Kunan: The SHRC Decision

   

Since 2004, six different complaints from the victims of Kunan mass rape were pending before the SHRC at Srinagar. It included a composite petition that was filed by a male who could not survive to hear the final verdict of the commission. Finally, the SHRC clubbed all the petitions together and passed a judgment in October 2012 recommending the government to pay compensation to the victims and file a case against the then director prosecution in the state police. Kashmir Life is reproducing the judgment in the larger public interest.

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BEFORE JAMMU AND KASHMIR STATE HUMAN RIGHTS COMMISSION DAWN BUILDING BOULEWARD DALGATE, SRINAGAR

Before : Hon’ble Justice    Sved Bashir-Ud-Din,    Chairperson
Javaid Kawos,        Member
File No.     Date of Institution    Date of Decisions
SHRC.    404/2004         10-11-2004
SHRC.    101 of 2006.    10-07-2006
SHRC.    47 of 2007.        07-05-2007
SHRC.     118 of 2007.         14-06-2007
SHRC.    38 of 2010.    23-02-2010
SHRC.    72 of 2011.    02-04-2011
Complaints regarding Kunan Poshpora atrocities lodged by victims and inhabitants of the Village (names with held)
v/s:
J&K State and; others.
Judgment

Per: Javaid Ahmad Kawos, (Member)
Complainant in person.
Mr. Shafat Ahmad Standing Counsel
Mr. Riyaz Ahmad, CPO.
Mr. G.Q.Mir, POC.

The initial period of turmoil was a very tough time for a common man. The night intervening 23rd/24th of the Feb-1991 would be haunting the villagers and especially women folk of village Kunan Poshpora as a continuous nightmare. The incident attracted attention of national and international print and electronic media and almost all the global human rights organizations were up in their sleeves when it was alleged by the victims that at about 11 pm the troopers of 4 Raj Rifles 68 Brigade stationed at Kunan Poshpora after cordoning of the village holed up all the men in two houses and then small groups of the armed personnel’s forced their entry in almost all the houses of the village and allegedly indulged in such a collective shameful acts which brings down the heads of each and every sane person in shame. It is alleged that during the whole night all the evil spirits were out free to inflict pain and agony and tarnish the inner souls of more than thirty girls and women of the village irrespective of their age and physical conditions, which they cannot forget till their soul will part from their bodies. The alleged incident was so grave and serious and there was such a public resentment in whole of the valley that the then District Magistrate Kupwara was forced to personally lodged FIR in the police. What happened to that FIR is another tragic story.

After noticing the apathy of various regimes of the Government towards the victims of the alleged incident, one Mst. Seema the victim (name changed) and a commoner Shri Shareef-Ud-Din Shiekh (now late) took to themselves and moved the commission for seeking redressal of the grievances. Mst. Seema (name changed) appears so desperate that out of six clubbed case she has filed three complaints after regular intervals being complaint Nos. 404 of 2004, 101 of 2006 and 47 of 2007. Sharief-Ud-din (now late) more aptly moved a composite complaint on behalf of 34 ladies which came to be registered as complaint No. 118 of 2007 and clubbed with the other complaints. Though the said complaint was dismissed on 11-12-2008 but later on the same has been revived / restored vide order dated 6th of Oct-2009 and file continues to remain clubbed with the other connected files.

The remaining two petitions have been filed during the pendency of main case. One Mst. Shareefa (name changed) W/o Mohammad Qasim has moved petition for being impleaded as party to the main case (being petition No. 38 of 2010) and the other complaint has been filed by one Mst. Shameema (name changed) W/O Mohammad Sidiq (being petition No. 72 of 2011) which too has been ordered to be clubbed with the main petition No. 404 of 2004 and 118 of 2007. Actually the case of victim stands already projected in the composite complaint No. 118 of 2007, but some how she has filed an independent complaint as well which has been ordered to be clubbed with the main case.

