NEW DELHI; The Supreme Court on Monday directed the Jammu and Kashmir government to ensure proper investigation of all cases arising out of communal clashes in Kishtwar last year and asked the Commission of Inquiry set up by the State government to submit its report on the incidents within three months.

A bench headed by Chief Justice P. Sathasivam also upheld the State government’s policy in awarding a higher amount of compensation to State subjects who are victims of the violence.

“The State government is directed to ensure due and proper investigation of all such cases registered in connection with the two incidents in question if such investigation has not been completed in the meantime and thereafter bring all such cases to a logical end in accordance with law by completion of the trial against the accused, wherever necessary,” it said.

Communal clashes had broken out in Kishtwar town in Jammu region on August 9, 2013, on the day of Eid allegedly after members of hindu group pelted on muslims while they was offering Eid prayers leaving three persons dead and dozens others injured. Property worth crores of rupees was set ablaze by the rival communities, forcing the government to impose curfew and seek army assistance in controlling the situation.

The government then appointed a Commission headed by Justice R.C. Gandhi, a retired judge of the Jammu & Kashmir High Court, to inquire into the incident.

“We, accordingly, request the Commission to complete its enquiry as early as possible, preferably, within a period of three months from today, if the final report has not already been submitted in the meantime. The government will naturally be duty bound to take all necessary and consequential steps on the basis of the said report as would be mandated in law,” the apex court said.

KISHTWAR; Government has admitted that the one-man Commission of Inquiry (CoI) appointed to probe Kishtwar riots has failed to submit report in stipulated time.

 In reply to a question of Congress MLA from Inderwal constituency, G M Saroori, who sought the status of Commission of Inquiry and payment of compensation to the victims, Chief Minister through a written reply in Legislative Assembly has admitted that after the lapse of more than six months the Commission of Justice (retd) RC Gandhi has failed to submit final report and missed another deadline of February 22.

 “The Commission of Inquiry constituted on August 23, 2013, to enquire into the incidents of violence and arson that took place on August 9, 2013 in Kishtwar has submitted only an interim report in December 2013 and the date of submission of the final report has been extended up to February 22,” the reply reads.

 In another part, the Chief Minister confirmed that government has not received the final report and was considering the interim findings received from the commission.

 “As the final report is yet to be submitted by the commission, certain interim findings made in the interim report are under considerations and do not pertain to the victims,” the reply reads.

However, in the answer it was also mentioned that an amount of Rs 1,84,11,563 has already been sanctioned and disbursed among 75 affected families and 45 relief cases are under process for payments.

 Pertinently, State government constituted one man Commission of Inquiry to probe into the circumstances that led to large scale rioting in Kishtwar and asked it to submit report within one month.

 Later the government appointed Qazi Sarwar, Additional Secretary to Government, Housing and Urban Development Department, as Secretary of the Commission, retired SSP, Reasi, Raghubir Singh and senior prostituting officer, Udhampur, P P Singh to assist the CoI.

 After taking four months and recording the statements of officials including then Deputy Commissioner Kishtwar and Superintendent of Police besides statements of more than 350 locals of Kishtwar and Padder, the Commission had submitted its interim report on December 20, 2013 and give clean chit to Minister of State for Home, Sajjad Ahmad Kichloo, who had resigned from the ministry in wake of allegations of his involvement in riots by the opposition. A day after receiving the interim report by CoI, Sajjad Ahmad Kichloo was re-inducted as a minister in State government on same portfolios.

 As per sources, “The Gandhi Commission in its interim report gave a clean chit to Sajjad Ahmad Kichloo, slammed different wings of the police, including the CID and administration for non-cooperation. It has held the former DC, DIG, SP, police personnel on ground duty and magistrates of violence-hit areas responsible for negligence of duty.

 It has recommended grilling of senior police officers for not registering an FIR into the case pertaining to attack on MoS Home Sajjad Ahmed Kichloo. The report also stated that Kichloo be treated as a victim and not accused.

 The commission has also advocated formation of mixed VDCs to strike a balance, sources said.

A document released by the Indian Home Ministry said there were 479 riots in the country, including in Muzaffarnagar in Uttar Pradesh, till September 15 in which 107 people lost their lives.
UP recorded the highest number of casualties—62—among all states, of whom 42 were Muslims and 20 were Hindus. There were 93 riots in UP in the first nine months of 2013 in addition to 108 incidents of tension in the state.

Altogether 1,697 people were injured in communal disturbances in the country this year, of whom 794 were Hindus and 703 were Muslims. Among the injured this year, there were 200 policemen.
A total of 219 Muslims and 134 Hindus were injured in riots in Uttar Pradesh in 2013.

Bihar, which saw 40 communal disturbances and 25 incidents of tension-like situation in 2013, recorded nine deaths in riots, of whom five were Hindus and four were Muslims. Among the injured in Bihar, 123 were Hindus and 66 were Muslims, while 19 were from the police department.

In Gujarat, there were 54 cases of communal violence and 21 of tension in 2013 in which six people lost their lives of whom three each were Hindus and Muslims. Of the injured in Gujarat, 85 were Hindus, 57 Muslims and five were police personnel.

There were 56 communal disturbances and 100 incidents of tension in Maharashtra this year, in which three Hindus and seven Muslims were killed. Of the injured, 101 were Hindus, 106 Muslims and 64 policemen. (PTI)