director General of Police.

The family members filed complaints before a local Court and the SHRC seeking justice in the killing of the two innocents. On the next day of disappearance of the youth, the family members approached the concerned army officer, who refused to acknowledge any such incident. They said the then SHO and the then SSP did not take any notice of the occurrence.

“Nobody came to our rescue. The police even refused to register the case of disappearance of the youth,” the family members submitted before the court. However, later the Director General of Police admitted in his report that the duo was killed in a fake encounter by army.

Kawoos said, “I hold the two police officers (SSP and SHO) responsible under section 13(a) (ii) of the J&K Protection of Human Rights Act 1997 for their negligence in the prevention of the human rights violation.”

SHRC under section 19 (i) of the JKPHR Act also recommended that the government or DGP must initiate proceedings under law for prosecution of the two police officials as they had knowingly omitted to act as per the mandate of the law.

SHRC observed: “It is evident from the facts and circumstance of the case that while on one hand army killed the two innocent youth in a fake encounter and on the other the inaction and negligence on the part of the then SSP Pulwama and then SHO have contributed to the death of these two innocent youths.”

SHRC, however, said the DGP and Inspector General of Police had been honest in putting the facts forth. DGP had admitted that army 1st RR camp Bahibagh Kulgam had disembarked the youth from the public passenger bus and then killed them in a fake encounter.

The SHRC also recommended that DGP shall direct SSP Shopian to either lodge fresh FIR in the killing of two youth or direct investigation officer to have an independent and impartial investigation. SHRC also recommended that government shall sanction and pay an exgratia relief of Rs one lakh in favour of the next of kin of the deceased apart from benefit under SRO-43.

Lastupdate on : Thu, 26 May 2011 21:30:00 Makkah time
Lastupdate on : Thu, 26 May 2011 18:30:00 GMT
Lastupdate on : Fri, 27 May 2011 00:00:00 IST