KUNAN POSHPORA MASS RAPE: SHRC Orders probe into 'Offshoot' cases
SRINAGAR; 27, Aug 2013: The State Human Rights Commission (SHRC) has ordered an “independent and impartial investigation” into offshoot cases related to the infamous Kunan-Poshpora mass rape incident.
The rights body issued the order after Director General of Police (DGP), Jammu and Kashmir and Deputy Commissioner (DC) Kupwara failed to present the factual report regarding the incident before the commission.
“The commission directs an independent and impartial investigation Viz-a-viz the present alleged victims and direct IGP, SHRC to get the matter investigated by an officer not below the rank of a Deputy Superintendent of Police within a period of two months,” reads the order.
The order further said that the investigation officer shall have limited access to records of the commission for completion of investigation so that same is completed positively within the prescribed time frame.
The next hearing of the case before the commission has been listed on October 28, 2013.
The SHRC in its order said that cases in which the investigation has been ordered were an offshoot of the Kunan-Poshpora mass rape in which, after the disposal of main case in year 2011, some women approached the commission alleging that they were also the victims of molestation at the hands of Army personnel on that fateful night in 1991.
In order to know the factual aspects of their allegations, SHRC sought reports from DGP and DC Kupwara.
“But unfortunately it appears that both of them are not interested in assisting this commission in disposing off the matter. Perhaps they want the matter must die its own death due to non submission of their reports,” the SHRC said in its order.
The order said that till date one of the complaints before the commission has earned 12 adjournments without any progress in the proceedings.
“Despite best efforts put in by this commission, neither the police chief nor DC Kupwara has budged an inch. They appear to be in deep slumber,” said an order.
The commission said that the “non action and insensitive approach” adopted by DGP and DC Kupwara can’t be allowed to affect the proceedings pending before the commission as the enquiry is to be taken to its logical end.
“In the circumstances explained, there remains no option left with the commission but to take resort to provision (a) to section 18 (1) of J&K Protection of Human Rights Act, 1997 and direct independent and impartial investigation,” said SHRC order.
Dozens of women from Kunan and Poshpora villages in north Kashmir’s district Kupwara were allegedly gang raped by troopers of 4 Rajputana Rifles during the intervening night of February 23 and 24 in 1991.
After the incident Police had lodged an FIR under section 376, 452 and 342 at police station Trehgam against the Army, but had closed the case as “untraced”.
In October 2011, the State Human Rights Commission (SHRC) had also recommended the State Government to reopen and constitute a Special Investigation Team (SIT) to re investigate the incident.
The Commission has also asked the state government to pay compensation of Rs two lakh each to the victims of the incident.
On June 18, 2013 , a Kupwara court acting on the petition filed by advocate Parvez Imroz on behalf of victims, dismissed the police report and also ordered further investigations of the case to be completed within three months.
The rights body issued the order after Director General of Police (DGP), Jammu and Kashmir and Deputy Commissioner (DC) Kupwara failed to present the factual report regarding the incident before the commission.
“The commission directs an independent and impartial investigation Viz-a-viz the present alleged victims and direct IGP, SHRC to get the matter investigated by an officer not below the rank of a Deputy Superintendent of Police within a period of two months,” reads the order.
The order further said that the investigation officer shall have limited access to records of the commission for completion of investigation so that same is completed positively within the prescribed time frame.
The next hearing of the case before the commission has been listed on October 28, 2013.
The SHRC in its order said that cases in which the investigation has been ordered were an offshoot of the Kunan-Poshpora mass rape in which, after the disposal of main case in year 2011, some women approached the commission alleging that they were also the victims of molestation at the hands of Army personnel on that fateful night in 1991.
In order to know the factual aspects of their allegations, SHRC sought reports from DGP and DC Kupwara.
“But unfortunately it appears that both of them are not interested in assisting this commission in disposing off the matter. Perhaps they want the matter must die its own death due to non submission of their reports,” the SHRC said in its order.
The order said that till date one of the complaints before the commission has earned 12 adjournments without any progress in the proceedings.
“Despite best efforts put in by this commission, neither the police chief nor DC Kupwara has budged an inch. They appear to be in deep slumber,” said an order.
The commission said that the “non action and insensitive approach” adopted by DGP and DC Kupwara can’t be allowed to affect the proceedings pending before the commission as the enquiry is to be taken to its logical end.
“In the circumstances explained, there remains no option left with the commission but to take resort to provision (a) to section 18 (1) of J&K Protection of Human Rights Act, 1997 and direct independent and impartial investigation,” said SHRC order.
Dozens of women from Kunan and Poshpora villages in north Kashmir’s district Kupwara were allegedly gang raped by troopers of 4 Rajputana Rifles during the intervening night of February 23 and 24 in 1991.
After the incident Police had lodged an FIR under section 376, 452 and 342 at police station Trehgam against the Army, but had closed the case as “untraced”.
In October 2011, the State Human Rights Commission (SHRC) had also recommended the State Government to reopen and constitute a Special Investigation Team (SIT) to re investigate the incident.
The Commission has also asked the state government to pay compensation of Rs two lakh each to the victims of the incident.
On June 18, 2013 , a Kupwara court acting on the petition filed by advocate Parvez Imroz on behalf of victims, dismissed the police report and also ordered further investigations of the case to be completed within three months.
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