In addition during the course of recording of the evidence in the main case No. 404 of 2004 of Mst. Seema (name changed) some ladies appeared as witnesses who besides substantiating the complaint of Mst. Seema (name changed) revealed their own tragic and pathetic stories of ravishing of their chastity during the gory and horrible night of 23/24 of Feb-1991. The commission taking note of their depositions vide order dated 05-04-2011 ordered that the victims who don’t figure in the composite complaint are suo-moto impleaded as complainants in the case. So besides the above six petitions the cases of these complainants will also be disposed of by this common judgment as all of them are substantially and materially the same.

Mst. Seema (name changed) in complaint No. 404 of 2004 has agitated that during the intervening night of 23rd/24th of February 1991 at about 11 pm the Army personnel of 4 Raj Rifles 68 Brigade cordoned the village and directed the men folk to get assembled who were beaten and interrogated during the whole night while as some security personnel entered in her house gagged her mouth and tied down her hands and then till she was conscious eight army personnel, one after another, did all that what was not expected of them. They ravished her chastity and even ravished her in unnatural way. The complainant has further averred that she can identify the offenders who even beat her daughter due to which she has become disabled. She has prayed that the guilty be brought to the book and she be awarded compensatory relief of eight lacs for being subjected to such an in human and barbaric atrocities at the hands of her so called protectors.

The complaint is supported by an affidavit (unattested), copy of FIR No. 10 of 1991 of police station Tregam, copy of disability certificate of her daughter Shafeeqa Bano and copies of some Histopathologist, radio-diagnostic, sigmoidoscopy reports etc from various medical experts regarding some Mst. Sara (perhaps of complainant Mst. Saja).

Almost to the same effect is the other complaint No. 101 of 2006 (though brief) in which the victim has alleged that in addition to physical wrong , all the house hold goods were damaged by the security forces and still no relief has been paid to her or in favour of her disabled daughter.

The third petition filed in row by the same complainant which stands registered as complaint No. 47 of 2007 is detailed and exhaustive one but actually it is the repetition of her earlier petitions in which instead of eight lacs she has claimed Rs. Fifty Lacs as compensation. Even in between during the proceedings she has filed an application on 13-12-2009 wherein besides agitating the same story she has claimed Rs. Ninety thousands as medical aid which she has spent on the treatment of her daughter.

The other complaint No. 118 of 2007 has been filed by one Sharief-Ud-Din Shiekh (now late) on behalf of 34 victims alleging the same horrible story of the night intervening 23rd/24th of Feb- 1991 in which thirty two women folk of village Kunan Poshpura were physically assaulted at the hands of so called disciplined forces and some due to fear of losing their respect in the society have chosen to remain mum and opted not to disclose their woes and even some have taken their shameful sufferings to their graves rather than to disclose them in the public. The complainant has further averred that despite the incident attracted National and international media and victims were interviewed, but the Government has turned a complete deaf ear towards the pain and agony of these victims and no relief or compensation has been granted to them. Hence the indulgence of the commission has been sought.

Mst. Shareefa (name changed) has preferred petition No. 38 in the year 2010 seeking impleadment as a petitioner in the main case. She has narrated the same painful and horrible story and alleged that eight security personnels forcibly ravished her chastity which was all shameful as a result of which she went under shock for about two years. She has sought leave to be impleaded as petitioner which was granted, as reports were called and the matter was ordered to be clubbed with the other cases.

Lastly Mst. Shameema Begum (name changed) came up with an independent petition No.72 of 2011 alleging therein that while the security forces started molesting and abusing her physically her four years old daughter could not tolerate the same and she jumped out from a window due to which her pelvis got fractured. It was after much medical care and treatment that she is now able to walk a few steps and has prayed that her name be also included in the list. The victims name, however, already figures in the composite complaint moved by Sharief-Ud-Din sheikh (now deceased).

