20 COIs ordered since 1990
Government Evades Queries
Srinagar, Nov 18: Jammu and Kashmir Government has disclosed that 20 Commission of Inquiries (CoIs) were constituted in the state under the Commission of Inquiry Act- 1962, since 1990. Though the information was also sought on the outcome and implementation of COIs under Right to Information (RTI) Act-2009, but government has evaded answers to these queries in majority of these probes.
A look at the details reveals that it took years to complete the inquiries in the state ordered by Home and Law departments with a few not taking less than four years for completion. Even one the probe to investigate a mysterious death instituted three years back is still yet to be concluded.
The information was provided by Law department in response to an RTI application filed by social activist Irfan Hafeez Lone .
A cursory look at the information provided reveals that no CoI was constituted during the first two years of Governer’s rule in the state, after the eruption of armed militancy.
The first inquiry was ordered in Sopore massacre of 1993, vide SRO number 14 dated Jan 30, 1993, headed by Justice Amarjit Choudary , sitting judge of Punjab and Haryana High Court.
In 1995, three probes were ordered to investigate three separate cases including assault on Dr Farooq Abdullah at Rajouri and death of persons due to bomb explosion at Purani Mandi Jammu.
In 1996 and 1998, two inquiries were respectively ordered to investigate the assault on Dr Bharat Bhushan and death of Bakhti at Bandipora.
During 1998 government vide SRO number 241, dated Aug 10, 1998 appointed Sain Dass, research officer Law department to probe into the entry alleged use of force by police in civil secretariat. However, Justice A Q Parray replaced Dass eight days later and the report was submitted four years later.
In 1999, 2- member Commission of Inquiry comprising Justice A Q Parray (former judge of Jammu and Kashmir High Court ) as chairman and Pavittar Singh as member was constituted to inquire into the issuance of Permanent Residence Certificate in contravention of the Jammu and Kashmir Grant of Permanent Resident Certificates Procedure Act, 1963. It completed its work in four years.
Two years later, one man CoI vide SRO-04 dated February1, 2000, comprising Justice K K Gupta to inquire into the allegations arising out of scheme to seek finance from private financial institutions for development of housing colony at Sidhra Jammu. It submitted its report on January 31, 2002.
Following the massive protests, the government instituted inquiry vide SRO number 99 dated April 17 , 2000 under Justice SR Pandian to enquire into the causes and circumstances leading to the event of firing at Brakpora/ Bulbul Nowgam Islamabad(Anantnag) . The report was submitted in 2000. However, the government response to the findings has not been mentioned in case of this inquiry.
In 2001, Government vide SRO-63 dated 17-4-2001 ordered an inquiry to probe into the causes and circumstances which led to firing on a procession at Haigam Sopore and Maisuma Srinagar. Justice O P Shrama who headed the probe submitted his report in 2002.
A year later, Justice G A Kuchhai, retired High Court judge was appointed as the head of one man commission to inquire into whether the samples of those killed in Pathribal Islamabad (Anantnag) , which were sent for DNA test to Kolkata were fake. It completed its findings within nine months.
The Law department, in 2002, vide order number 2396-LD (A)ordered an inquiry to look into the causes and circumstances leading to gruesome murder of retired deputy superintendent of police and his family . The inquiry officer in his report stated that there was no material to suggest the cause, circumstances, forcing closure of the case.
In 2006 government vide order number 1973-LD(A) of 2006 appointed Justice Tariq Ahmad Naqashbandi to conduct inquiry into the drowning of 22 students/staff / staff of Burning Candle School in Handwara in Wular lake on May 30, 2006.
The inquiry officer in his report identified the culprits “whose negligence led to the incident”. Besides, he also made recommendations and remedial measures to prevent recurrence of such incidents in the future .
The then government led by Ghulam Nabi Azad appointed Justice (retd) M L Koul to enquire into the causes, circumstances and conspiracy, if any, in Ganderbal fake encounter killings of 2008 .
“The commission submitted its report on December 30, 2008. As the report did not reveal anything substantial, it was ordered that the commission shall cease to exist from December 31, 2008 in terms of the section 8 of the JK Commission of Inquiry Act 1962,” sources in the Law department revealed.
During 2008, two COI’s were instituted to probe into the separate mysterious deaths in Samba and Sopore. However, the inquiry to investigate the circumstances that led to the death of Farooq Ahmad Sheikh of Sopore is still going on. It also discloses that the inquiry officer in the said case has requested for extension in his term of appointment and accordingly it was extended.
In 2008 an inquiry was ordered to probe the “alleged suicide” by Kuldeep Kumar . However, the appointment of commission is sub-judice.
In 2009, vide SRO number 160 , State Home department ordered an inquiry into an alleged rape and murder of Nelofar Jan and Asiya Jan of Shopian on the intervening night of May 29 and 30 that year .The inquiry report was submitted by Justice(retired) Muzaffar Jan . However the case was subsequently handed over to Central Bureau of Investigation (CBI) by Omar Abdullah's government.
About the COI constituted to probe the 17 killings during last year’s summer unrest, the reply states that High Court has restrained the commission from finalizing the report. However, it adds that case is being contested through senior law officers in the court. Pertinently, Justice (retd) Syed Bashir-ud-Din and Justice (retd) Y.P. Nagrota were appointed to probe 17 killings allegedly by police and CRPF in 2010.
Lastupdate on : Fri, 18 Nov 2011 21:30:00 Makkah time
Lastupdate on : Fri, 18 Nov 2011 18:30:00 GMT
Lastupdate on : Sat, 19 Nov 2011 00:00:00 IST
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