The High Court Wednesday asked the Union Home Ministry as well as the Jammu and Kashmir government to respond to a petition seeking an impartial probe into the custodial death of a teacher from southern Awantipora area in March this year.
Jammu and Kashmir Reconciliation Front (JKRF) has petitionedthe High Court through its chairman, Dr Sandeep Mawa, seeking probe into thecustodial death of Rizwan Asad Pandith of Awantipora, Pulwama. Pandith, apost-graduate in Chemistry, worked as a principal at a local private school.
After hearing advocate Pirzada Salih on behalf of the JKRF,a bench of Justice Tashi Rabstan issued notice to the Ministry of Home Affairs,Jammu and Kashmir government through its chief secretary, principal secretary,Home department, and director general of state police.
While the Front has sought registration of case againstpersons under whose custody the victim had allegedly been killed, it has alsosought a direction for an investigation into the matter by an impartial agency.
The Forum also sought a compensation of Rs 50 lakh to thevictim’s family, saying the same may be “recovered from the erring officialsunder whose custody Pandith was killed”.
“J&K Reconciliation Front has taken various steps forthe welfare of the people of state and tried its best to stop the ongoingbloodshed in Kashmir, but due to the present custodial killing, there is anger,pain and agony amongst the people of Kashmir and the efforts for communalharmony launched by the petitioner are becoming sterile,” the Front haspleaded.
The Front has submitted that the court may constitute acommittee to look into the matter regarding increase in militancy-relatedincidents in J&K and restrain the authorities to use force on the people.
It also seeks direction to the Member Secretary, State LegalServices Authority (SLSA) for taking steps to provide legal aid in terms of theprovisions of the Jammu and Kashmir State Legal Services Authority Act to thevictim.
Underscoring that the death of Pandit had “created a chaosacross Kashmir”, the Forum has pleaded that the “custodial death needs to beinvestigated in a transparent and time-bound manner under judicial monitoring”.
“If the killings of youth will occur like this, then it isvery difficult for the governments, both state as well as union, to control thesituation in Kashmir”.
The Forum has pointed out that the frequent incidents ofkillings in Kashmir need to be stopped so that the people have “faith in thedemocratic set up”, saying the confidence in administration of justice amongthe people is restored in case the “culprits and their mentors are brought tobook”.
Otherwise, the Forum has submitted, the fate of “rampantcustomary magisterial enquires is known, which have not at all proved helpfulfor crime detection, especially custodial violence”.
“Due to indiscriminate incarceration of the people ingeneral, the younger people are taking to guns and due to continuous use offorce by the security and administration, the people are deprived of theirvested rights,” the Forum has pleaded.
“People of Kashmir have lost faith in the democracy,therefore, to restore the faith in the Constitution on which this countrystands and the established democratic norms, the instant matter needs to beinvestigated in a transparent and time-bound manner through an impartial agencyunder the supervision of this court,” it said.
The Forum has submitted that the “situation in J&K isdifferent, where the police are using power against the public in general andthe civil lives are in danger which is running against the Constitution ofIndia as well as the Constitution of Jammu and Kashmir (sic)”.
“Therefore, the court may intervene in the matter and issuedirection for constitution of Special Investigation Team to look into thecustodial killing of Pandith, who was a teacher by profession”.
“It is a general notion in the public nowadays that thepeople do not die in police custody but are killed in police custody,” theForum said.
The Forum pleaded that the Supreme Court has invariably heldin many cases that the custodial violence and highhandedness, including tortureand death in the lock-ups, strike a blow at the rule of law.
“The same is aggravated by the fact that it is committed bythe persons who are supposed to be the protectors of the citizens,” the Forumsaid, citing the apex court.
“The Supreme Court in a latest judgment in ‘Extra JudicialExec. Victim Families Association v. Union of India’ on July 14th, 2017, heldthat if the people of our country are deprived of human rights or cannot havethem enforced, democracy itself would be in peril,” the Forum said.
“If at all he was associated with any organisation, thekilling of the person in custody is not the solution,” the Forum pleads.