After registering all these complaints on the record of the commission in petition No. 404 of 2004 reports were sought from IGP Kashmir Zone and Commanding Officer 4-RR 68 Brigade. However, in composite petition No. 118 of 2007 report was called from Addl. DGP (CID). In other petitions though primarily separate reports were sought from DGP J&K, Addl. DGP (CID), IGP Kashmir zone and even from Dy. Commissioner Kupwara but later on the same were ordered to be clubbed with the main case and petition No. 404 of 2004 was taken as the lead case.

The DGP J&K initially vide his communication dated 25-06-2009 wanted to adopt the same two line report which he had already submitted in connected complaint No. SHRC/118 of 2007 titled Sharief-Ud-Din Shiekh V/S State and others, in which the police chief of the state has tried to brush aside this serious matter with just a casual approach by reporting that after the enquiries, the investigation of case FIR No.10 of 1991 stands closed as “untraced” for want of evidence and was not found fit for launching prosecution against the accused.

Later on, however, the DGP by virtue of subsequent report dated 22-05-2010 came forward with a little bit of truth and tried to open the close doors of investigation and affirmed that during the intervening night of 23/24 of Feb-1991 Army personnel cordoned village Kunan Poshpura. The men folk were dragged out from their homes and confined into two houses while as the ladies of village were questioned / interrogated. The report further reads that it had been alleged that the Army personnel’s after consuming liquor raped 23 ladies irrespective of their age and martial status, in which connection FIR No. 10 of 1991 was registered in police station Triahgam . Police Chief has then shown magnanimity by reporting that the medical report in respect of Mst. Seema Begum (name changed) has proved the allegations to the extent of torture and rape to be correct, but has conspicuously remained mum regarding the other victims and has concluded the report by submitting that as no identification parade of the Army personnel’s was conducted the investigation of the case was closed as “Untraced”.

This report can be read in all the three petitions moved by the victims for redressal of her grievances and in all other connected matters clubbed with the same.

The complainant has filed rejoinder in the shape of a composite statement of facts filed by Numbderdar Aziz Shah, Chowkidar Mahda Shiekh Juma, Sarpanch Abdul Ahad Dar and respectable residents of the village Abdul Ahad Dar, Abdul Rahim Dar, Sharief-Ud-Din Shiekh, Rehman Dar and Abdul Rehman wherein all of them have averred that during the intervening night of 23/24 Feb-1991 security forces cordoned village Kunan Poshpura and the men folk were ordered to come out from their respective houses while as the girls and women were subjected to rape. FIR was lodged in the police station Triahgam  and the victims were medically examined by MO Kralpora. During the intervening night neither any militant was apprehended nor there was any firing. Only the men were brought out of their homes and were subjected to torture. The Govt, appointed an officer to conduct an enquiry in the matter who recorded statements of the victims, but later on what happened to the enquiry nobody knows. The enquiry officer was promoted and the matter was pushed under the carpet. Some teams from outside the state also came and recorded the statements of victims and even prepared audio video cassettes and they (the villagers and the victims) were under the impression that the matter is still under consideration, but later on it transpired that the same has been shelved not to see the light of the day again. Actually they should have approached Human Rights Commission much earlier which could have redressed their grievances.

The complainant in the lead case has examined as many as 12 witnesses who are all victims of the alleged atrocities committed by the security forces during the intervening night 23/24 Feb-1991. In the connected file No. 118 of 2007 titled Sharief-Ud-Din Shiekh V/S State and others, further 5 witnessed have been examined and in the file 38 of 2010 statement of complainant has been recorded as her own witness. So in all there are total 18 witnesses (victims) who have deposed before this commission regarding the incident.

After appreciating the statements of the witnesses thoroughly and closely all the witnesses have almost given same statements regarding the incident with a minor addition or distinctive description regarding the incident which they have individually experienced during this gory night.

