Srinagar, Sep 11: The Jammu and Kashmir State Human Rights Commission (SHRC) on Tuesday issued non-bailable warrant against the Additional Deputy Commissioner Islamabad (Anantnag) for repeatedly failing to appear before the Commission and comply with its direction on ex-gratia relief to family of a missing youth.
Hearing the case, member SHRC Javaid Kawoos asked the Deputy Superintendent of Police of the Commission’s Investigation Wing to execute the warrant and summon the ADC along with requisite records of the case.
During last hearing of the case on August 31, 2012, the Commission had issued bailable warrant against the ADC. However, after he still did not appear before the Commission, it issued non-bailable warrant today.
By virtue of the Jammu and Kashmir Protection of Human Rights Act 1997, the SHRC has the powers to summon and enforce the attendance of any person and examine him and requisite the production of any document.
CASE:
The family of Khurshid Ahmad Reshi son of Ghulam Qadir Reshi of Dialgam Islamabad said he went missing on June 26, 1990. After failing to locate his whereabouts for nearly 20 years, the family had approached the SHRC in 2009 seeking investigation into the case.
The Commission sought a report from the Director General of Police (DGP) into the case. In his response the DGP submitted that the youth has crossed the Line of Control. “The enquiries conducted into the matter have revealed that the complainant’s brother Khurshid Ahmad Reshi was a BA second year student of Government Degree College Anantnag. On June 26, 1990, the said youth left his home for college but did not return in the evening. His whereabouts were not known to anybody for a long time. It has further been reported that the said individual crossed over to POK for obtaining subversive training in 1990 and has not returned so far. However, it could not be ascertained whether the individual is dead or alive there in POK,” the then DGP stated in a letter to SHRC on April 29, 2010.
However, after Khurshid’s family refuted the report, the DGP changed his statement. “Whereabouts of the said youth (Khurshid) are still unknown. The period during which Khurshid went missing, youth would cross over to POK in large numbers. However, it could not be confirmed as to whether the said subject is alive or dead,” the DGP stated in his letter to SHRC on October 11, 2011.
On March 2, 2012, the Commission maintained that this report of the DGP is final. “In my humble opinion the report of the police chief of the state is final which the DLSCC must consider while considering compensation case of the next of kin of the deceased. Let ADC Islamabad be summoned along with ex-gratia details of the case,” the SHRC held on March 2, 2012.
In his report, the ADC Islamabad, according to the Commission, brushed aside the DGP’s report and maintained that youth had crossed the LoC.
“The reports sought from the Additional DGP CID, SSP Anantnag reveal that the missing persons Khurshid Ahmad Reshi son of Ghulam Qadir R/o Dailgam was a student of BA Ist year, who infiltrated to PaK/PoK in 1990 for obtaining subversive training and till date his whereabouts are not known,” the ADC Islamabad states in a letter 04/DCA/ER on March 4, 2012. However, the ADC did not appear before the Commission.
The Commission took strong exception to the ADC’s report and his non-appearance before it and issued bailable warrant against him on August 31, 2012.
“Despite bailable warrant having been duly executed against the ADC on August 31, 2012, he is not present today. Even requisite record has not been produced. The case was passed over a number of times to ensure the presence of ADC Anantnag, but as he did not turn up, he now be summoned alongwith requisite record by issuance of non-bailable warrant to be executed through DySP SHRC,” the SHRC member Javid Kawoos stated in the order today.
“Further, Mukhtar Abass, some assistant revenue attorney in DC’s office Anantnag who has stood for the presence of the ADC Anantnag be put to notice as to why the amount of surety Rs 5,000 be not forfeited and remitted to the Government Treasury,” the order read. The case is listed for October 11, 2012.

Lastupdate on : Tue, 11 Sep 2012 21:30:00 Makkah time
Lastupdate on : Tue, 11 Sep 2012 18:30:00 GMT
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