A one-man Commission of Inquiry (CoI), which was constituted by the previous Government to probe into 2010 killings, has found that the forces fired upon demonstrators without magisterial orders and the force used on protesters was neither commensurate nor proportionate to deal with the disturbances". It has also indicted state administration for lack of vigil, saying both administration and police were "inactive" and "indolent" in tackling the law and order situation. It has also recommended a CBI probe into the killing of Tufail Matto and registration of a murder case against police personnel involved in torturing Umar Qayoom of Soura, to death.
The one- man Commission headed by Justice (retd) ML Koul on Friday submitted report to the Jammu and Kashmir Government.
Justice Koul was appointed by the previous Government in 2014 to probe the 2010 unrest killings.
Sources privy to the report told Greater Kashmir that CoI has found that firing incidents in Anantnag, Kulgam, Shopain, Pulwama, Baramulla, and Srinagar have been without orders of the magistrates.
"During the inquiry proceedings, firing incidents upon the demonstrators by the security forces including J&K Police have been found without the orders of magistrates in cases of Abul Aziz Malik, Gulzar Ahmad Wagay, Jehangir Ahmad Zargar , Zahid Nabi and Maqsooda," the report reads.
Charging security forces for using disproptionate force on protesters during the unrest, the report reads, "The firing upon the demonstrators was without magisterial orders and so it was neither commensurate nor proportionate to deal with the disturbances."
The Commission has also charged State administration for lack of vigil during the protests. "Had the top brass of the district / sub-district and Tehsils been present at the site of the disturbances, outbursts would have been controlled by use of lesser mode of force. Had the local administration been collaborative, vigilant, dedicated, careful and responsive to the law and order situation, the causalities would have been lesser or not at all."
In his report, Justice (retd.) Koul has been harsh on the State administration, saying "Both police and the administration were found inactive and indolent in meeting out the law and order situation."
The Commission, which took two years to complete the probe, has also recommended a CBI inquiry into the killing of Tufail Matto. "The Commission has recommended for CBI inquiry in the petition of Muhammad Ashraf Matto (father of Tufail Matto)," the report, according to sources, reads.
Tufail's death, on June 11, 2010, by a teargas shell led to widespread protests and triggered a summer of unrest in which more than 120 people were killed.
It has also recommended registration of custodial death case against police personnel responsible/ liable police officials for the death of Umar Qayoom.
" It has been found that Omar Qayoom had died because of police torture during the custody after he was picked up by police officials near a shop on August 20,2010," the report states.
Interestingly, Justice (retd) ML Koul submitted report to the Government just three days ahead of the Assembly session beginning in Jammu on January 2.