Analyzing the statements of all the witnesses / victims it transpires that at about 10 to 11 pm in the night security personnel’s cordoned the village. The men folk of the village were ordered to come out and were confined in a Kothar (Store Houses). Then small groups of security forces comprising of 2/4/5/6 personnel’s made their forced entry into the houses. They consumed / had consumed liquor, and then gagged the mouths of the victims and committed forced gang rape against their will and consent. The personnel’s from the security forces had actually turned into beasts and had lost their sense of reasoning as even minor girls of 8 years of age of some of the victims were also ravished.

Actually security forces had come with the intention to ravish the chastity of all the women folk of village Kunan Poshpura and had not cordoned the village in order to flesh out any militant(s). The security forces did not even took notice of the presence of minor children who were only crying and witnessing their gory and shameful act. The indecent incident continued approximately till 3/4 a.m in the night. There was a police man namely Abdul Gani from the village who tried to raise SOS alarm for help from the loudspeaker of the local mosque, but later on he too was killed by the army personnel’s so that all the evidence against them is whipped off. Almost all the women folk of the village suffered same atrocities during the whole night. After regaining consciousness in early morning the victims found their all clothes were torned out. They were taken for medical examination and treatment to the doctors. Even later on a lady doctor was camped in the village for about a week, so that the victims can get proper medical treatment. The police did not conducted any identification parade though the statements of the victims were recorded by the police and other officers of the Civil Administration. The victims have been suffering from various mental and physical disorder and Trauma since they were subjected to forced rape. The cross examination of the victims has disclosed that the security personnel’s had gagged their mouths and warned them of dire consequences at the gun point. Though they cried for help but there was no one to respond. Some of the witnesses have deposed that they were not medically examined. Till date the victims have not been provided any relief by the government or any other agency. From the statements it transpires that at least 36 ladies were subjected to forced gang rape and despite that no identification parade was held.

In complaint No. 38 of 2010 the complainant has appeared as her own witness and deposed that at the time of incident she was 13/14 years old and just before 11 days she had got married. On the fateful night she was in her in-laws house when the security personnel of 4 and 24 RR forced their entry into her house. The men folk were ordered to move out of the house and 4/5 Army personnel entered into her room and committed forced rape upon her. In the morning she was rescued by the villagers but at that time the army had left out of the village. She was taken to doctor for examination and treatment. In the first instance she does not wanted to agitate this disgraceful incident but later on Shamas-Ud-Din filed a composite application in the commission. Till date she has not been given any relief or compensation. In cross examination witness has stated that army personnel from Panzgam Camp had raided the village. Though she raised an alarm for help but nobody came to her rescue. Despite she resisted but she was physically unable to over come 4/5 army personnel’s. She had given her statement before the police as well.
This completes the appreciation of evidence adduced in the lead cases as also in file No. 38 of 2010.

During the course of proceedings CD file of FIR No.10 of 1991 police station Triahgam was also called, photocopy of which is available on the file. The same has however, been submitted without statement of witnesses recorded under 161 Criminal Procedure Code.
We have heard the parties and have pursued the entire record.

Dawn of 24th of Feb-1991 would have been a horrifying scene for all the villagers of Kunan Poshpora as seldom there was a soul left in the village who was not subjected to inhumane treatment. The height of things is that all the atrocities were committed under the garb of security of the state and curtailing internal militancy related activities, though neither a single anti-national element was apprehended nor any other untoward incident like encounter, cross-firing etc took place during the whole night. The victims have clearly deposed that the offender had come predetermined to inflict such an injury upon the inner souls of the women folk of the village (irrespective their age, martial status, physical conditions etc etc) which would haunt them through out their lives.

To corroborate the depositions of the victims, the top cop of the state vide his report dated 22-05-2010 has affirmed that the army personnels cordoned village Kunan Poshpora and after dragging the men folk out of their houses confined them in two houses. The police chief has then proceeded guardedly by mentioning that “it was alleged “that the army personnels after consuming liquor raped twenty three ladies irrespective of their age and martial status in which connection FIR No. 10 of 91 was registered in police station Triahgam . However, thereafter it has been admitted  by the  DGP  that    the  medical  report  of Mst.  Seema  (name changed) has proved the allegations of torture and “rape” to be correct, but has added that as no identification parade of the army personnels was made , the investigation of the case was finally closed “Untraced”.

