Excelsior Correspondent
Srinagar, Jan 18: Army today termed re-opening of the Kunan Poshpora case as “flogging a dead horse” while denying the allegations of rape in the village in 1991.
The counsel for the Army Karnail Singh submitted before the Kupwara Court today during the hearing in the revision petition by the Army to shut down the investigation in the case.
As the Public Prosecutor was not present in the case, the counsel for the Army demanded adjournment of the case. Counsel stated that the Indian Army is the best disciplined force in the world and that all violations are dealt with an iron hand through court-martial.
In November last year, Army had filed a review petition before Principal Sessions Judge, Kupwara, challenging June 18 order wherein Court ordered further investigation into the case. Army petition had termed Kunan Poshpora case as concocted.
On December 19, District Principal and Sessions Judge Kupwara gave Army the last opportunity to file objections against its order to reinvestigate the Kunan Poshpora mass rape of 1991.
On December 26, Army filed objections stating that the victims’ families had no right to intervene in the case. “Army is fighting militants in the State but there are some people who are hell bent upon falsely implicating the Army,” the counsel for Army told the Court.
However, the Counsel for victims, Parvez Imroz, informed the Court that under the law they have the right to seek their intervention. “If Army is innocent, they should come forward and welcome the probe,” he said.
He said victim families were party to the case when judicial magistrate ordered re-investigation of the case.
In October 2011, SHRC had recommended to Jammu and Kashmir Government to reopen Kunan Poshpora mass rape case.
During the earlier hearings, counsel for the victim families Advocate Pervaz Imroz had submitted before the Court that Army was questioning the investigation which it had no right to do. “They can challenge the prosecution but not the investigation,” he said. “And as Supreme Court holds it, Army cannot do it at all.”
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