Of fake encounters

From Kashmir to Kanyakumari, the story stays same

INJUSTICE

DR.MIRZA ASHRAF BEG

Fake encounters and custodial killings have become the order of the day.  It is now hard to believe if there are any genuine encounters and fair trials in India. So much so when verdicts are pronounced to satisfy the collective conscience of the masses. Unfortunately our politicians  have  polarized the different communities in India  in such a way that there is hardly any trust left between them. With the result it becomes difficult for the security forces that are a part of the same structure to stay neutral. This also is a fact that very often security forces become an instrument in the hands of political hierarchy as seems to have happened in Ishrat Jehan murder in Gujrat or Mr.Jaleel Indrabi in Kashmir. Gujarat is ruled by BJP while J&K was ruled by the governor thereby it was directly under the central command. No doubt Mr.Indrabi’s absconding assassin, Major Avtar Singh committed suicide in U.S and Ishrat Jehan’s, assassins are still on the run. But let's not forget, ‘jo chup rahay zubanay khanjar-lahoo pukaray ga aastien ka.’
Supreme court of India comprising of Justice Markanday and Justice Giyan Sudhan Misra  in their judgment in 2007 pronounced fake encounters, ‘if proved’ should be treated as rarest of rare cases and the offending police men send to the gallows. So far so good-at least the Supreme Court has acknowledged ‘between the lines’ that fake encounters are there and people involved must be punished. The question arises who will prove a fake encounter and who will prosecute the perpetrators? In our system where security structure and politics is intertwined for self interests’ justice seems a farfetched dream.  
Kashmir with its article 370 is a different story so it has to bear the brunt of its special status. After the brutal murder of thirty six Sikhs at Chatisinghpora in south Kashmir four innocent boys were murdered at Patheribal in an adjacent village in a fake encounter declaring them the militants responsible for the murder of the Sikhs of Chatisinghpora. It is more than a decade the procedure of investigations is yet to be completed and the bereaved denied the justice. ‘Justice delayed, as they say, is justice denied.’ Similarly security personnel accused of sponsoring fake encounters in Ganderbal for promotions and monetary gains too are said to be entitled to immunity under AFPSA? More than two decades now my teacher Dr. Farooque Ashai an eminent orthopedic surgeon was shot dead in presence of his anesthetist wife near Bone and Joint hospital and was declared as killed in cross fire. The dead body of Dr.Abdul Ahad Guru was abandoned in SKIMS where he headed the cardio thoracic department. Documents regarding the investigations of these mysterious killings have gathered dust for apparent reasons while as Afzal Goru was sent to gallows just on circumstantial evidence, leaving Mr.Gautam Navalka and other human rights activists cry that it was a historic blunder!
Despite the fact withdrawal of AFPSA will hardly have any bearing on the mindset of the government sponsored  gun yielding agencies, Chief Minster is branded as a weak administrator  once he raises voice against AFPSA-suggesting his predecessors have done a wonderful job by installing the draconian laws and then remaining silent on the atrocities committed under this umbrella. It is logical the uncertainty thus intended is thought to pay the dividends as before and lead Kashmir to further ambiguity and wilderness.
The conflicting reports in the statements of CBI and IB regarding the credentials of Ishrat Jehan are visibly being manipulated, courting some ‘David Hadley’ to label the victim as a terrorist having links with some imaginary Talibans somewhere in Pakistan, thereby creating circumstances to give a clean chit to the beneficiaries of the Ishrat Jehan murder case in Gujarat. No doubt BJP and Congress are playing politics to pull down each other and to score in the forthcoming elections yet the nation has a right to know the facts as the victims are sons of the soil and Ishrat the daughter of Bihar. At the same time the way investigations are contradicting different federal and state investigating agencies, Congress and BJP may have to settle the issue for the larger interests on a give and take principal. Keeping in view the disasters in our neighboring countries it is stupid to glorify the colors or crescents of terrorism. Similarly it will be suicidal to cover or hush up the custodial killings, fake encounters or saffron terror at home. Besides Malaygaon, Samjota express and Godra tragedies pointing towards right wing terrorism should be an eye opener for a nation with Ghandian secularism. 
drashrafbeg@gmail.com  

Lastupdate on : Thu, 18 Jul 2013 21:30:00 Makkah time
Lastupdate on : Thu, 18 Jul 2013 18:30:00 GMT
Lastupdate on : Fri, 19 Jul 2013 00:00:00 IST




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