The police have stated before the State Human Rights Commission that Beauty Jan of Shopian was killed by militants, not by the government forces.
The family of the woman and local residents have said that Beauty Jan was killed when government forces fired bullets to disperse protesters near an encounter site in Shopian on December 19 last year. “She was inside her home with her suckling child in her lap when a bullet was fired in her abdomen from a window,” the family says.
In reply to a petition filed by chairperson Centre for Peace and Protection of Human Rights, MM Shuja, police stated, “An inquiry was conducted into the matter through additional director general of police (ADGP) CID Jammu and police headquarter received a detailed report from CID headquarters which reveals that on 18th December 2017 on a specific information regarding presence of militants at village Batmurran, Wanpora Shopian, a joint cordon and search operation was launched by security forces.
“During search operations terrorists hiding in the residential houses fired indiscriminately upon security forces. The fire was retaliated as a result of which some security forces personnel/civilians received bullet injuries. The operation continued till next day and ultimately all terrorists were eliminated and arms and ammunition recovered.
“During the course of investigation one injured lady Beauty Jan succumbed to her injuries. After completion of legal formalities her body was handed over to her next of kin for last rites.
“During further course of investigation, it came to surface that indiscriminate bullets fired by the terrorists from the house they were hiding in, not only injured the forces but also civilians including Beauty Jan.”
Deputy commissioner Shopian didn’t corroborate the police line. However, he sought to justify the killing of Beauty Jan by stating: “Since AFSPA is in force in district Shopian (along with other districts) no permission is sought from a magistrate before opening fire in militancy related cases.”
The Commission had sought personal appearance of SSP and DC Shopian in the case, but the officials didn’t appear before the Commission.
Shuja has filed a petition seeking probe into the killing by the investigating wing of the Commission.
The petition writes, “A constitutional obligation is cast upon this Commission to constitute a thorough probe preferably through its own agency so that those responsible for the killing of the innocent civilian are brought to justice.”
The petitioner said the magistrate under whose orders the firing was ordered also needed to be booked under law.
“The family of the deceased is also required to be compensated adequately keeping in view the tender age of the baby of the deceased, who also deserves rehabilitation,” the petitioner said.
The petition reads: “Prima face, it was apparent that the woman was sitting in house with her suckling baby in her lap when she was hit by a bullet pumped by law enforcing agencies who were engaged in controlling a protesting mob in the area during a gunfight.
“There is neither any allegation nor any suggestion that the deceased lady was part of protesting mob.
“The incident suggests that the forces were indiscriminately pumping and spraying bullets unmindful of its consequences. The forces were expected to follow the standard operation procedures (SOP) prescribed by law and the rules, which they have not followed at all.
“The government forces appear to have pumped bullets with an intention to kill the people including the deceased and not deter the people from protests.
“The intentional killing of the lady by forces is a gross abuse of human rights taking away the love and affection of a mother from the suckling baby and marital joy from her husband which would be a lifelong pain for the entire family, especially for the baby and his father,” the petition reads.