Only 50 cases sent for prosecution of forces
26 declined, 8 recommended, 16 awaiting
Srinagar, Oct 19: Jammu and Kashmir Government has revealed that Centre has declined permission to prosecute forces in 26 cases out of the 50 sent by them in past 22 years.
In reply to an application filed by Jammu and Kashmir Coalition of Civil Society, State Home Department disclosed that they have applied for sanction for prosecution from Ministry of Defence and Ministry of Home Affairs under section 7 of AFSPA in only 50 cases from 1989 to 2011.
It states that 31 pertain to Ministry of Defence and remaining 19 have been sent to Ministry of Home Affairs. The reply adds that sanction for prosecution is awaited in 16 cases and has been declined in 26 cases.
The Home Department also says sanction for prosecution has been recommended in only 8 cases. Out of these eight cases, where sanction for prosecution has been recommended, 2 cases are pertaining to the Ministry of Defence.
However, JKCCS said, Ministry of Defence in its affidavit submitted two years ago states that sanction for prosecution in the cases of FIR no. 99/98 of Uri Police Station and 213/95 of Islamabad (Anantnag) Police Station, had been declined, while as the RTI reply reveals that permission in these two cases has been recommended.
It also said the Joint Secretary, Ministry of Defence, on 5th June 2009, in an affidavit submitted to the Jammu and Kashmir High Court, in the case of Ghulam Nabi Magray Vs Union of India (Writ Petition no. 1842 of 2003), states that they have received 35 cases from the Jammu and Kashmir Government for prosecution sanction under AFSPA.
“However, the RTI reply states that they have only sent 31 cases to MoD,” the civil rights body said.
In the case of killing of human rights defender Jalil Ahmed Andrabi, under FIR no. 29/97 of Police Station Saddar, Srinagar, the State Home Department says that the prosecution sanction under the AFSPA for the proclaimed offender Major Avtar Singh is awaited, while as the Ministry of Defence affidavit claims that they have not received the case.
Lastupdate on : Wed, 19 Oct 2011 21:30:00 Makkah time
Lastupdate on : Wed, 19 Oct 2011 18:30:00 GMT
Lastupdate on : Thu, 20 Oct 2011 00:00:00 IST
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