Kunan-Poshpora Mass Rape: Fresh petition seeks inquiry by SIT
By imtiyaz reshi
Published: Tue, 29 October 2013 09:36 PM
Srinagar: Families of victims of the Kunan-Poshpora mass rape have filed a fresh petition in J&K High court, seeking constitution of a Special Investigation Team headed by SSP- ranked officer to complete the reinvestigation of the incident.
At least 32 women were allegedly raped by Army soldiers at Kunan-Poshpora villages in Kupwara district in 1991.
In the petition, five persons from victim families have prayed court to direct state government through Commissioner Secretary Home, Deputy Commissioner Kupwara, Director General of Police and SSP Kupwara to immediate constitute, within two weeks, a SIT “to carry out comprehensive investigation in the instant case and complete investigation within a period of 3 months from its constitution.”
“The government and the SIT constituted be directed to provide regular status report to the High Court,” they said.
Besides, the victim families are seeking directions to Government of India through defense Secretary and twelve other persons including chairperson National Commission on Minorities, Wajahat Habibullah, president Indian Federation of Working Journalism, K Vikram Rao, and Visiting Professor Centre for Police Research New Delhi, BB Verghese, to cooperate with SIT. “Deputy Commissioner Kupwara be directed to ensure that victim of Kunanposhpora are provided all the necessary relief, compensation as per relevant rules as well as SHRC recommendations.”
The petition has been filed Abdul Ahad Shah, Sara, Khira, Abdul Ahad Dar and Mohammad Amin Sheikh.
In their petition, they have submitted that there has been very little headway in the investigation conducted by Police.
“The government and police for 22-years had sought to ensure impunity for armed forces in the state. There has been never thorough investigation and it is clear that police could not wish to carry such an investigation,” they have said in the petition filed by advocate P Imroz.
“On 18 June, Sub-judge Kupwara gave police three months to complete investigation and on 13 September, SSP inquiry officer, got an extension of six months without providing petitioners an opportunity of being heard.”
The sequence of events, petitioners said, will show that from 1991 till date, there has been clearly established “mala fides on part of police and underlines immediate need for High Ccourt to intervene.”
On May 14 this year, the High Court had closed as “premature” a Public Interest Litigation, seeking reinvestigation into the alleged mass rape.
“On account of the pendency of statutory process for implementation of the recommendations made by the (State Human Rights) Commission in its report and also the pendency of the proceedings before the magistrate (in Kupwara), we are not inclined to entertain this petition at this stage,” a division bench of Chief Justice MM Kumar and Justice Ali Mohammad Magrey had said.
The bench expressed hope that a High Level Committee, which according to Advocate General MI Qadri was constituted by the government to examine the recommendations made by the SHRC, will seriously debate the suggestions and take decision expeditiously, preferably within four weeks.
The magistrate, court said, would also “do well” by deciding the issue pending before him expeditiously.
“We close the instant PIL leaving it open to the petitioners to approach this court as and when any final decision is taken, if so advised,” the court said.
Before disposing of the petition, the bench said, “We wish to clarify that in the present order we have not decided about the locus standi of the petitioners nor the objections concerning the maintainability of this PIL. All the questions have been left open.”
Last year on October 16, the SHRC had recommended the state government to reinvestigate the case. The Commission had also recommended the state to prosecute the then Director Prosecution who had sought closure of the case besides recommending Rs 2 lakh as compensation to the victims.
Quoting reports, the PIL had said that troops of 4 Rajputana Rifles “committed mass rape of 32 women of all ages and conditions, pregnant, deaf-dumb, mentally-ill, elderly (up to 70 years) between 11 pm and 4 am on the night of February 23/24 in 1991 in the (twin villages) of Kupwara during a cordon-and-search operation.”
By imtiyaz reshi
Published: Tue, 29 October 2013 09:36 PM
Srinagar: Families of victims of the Kunan-Poshpora mass rape have filed a fresh petition in J&K High court, seeking constitution of a Special Investigation Team headed by SSP- ranked officer to complete the reinvestigation of the incident.
At least 32 women were allegedly raped by Army soldiers at Kunan-Poshpora villages in Kupwara district in 1991.
In the petition, five persons from victim families have prayed court to direct state government through Commissioner Secretary Home, Deputy Commissioner Kupwara, Director General of Police and SSP Kupwara to immediate constitute, within two weeks, a SIT “to carry out comprehensive investigation in the instant case and complete investigation within a period of 3 months from its constitution.”
“The government and the SIT constituted be directed to provide regular status report to the High Court,” they said.
Besides, the victim families are seeking directions to Government of India through defense Secretary and twelve other persons including chairperson National Commission on Minorities, Wajahat Habibullah, president Indian Federation of Working Journalism, K Vikram Rao, and Visiting Professor Centre for Police Research New Delhi, BB Verghese, to cooperate with SIT. “Deputy Commissioner Kupwara be directed to ensure that victim of Kunanposhpora are provided all the necessary relief, compensation as per relevant rules as well as SHRC recommendations.”
The petition has been filed Abdul Ahad Shah, Sara, Khira, Abdul Ahad Dar and Mohammad Amin Sheikh.
In their petition, they have submitted that there has been very little headway in the investigation conducted by Police.
“The government and police for 22-years had sought to ensure impunity for armed forces in the state. There has been never thorough investigation and it is clear that police could not wish to carry such an investigation,” they have said in the petition filed by advocate P Imroz.
“On 18 June, Sub-judge Kupwara gave police three months to complete investigation and on 13 September, SSP inquiry officer, got an extension of six months without providing petitioners an opportunity of being heard.”
The sequence of events, petitioners said, will show that from 1991 till date, there has been clearly established “mala fides on part of police and underlines immediate need for High Ccourt to intervene.”
On May 14 this year, the High Court had closed as “premature” a Public Interest Litigation, seeking reinvestigation into the alleged mass rape.
“On account of the pendency of statutory process for implementation of the recommendations made by the (State Human Rights) Commission in its report and also the pendency of the proceedings before the magistrate (in Kupwara), we are not inclined to entertain this petition at this stage,” a division bench of Chief Justice MM Kumar and Justice Ali Mohammad Magrey had said.
The bench expressed hope that a High Level Committee, which according to Advocate General MI Qadri was constituted by the government to examine the recommendations made by the SHRC, will seriously debate the suggestions and take decision expeditiously, preferably within four weeks.
The magistrate, court said, would also “do well” by deciding the issue pending before him expeditiously.
“We close the instant PIL leaving it open to the petitioners to approach this court as and when any final decision is taken, if so advised,” the court said.
Before disposing of the petition, the bench said, “We wish to clarify that in the present order we have not decided about the locus standi of the petitioners nor the objections concerning the maintainability of this PIL. All the questions have been left open.”
Last year on October 16, the SHRC had recommended the state government to reinvestigate the case. The Commission had also recommended the state to prosecute the then Director Prosecution who had sought closure of the case besides recommending Rs 2 lakh as compensation to the victims.
Quoting reports, the PIL had said that troops of 4 Rajputana Rifles “committed mass rape of 32 women of all ages and conditions, pregnant, deaf-dumb, mentally-ill, elderly (up to 70 years) between 11 pm and 4 am on the night of February 23/24 in 1991 in the (twin villages) of Kupwara during a cordon-and-search operation.”
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