Srinagar, Nov 20: The Jammu and Kashmir local Police have held Indian Army responsible for the killing of 27 civilians in Kupwara in 1994.
This was disclosed in a communication sent by the Indian Ministry of Home Affairs (MHA) to Defence Ministry. “Non-cooperation by Army has obstructed further investigations into the massacre,” the communication adds.
In response to a notice from the Human Rights Commission of Kashmir, the MHA has sent a communication to the Ministry of Defence, quoting a report of the Director General of Police (DGP) (J&K) which has observed that Indian Army personnel were responsible for the civilian killings.
“In spite of repeated efforts, including a notice from Court of Judicial Magistrate Kupwara, the concerned Indian Army unit (ASC 31 Medical Regiment) has not cooperated with the investigating agency,” reads the MHA letter. “Non-cooperation by Indian Army has jeopardized further investigations of the case.”
MHA has requested the Defence Ministry that this matter “may please be taken up with concerned Army authorities on priority” for extending full cooperation and also for furnishing nominal role of officers, soldiers, who were on Road Opening Party (ROP) duty in Kupwara town on January 27, 1994. It has also requested human rights commission for granting extension of time for submission of required details.
In response to a petition at the Human rights commison about the case, the DGP has said that the Indian army refused to cooperate again when the case was revived in 2004. Filed on May 11 this year, the DGP’s reply states that (police) investigations had clearly indicted Indian army for unprovoked firing with criminal intent and found servicemen directly responsible for the killings in Kupwara town.
Police investigations under Section 302, 307 and 149 of the RPC which begun soon after the killings had also found that second lieutenant S Bakhshi had been commanding the unit then.
The petition was brought before the commission this February 2012 by human rights activists Muhammad Ahsan Untoo and Abdul Rauf Khan.
“The police had written to Indian army authorities to furnish the names of the personnel deployed in the area,” the DGP has stated. “Repeated requests to the army yielded nothing except a letter in the beginning that a court of inquiry had been instituted over the incident. But no details of the army inquiry were communicated to the police.”
“When army authorities gave no cooperation, the police closed the investigation on April 10, 1997,” it states. “Investigations were revived in June 2004 under the then additional superintendent of police for the district, but the army again refused to cooperate.” The DGP states that Indian army had also ignored orders issued by a Kupwara court under section 94 of the CrPC.
INTERNATIONAL FORUM FOR JUSTICE / HUMAN RIGHTS FORUM (J&K)
All Human Beings Are Born Free & Equal in Dignity & Rights
Ref. No: IFJHRFJK/2012/
Before the Hon’ble Chairman State Human Rights Commission J&K Srinagar.
In the case of : 1. International forum for justice through
its Chairman, Mohammad Ahsan Untoo
2. Human Rights Forum J&K through its secretary Abdul Rouf Khan.
------ (Petitioners)-------
V/S
1. Union of India through Secretary to Home New Delhi.
2. State through Commissioner Secretary to Home. J&K State Civil Secretariat Jammu / Srinagar.
3. Director General of Police Jammu and Kashmir State Jammu/ Srinagar.
4. Inspector General of Police Kashmir Range Srinagar.
5. Senior Superintendent of Police District Kupwara.
6. Operational Commanding Officer 15 Punjab Regiment Sharifa Abad Srinagar.
7. S.H.O Police Station Handwara.
In the matter of: Petition seeking direction from this Hon’ble Commission to investigate the killing of persons allegedly killed in the Kupwara Chowk on 27-01-1994 were in the respondent No: 3 to 7 may be directed to furnish the status report regarding the said case registered under FIR No: 19/94 U/s 302, 307 RPC. P/S Kupwara.
May it please your Honour:-
The petitioner most humbly submits as under:-
1. That the petitioners being the Chairman of International Forum for justice and secretary Human Rights forum J&K are striving for the cause of Human Rights in the valley for last 12 years and have every right to invoke the jurisdiction of this Hon’ble Commission.
2. That on 27 January 1994 Army personel of 15 Punjab Regiment killed 27 members of innocent persons and the reason was that they have shutdown their shops on 26th January on the call of separatist and for taking the revenge they killed innocent persons and for that an FIR No 19/94 U/s 302, 307 RPC stands filled in P/S Kupwara.
3. That no investigation has taken place in the said case by the respondent No. 7 till this date.
4. That all the 27 persons that were killed on that fateful day were innocent civilians and were not associated with any group or militant organization.
5. That the families of the deceased persons are starving as they deceased persons were the sole bread earners of their family and they were not compensated by the government till date.
PRAYER:-
In the premises it is therefore prayed that the Hon’ble Commission may kindly take cognizance of the matter and issue orders to investigate the matter and the order of compensation may be passed in favour of the 27 persons in the interest of justice.
Also the respondent No: 3 to 7 may be directed to furnish the status report regarding the said case registered with the 27 respondents under FIR No: 19/94 U/s 302, 307 RPC.
Applicant
Through its Counsel
Advocate Bilal Ahmad &
Advocate Hamid Shafi