Thereby from the report of Police Chief it is clear that after medical examination of the complainant, it has been proved that the army personnels of 4 RR of 68 Brigade had committed the offence of rape against her will, but as already mentioned he has conspicuously remained silent about the similar atrocities committed upon the other ladies of the village, whose case stands proved by the case diary file available on record, in which we have been able to lay our hands upon the medical opinion tendered by Block Medical Officer Kralpora with regard to thirty one ladies. It has been clearly opined by the expert that the ladies have been subjected to rape some 15/26 days back and the offence has been committed upon them multiple times and it was against their will as the victims bore the signs of abrasions and contusions on their different part of the body. Thereby though the DGP has tried to push the collective crime committed by Army personnels under the carpet in a very presentable and sophisticated way, but the medical examination and the opinion sought from the Block Medical Officer Kralpora clearly evidences the fact that the offence of gang rape was committed on the persons of unfortunate victims.

Leaving this aspect of the case as proved by the Medical evidence, the report the police chief of the state and amply substantiated by the depositions of the victims I will come to the last sentence of the report submitted by DGP J&K.

The DGP J&K has in his report submitted that as no identification parade was conducted, therefore, the investigation of the case was closed as “Untraced”. Can for Gods sake the police chief of the state answer a simple question as to why in such a serious and heinous case the identification parade was not held? Who was responsible for this intentional dereliction of duty and what action the DGP J&K has taken against the erring officers / officials ?

From the CD file which is available with the commission it prima facie appears that all the officers from top to bottom were in hurry and wanted to scuttle the investigation of the case and they have succeeded in their evil design but in a very bad and crude way. The main complainant in the lead case has clearly and unequivocal mentioned that she is and was in a position to identify the offenders, but investigating officer(s) and their high-ups were not in a mood to proceed with the investigation of the case in a fair and impartial manner. They were rather trying to grab an opportunity which would help them to close the investigation as “untraced” why the identification parade has not been conducted and who is at fault is a million dollar question which the DGP J&K will have to answer ?.

The incident was so serious and grave that the District Magistrate Kupwara had submitted a detailed report to Divisional Commissioner Kashmir copy of which was forwarded to District Police Office Kupwara which was taken and registered as a FIR, but unfortunately the same has been dealt with in such a casual and shabby way by the police officers. This speaks volumes about the due discharge of duties by the investigating agency such as SHO P/S Triahgam , the then ASP Kupwara Sh. Dilbagh Sing-IPS, the then SSP Kupwara Sh. S.K. Mishra who had investigated the matter at different points of time and had examined about thirty two witnesses including the victims of this gory crime. We fail to understand what considerations had prevailed with the investigating officers and their high ups to scuttle the investigation in such a crude way. They had not only done injustice to the victims of this incident but have gone against the oath which they have taken at the time of induction into the services. They were duty bound to discharge their functions fairly impartially, properly without any fare, favour, inducement or any other consideration effecting their due discharge of duties. But what they have done is patently shameful.

Thirty one ladies who were referred to medical examination and opinion were gang raped through out the night of 23/24 Feb-1991 which offence was substantiated by expert opinion and even by the statements of the witnesses/victims and the incident was so grave and serious in magnitude that none other than the District Magistrate Kupwara had submitted a confidential report to Divisional Commissioner Kashmir under his confidential letter No. 1956-61 dated 07-03-1991 in which he has mentioned that on his local visit there was hue and cry in the whole village and he recorded the statements of some of the witnesses including the victims and was shown the various rooms in which the army personnels had committed the offence of gang rape and was even shown the torn out clothes. The District Magistrate had added that the Army personnels had turned violent beasts. In the morning when the men folk were released they were shocked to see that the Army personnels had gang rapped their daughters, wives, sisters etc and had forcibly taken no objection certificate form the locals. The District Magistrate had further added that “I feel ashamed to put in black and white what kind of atrocities and their magnitude was brought to my notice on spot”.

