The SHRC chairman Justice Bashir-ud-Din tasked to head the Commission of Inquiry into the recent civilian killings says the commission will try to complete investigation in time despite disturbances. Haroon Mirani reports.
On July 27, the state government announced the constitution of a Commission of Inquiry under the Jammu and Kashmir Commission of Inquiry Act, 1962 with Justice Syed Bashir-ud-Din (Retd) as the Chairman and Justice Y P Nargotra (Retd) as a member to inquire into all the 17 incidents of civilian killings on account of action by the State Police/Security Forces since June 11.
Even if the opposition People’s Democratic Party and separatists have turned termed it as an eye wash, the man assigned the task feels otherwise.
Justice Syed Bashir-ud-Din (Retd), who is waiting for formal orders to start the work, says justice can be done under the commission.
“Our priority will be to reach the people who are directly affected in these incidents,” said Justice Bashir-ud-Din. “We want people to confide in us and we will reciprocate equally.”
The commission will first reach the families, who have lost their relatives. “Later on the ambit will widen to other people like friends, distant relatives and others who wish to participate in the inquiry,” said Justice Bashir-ud-Din. “We have to give them opportunity and that too meaningful opportunity and not farcical one. The procedure will be people friendly.”
He dismissed the possibilities of political pulls and pressures from different quarters. “I can say on my behalf and even on behalf of my colleague Mr Y P Nargotra that pressure won’t be coming upon us, because we have nothing to do with politics of it,” said Justice Bashir-ud-Din, who has worked with Justice Nargotra at the state high court. “Political angle, if there is any will be looked into by politicians.”
Spelling out his priorities Justice Bashir-ud-Din said that he will try to complete the inquiry within the stipulated time period of three months. “We will try to complete the inquiry within the stipulated period of time and that too in a fair, transparent and meaningful manner,” he said.
The commission feels that though the area of inquiry is vast the appointment of two judges will speed up the matter.
“Mr Nargotra is also there and as they say two hands are better than one,” said Justice Bashir-ud-Din. “There will be division of labour as some matters will be handled by me and some by Mr Nargortra and thus it will be fast.”
He says that though the process is tedious but things will smoothen once the work starts. “The commission of inquiry has a set procedure and they work according to predetermined rules and regulations,” said Justice Bashir-ud-Din. “Once government sends us the orders and we move in with the issuance of preliminary notification, everything will go according to the plan.”
After the preliminary meeting of the commission a notification will be issued so that the commission can cover these 17 incidents spread from north Kashmir to south. The commission is also expected to set up sub offices as per the need.
“We will have to issue dates for calling statements of allegations and others from concerned, public, individuals, civil society, government and whoever is interested,” said Justice Bashir-ud-Din.
The commission will also collect particulars about the paramilitary troopers deployed at the particular time and place of the killing. “That information will have to be collected and the forces will be given the notices to take the stand,” said the Justice. “This will be the first stage and the second stage will be centred around schedules of hearings and recording evidences.”
They also plan to visit the actual incident sites. “Wherever incident has taken place we will have to go there. The first priority will be to take that particular matter at that time only,” he said.
Completing the task within the stipulated time period, however, will depend on the nature and volume of responses. “Definitely how much response we will get both in terms of quantity and quality will determine our time requirement,” said Justice Bashir-ud-Din. “Besides the situation at the ground level where we will have to operate will also determine our required time frame because if there is continuous disturbance, then our work will be hampered.”
“But our effort will be to complete it in the stipulated period.” He asserted.
The State Human Rights Commission, of which Justice Bashir-ud-Din is chairman has already taken cognizance of several incidents in Anantnag, Srinagar and Sopore, and according to him the investigations will run parallel.
SHRC investigation is being done under the protection of Human Rights Act 1998 and the commission is working under the inquiry commission act 1962.
“We may use some of the witness from inquiry commission in the SHRC one but the two will continue to be are different,” he said.
He added that the commission will look into both human rights violation and criminal side of the incidents. “Our work will be in complete legal manner. May be there are human rights violations and we have to look into that. We have to also look into the criminal side like somebody has done an offence,” he said.
The commission in its report will also suggest what actions and what remedies can be taken. “We have our duty to hold a fair, transparent, and meaningful inquiry in the shortest possible time and to reach all those who are affected,” he reiterated.
