The Division Bench (DB) of High Court Wednesday reserved its decision over the admission of Public Litigation (PIL) pertaining to reinvestigation of Kunun Poshpora mass rape case.
On Tuesday the DB had directed the advocate general, advocate Ishac Qadri to submit report on behalf of government that what steps have been taken by it to implement the directions issued by the State Human Rights Commission (SHRC). But today advocate Qadri informed the court that the reinvestigation of the case was beyond jurisdiction as the case is presently going on before sub Judicial Magistrate Kupwara and compensation was given to the victims.
The DB comprising chief Justice M M Kumar and justice Ali Mohammad Magrey heard a PIL seeking re-investigation into the infamous Kunan-Poshpora mass rape of at least 40 women allegedly by troops of Army’s 4 Rajputana Rifles in 1991.
The PIL has been filed by Advocate Parvez Imroz on behalf of the group of local girls including Uzma Qureshi, Samreen Mushtaq, Israh Batool, Binish Ali, Fozia Nazir and others.
Pertinently, the DB heard the PIL on April 29 and had directed the counsel for litigants to provide legal references to certain questions before the PIL could be admitted in the court. The judges wanted to know as to how the PIL can be a remedy for a 22-year old case and that can a PIL be a remedy for the implementation of a SHRC decision.
Ironically, the SHRC had issued three recommendations which include reopening of case, Rs two lacs compensation to each victim and action against accused. State government has reportedly compensated victims providing Rs one lakh rather than Rs two lakh as recommended by the SHRC.