The incident was reported within and outside the state and even other parts of the world and all the Human Rights Organizations and right thinking persons took notice of the same and even visited the spot, but contrary to all the world wide attention which was focused on the incident the police officers/officials for reasons best known to them have thought it fit that on the worthy opinion of the then Director Prosecution it will be in the fitness of the things to close the investigation least, concerned about the due process of law and the pain and agony of the victims and their family members .

It may not be out of place to mention here that the file during investigation has been sent to then Director Prosecution for his opinion who for obvious reasons has given following opinion where upon the case has been closed as “Untraced”. To be precise we will like to quote the opinion of the Director Prosecution as under:-

I.    “The statements of witnesses were not only found stereo type but also suffer from serious discrepancies and Contradictions.
II.    That such sensitive incident was not reported in time to the local Police Station which is located hardly 3 KMs from the place of occurrence.
III.     The report purported to have been written by the villagers on 25/26th Feb-1991 was actually presented before District Magistrate on March 4 i.e seven days after the occurrence which could give rise to the legal presumption that the incident had been stage managed.
IV.    The inability of the witnesses to identify the alleged accused has introduced a fatal and incurable lacuna in the prosecution story.  ”

Banking upon the aforementioned trash, childish and silly opinion, the investigating agency closed their eyes shut to all other material available on the record and just after less than eight months had closed the file so that it may not see the light of the day again.

Appreciating the opinion of the then Director Prosecution it clearly shows that he was made a scapegoat in the whole investigating process, but for his folly he has to face the music because the grave violation of the Human rights which have been committed by the troopers of 4 RR- 68 Brigadiers needs to be accounted for. The Director Prosecution has taken such a flimsy and contradictory grounds which speaks about the haste the police department was to close the investigation of the case and throw the file in the dustbin. By way of first objection the Director Prosecution has opined that the statements are not only stereo type but also suffer from serious discrepancy and contradictions.

Speaking for myself I cannot make out in which context he has used the word “stereo type” and “serious discrepancy and contradictions”. Whether the same have been used as synonymous or antonym I cannot make out the same. He appears to be confused and rightly so, because he would have been under tremendous pressure. Regarding the second objection he must have been rather ashamed of the performance of the SHO police station Triehgam who ought to have registered the case of this magnitude of his own rather than to wait for the report of District Magistrate submitted by him to Divisional Commissioner Kashmir copy of which was taken as FIR in the case. Then the delay in filing of the FIR was a matter to be considered by the Court / Court Martial, during the trial of the case. The Director Prosecution appears more concerned to anticipate things in order to abort the investigation of the case. It was rather the primary duty of the police officer(s) concerned to register the case in time. Instead of proposing action against the erring police officer(s) the Director Prosecution wants to exploit the inaction of the police to the disadvantage of the victims and in favour of the perpetrators of the crime. This is highly condemnable. The opinion of the then Director Prosecution would have positively been approved by some competent officer, who by his connivance appears equally responsible for the negligence in the prevention of these grave Human Rights Violations.

Last nail in the coffin by which the Director Prosecution has tried to scuttle the investigation is that as per his wisdom, the inability of the witnesses/victims to identify the offenders is a fatal lacuna. The Director Prosecution has taken the same plea as has been reported by the police chief of the state in his report. But the basic question remains that if the police concerned does not conduct the identification parade, the victims of the offence cannot be held responsible for the same. It was the primary and bounded duty of the investigating agency to conduct identification parade of the army personnels figuring in the nominal roll and if the same has not been done the victims cannot be blamed for the same.

