State’s Rehabilitation Policy On the Return Of Ex-Militants, An Overview


Tasavur Mushtaq

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The state government has no proposal under consideration to grant amnesty to the persons arrested and detained during militancy who are not involved in any ‘heinous’ crime.

This was stated by government in autumn session of Jammu and Kashmir State Legislative  assembly while responding to a question of law maker Chowdhary Zulfikar Ali.

While talking about the Rehablitation Policy, it was stated that the government in November 2010  has notified the policy and procedure for return of identified youth who had crossed over to PoK/ Pakistan.

According to the data provided  by the government, the benefit of policy could not be extended to any of the individuals so for because no individual has returned via the approved routes for return; JCP Wagah, Attari, Salamabad, Chakan- da- Bagh and the Indira Gandhi International Airport New Delhi.

The procedure in the policy on the return of ex militants to the state include that the individual should have given up insurgent activities due to change of heart and is willing to return.  Intended to facilitate the return, the dependents of the people  who have gone to Pok/ Pakistan between January 1, 1989 and December 31, 2009 will be eligible for consideration under the policy.

The authority designated to entertain the application in the prescribed format is the district superintendent of Police of the  concerned district where the prospective returnee normally resided before crossing over to other side.

The permission according to the guidelines depends upon the dossier made after scrutinization of application by SP, then comments from CID and finally consultation with the central intelligence agencies and security forces. The final decision in this regard is taken by the home department.

In case the of those returnees who have married in PoK/ Pakistan, wives children and their other dependents will be considered for entry as per the existing laws and necessary certificate would be issued.

Before allowing them to settle, all the returnees along with their wives and children would be lodged in counseling centres for a period of three months or for such longer time as would be necessary till they are thoroughly interviewed; de-briefed and all necessary documentation is prepared. Pertinently returnees shall not be entitled to any special benefits available in the existing surrender/ rehabilitation policy.

According to government, no general amnesty is envisaged under this policy and the returnees would be duly prosecuted in cases registered against them which are of serious nature. However, cases registered against them for having crossed over to other side would be reviewed.

To enable their re-integration in to the society, the returnees will be given training in suitable trades or skills in ITI’s.  the returnees will be under scanner of local police and CID for period of two years.


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