*Home Secy headed panel to take final call on compensation
Mohinder Verma
JAMMU, July 11: Though the Jammu and Kashmir State Human Rights Commission (SHRC) has created new controversy by announcing compensation of Rs 10 lakh for the youth who was used as human shield by the Army in Kashmir valley, the recommendation is unlikely to be implemented due to lack of ‘legal backing’. However, the decision of Commission has drawn widespread criticism from cross section of society particularly legal fraternity in Jammu.
Army Major Nitin Leetul Gogoi had tied a man on the bonnet of his vehicle during the by-poll for Srinagar Lok Sabha seat in April this year in order to rescue a number of polling officials and others, who were surrounded by huge crowd.
Later, Army Chief Bipin Rawat honoured Major Gogoi with Chief of Army Staff’s Commendation Card for his sustained efforts in counter-insurgency operations which drew wide-spread appreciation across the country but received criticism from different sections of society particularly separatists in Kashmir valley.
Thereafter, a Non-Governmental Organization approached the State Human Rights Commission on the human shield issue and Commission’s Chairperson Justice Bilal Nazki yesterday passed an order directing State Government to pay compensation of Rs 10 lakh to the victim namely Farooq Ahmed Dar and file compliance report.
Though the Commission has created new controversy by issuing this direction yet its recommendation is unlikely to be implemented as the same lacks any ‘legal backing’, official sources told EXCELSIOR, adding “the SHRC is only a recommendatory body and its recommendations are not binding on the Government”.
“It is only because of this reason that over 90% recommendations of SHRC are not accepted but rejected by the Government”, sources said, adding “while rejecting the recommendations the Government is only required to record the reasons as per Section 12 of J&K Protection of Human Rights Act, 1997 where under this Commission has been established”.
Section 12 reads: “The Government shall cause the annual and special reports of the SHRC to be laid before each House of the State Legislature along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations”.
Sources informed that Government has already constituted an Empowered Committee headed by Principal Secretary Home Department and comprising of Director General of Police, Inspector General of Police CID and a representative of Department of Law, Justice and Parliamentary Affairs. The Empowered Committee is required to examine all the recommendations of the Human Rights Commission within a period of one month of their announcement.
“After receiving inputs from all the concerned quarters including the comments of a person or agency against whom the order is passed the Empowered Committee takes decision vis-à-vis acceptance or rejection of the recommendation of Human Rights Commission”, sources said, adding “there are grim chances of Empowered Committee accepting the recommendation of SHRC in human shield case keeping in view the precedence set till date”.
They further said that the Empowered Committee, thereafter, conveys its decision to SHRC as well as the complainant, who then is left with the only option of knocking the doors of the High Court.
Meanwhile, the decision of Human Rights Commission has drawn wide-spread criticism from cross section of society particularly members of legal fraternity.
President of J&K High Court Bar Association Jammu, Senior Advocate B S Slathia, while expressing concern over the order of SHRC, said, “such an order has all the potential of demoralizing the security forces and undermining the institution of Army, which is known the world over as the most professional institution”.
“This order of SHRC could promote the cult of stone pelting in Kashmir and hurt the national cause”, he added.
President of Jammu Province People’s Forum and retired Principal District and Sessions Judge Pavitter Singh, while strongly condemning the decision of State Human Rights Commission, said, “such an act helps in sustenance of militancy in Kashmir valley”, adding “there was no infringement of any right of the man who was used as human shield…. Rather this act of Army Major helped in not only saving the lives of polling staff and security personnel but also those of stone-pelters who had gathered to cause injuries to Army and polling party”.
Similar views were also echoed by several other members of the legal fraternity, who were approached by EXCELSIOR for their comments.
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