Tosamaidan is no more used as Field Firing Range (FFR) by Army. The meadow still haunts people as old un-exploded ammunition continues to kill or injure people. In a recent incident 14 year old Mohammad Asif from Dachan Beerwah got seriously injured as some leftover ordinance went off in the area. On the fateful day of May 26th Asif along with his friends had gone to Tosamaidan for an Eid outing. According to a statement given to police by Bilal Ahmad, who was accompanying Asif, “while they were walking through the meadow Asif’s foot went on a live shell that exploded”. A splinter went into Asif’s skull damaging his brain. Asif was operated upon in Nuero Surgery Department of SKIMS Srinagar on the same day. Since his surgery Asif is admitted in Intensive Care Unit (ICU) of SKIMS Srinagar where he is battling for his life. Let us all pray for this little soul. Friends accompanying Asif are completely alright.
In August 2018 a young man got killed in a similar explosion in the same area while as other three persons were injured. The deceased, Wajid Bashir Ahanger of Zago Khareen village in Beerwah had gone to Tosamaidan for an outing with his friends when the foot hit a mortar shell. The then Deputy Commissioner Budgam Dr Sehrish Asgar had told media that a fresh clean-up drive would be taken up soon in Tosamaidan to check for any explosive devices in the area, but that drive was hardly undertaken until there was one more incident on May 26th 2020.
NGT’s direction
In year 2016 I filed a petition before National Green Tribunal (NGT) through my counsel Advocate Rahul Chowdhary seeking intervention for conservation of Tosamaidan by way of removal of unexploded shells. A Bench headed by the then NGT Chairperson Justice Swatanter Kumar issued notices to the Defence Ministry, J&K government and Forest Department seeking their response. The case was listed several times and on July 11th 2016 the matter was disposed off by NGT directing Government of India through Ministry of Defence to clear Tosamaidan field from all waste material and un-exploded shells by 10th August 2016. Government of India had earlier said through a written affidavit that Tosamaidan was cleared of all unexploded material in 2014 under operation Fallah that lasted for 3 months between August 1st 2014 to October 22nd 2014. NGT’s final order reads
“Learned counsel appearing for the Respondent No. – 3 Ministry of Defence – submits that they have cleared the field from firing equipment and disposal in 2014. He further states that they would clear the entire field from any waste and remnants expeditiously and in any case not later than 10th August, 2016. In fact it is stated that they have started using the said field for tourism purposes. We dispose off this Application with a direction to the Respondents to ensure that the field is not only cleaned but is kept clean and free for any waste and environmentally and ecologically friendly. All steps should be taken prior to 10th August, 2016 “
Affected not compensated
Authorities at the helm have neither compensated nor initiated any legal proceedings against the involved. From 1964 on wards people living in almost 10 to 12 villages located under the foothills of Tosamaidan have suffered tremendously as the unexploded shells kept killing and maiming people. It is a fact that many people got killed or seriously injured when they were trying to collect the ammunition scrap lying scattered in Tosamaidan meadow but there are many cases wherein the unexploded shells killed people or injured them seriously in villages itself. One such case dates back to May 19th 2014 when Simran, a 6 year old girl, was killed in a blast near her house and her little brother Fayaz was seriously injured. Both the lower limbs of Fayaz were amputated and has become permanently disable. For last 6 years Simran’s father Riyaz Ahmad, a labourer, is asking authorities to compensate him, but he didn’t get justice. In 2018 Riyaz was provided some relief amount out of legislator’s local area fund by Tasaduq Mufti, the then Tourism Minister. In addition to it Hope Disability Center (NGO) is providing artificial limbs to Fayaz which needs to be changed every year.
Mission Falah
In its response before NGT, the counsel of Ministry of Defence (MoD) through a written statement said that around 2062 blinds (shells) were destroyed under its “Mission Falah’ which was taken up in August 2014 to clear Tosamaidan meadow of all live explosives, shells and other ammunition. Mission Fallah ended on October 22nd 2014. In its response the MoD counsel said in 2016 that no such information about presence of live shells was received from any civilians since the culmination of Mission Falah and neither any incident of explosion has been reported from Tosa Maidan or any neighboring villages since the clearance activity. When there was a blast in 2018 August in Tosamaidan the respondents didn’t utter a word and within less than 2 years there has been another incident which should be a wake up call for authorities.
Statement by Government
Former Chief Minister Omar Abdullah, while responding to PDP leader Naeem Akhtar had informed J&K Legislative Council that neither compensation nor any jobs have been provided to the families of deceased and injured persons due to artillery exercises. Under section 5 of the Manoeuvres Field Firing & Artillery Practice Act 1938 (MAFFAP Act), the monetary compensation has to be paid from the Defense Estimates for any damage caused to person or property. Section 5 of MAFFAP Act reads as: “Where a notification issued under section 2 authorizes the execution of military manoeuvres and the compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such maneuvers including expenses reasonably incurred in protecting person, property, rights and privileges”. I am unable to understand why this legal provision under MAFFAP Act 1938 is not put into practice by Government ?
Conclusion
On one hand Government has created a Tourism Development Authority for Tosamaidan and on the other hand unexploded shells continue to kill and injure people in the area. How can tourists visit this place in such a situation? It is impressed upon Government to clear the meadow from all the unexploded ammunition. Moreover NGT’s July 11th 2016 order should be respected and Ministry of Defence must direct authorities concerned to undertake a massive sanitization campaign in the area so that all the unexploded material is destroyed once for all. Lastly Govt must compensate families whose loved ones lost their lives and those who became disable should be provided Government jobs.
Dr Raja Muzaffar Bhat is Founder & Chairman of J&K RTI Movement