Proper course open was that the investigation ought to have been taken to its logical end and then it must have been left to the court/court martial, to decide upon the fate of the prosecution case. Instead the investigation has been high jacked halfway in order to favour the perpetrators of the crime. Even otherwise copy of the case diary file reveals that the investigation of the case was not up to the mark. The copy of CD file available with the commission no where shows that the investigating agency has seized the torn out cloths which were seen by the District Magistrate on his visit and no FSL report has been sought. This all shows that investigation was being conducted not to launch prosecution against the offenders but to ensure that they go scot free.

Considering all that what has been discussed here in above one arrives at an irresistible conclusion that the then Director Prosecution by his deliberate and intentional omissions and commissions and with the implied or express approval of competent authority has been able to scuttle the investigation of the case and thereby the offenders have not even been shown the doors of the Court / Court Martial, while as in the facts and circumstances of the case they should have been sent to face the trial. Thereby it is clear that the then Director Prosecution has deliberately played a pivotal role in this whole incident where by due to his intentional omissions/commissions and negligent approach he has deterred the investigating agency from taking due action as warranted under law and thereby has been responsible for violation of Human Rights Act.

a), therefore, in the afore discussed backdrop we, therefore, are of the considered opinion and accordingly recommend that under section 19 (1) of the J&K Prevention of Human Rights Act 1997 proceedings for prosecution be initiated against him and such other officer / officers who had approved his childish opinion which directly contributed to the shelving of investigation of this serious case and thereby directly benefited the offenders who had committed such grave Human Rights Violation.

Further taking into the consideration all the material available on record and the reasoning discussed here in above we feel sorry for the victims of the incident that till date no successive Government / District Administration have ever taken the trouble to approach them and offer them a helping hand or the “healing touch” which words were adopted by one of the regime to bring back normalcy in the state and provide due help and soothing touch to those who had suffered during the turmoil. Actually it appears that just after the investigation of the case was closed as “untraced” and the file was shelved, all the successive governments and District Administration closed their eyes shut towards the pain and agony of the victims and nobody for all these more than twenty years has tried to extend any relief or compensation to them which could have even for a prima facie purposes aroused a sense of belonging to these victims and they would have developed a feeling that there is a somebody who owns and cares for them. Right from Feb-1991 all the successive Governments and District Administration have being guilty of callous, negligent, insensitive and indifferent approach and attitude towards all these victims as if nothing had happened in Kunan Poshpora during the intervening night of 23rd/24th of Feb-1991.

b). We therefore, further recommended that leaving maximum discretion to the wisdom of the Government, minimum Rs Two Lacs each be paid to all the victims viz complainants in all the six petitions including composite petition NO. 118 of 2007 and regarding whom suo-moto cognizance has been taken vide order dated 05-04-2011 and besides them also in favour of those who after the medical examination and opinion have been found to have suffered the same atrocities during the horror night of 23/24 Feb-1991. In addition Shafiqa Bano daughter of complainant in the lead case be given Rs. 25,000/= for the injuries she has sustained during the incident.

c)   It is, further, recommended that the investigation of the FIR No. 10 of 1991 of police station Triahgam  shall be re-opened and same shall be re-investigated through a Special Investigating Team headed by an officer not below the rank of SSP and the investigation must be taken to its logical end without any further delay and  hiccups within a specific time bound period.

Copies of this order be forwarded to the State Govt, and District administration through the Chief Secretary of the State/Commissioner Secretary (Home), Divisional Commissioner Kashmir and DC Kupwara for action taken report (ATR) / proposed action taken report (PASTR) within the stipulated time frame as provided under the Act.

A copy of this order be also forwarded to chairperson National Human Rights Commission New Delhi through the Secretary of his lordships for his information.

Copies of this order be also forwarded to the complainants under registered cover free of cost for their information.

Full names of the complainants / victims and beneficiaries of this judgment are forwarded as Annexure “A” which must be kept confidential and not made public at any stage or at any cost.

The file after due completion be consigned to records.

Announced.

Sd/-
Javed Kawos
Member, J&K SHRC Srinagar

Sd/-
Justice Syed Bashir-ud-Din
Hon’ble Chairperson J&K SHRC Srinagar.

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