Thursday, May 24, 2018 | 1:39 AM


What happened to the probe into the killing of 125 youth in 2010 Kashmir agitation?

Tuesday, May 15, 2018
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The government has told the State Human Rights Commission that there was no legal binding on it to make public the report of the commission of inquiry constituted to probe into the summer agitation of 2010 in which over 125 civilians were shot dead by the government forces.

In response to a Public Interest Litigation filed by MM Shuja, a human rights activist, the government states that the state was within its rights not to make public the report submitted by the one-man commission of Justice M.L. Koul, retired judge Punjab and Haryana High Court.
 
“It is submitted that in terms of sub-section (4) of section 3 of the Jammu and Kashmir Commission of Inquiry Act, 1992, there is no legal binding on the government to make the findings of the inquiry report/ recommendations public,” the report submitted by the government reads.

“The said provision reads that the commission shall complete its inquiry and make its report to the government within such period as may be specified by the government by notification in the government gazette, or within such further period as the government by like notification may specify.

“As per sub-section (6) of section 5 of the Jammu and Kashmir commission of inquiry Act, 1962, any proceeding before the commission is a judicial proceeding. The said provision reads that any proceedings before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Jammu and Kashmir State Ranbir Penal Code, Samvat, 1989.”

The government concludes its reply by stating that any recommendation made to the government by a commission is not binding on the government and the government has the prerogative to take an informed view on the recommendations after considering all the factual and legal aspects involved in a particular matter.

“It is submitted that the government has already taken appropriate action in the matter. However, in any case, any further action is required to be taken; the same will be taken as per the rules.”

As reported by the media, the Commission of Inquiry has found that the Indian 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.

Source: Greater Kashmir