Excelsior Correspondent
Srinagar, Sept 9: The State High Court today directed authorities to complete the investigation into killing of 117 youth in alleged police firing in 2010 agitation within eight weeks and register cases wherever FIR has not been registered.
The Division Bench of Chief Justice N P Vasanthakumar and Justice Hasnain Masoodi directed that authorities to complete the investigation within eight weeks and register cases wherever FIR has not been registered and put the same before the court of law.
While closing the PIL filed by advocate Imtiyaz Sofi seeking registration of case wherever deaths have occurred, constitution of high level committee for preventing such deaths in future besides other reliefs in PIL, court directed investigation of these deaths and placing the same before the court of law within a period of eight weeks.
“In a few cases investigation has been concluded and chargesheet laid before the competent court. Let investigation in other cases be completed within eight weeks and result of such investigation placed before the competent court”, court directed. “The respondents shall register cases wherever the report is lodged but FIR for one or other reason not registered and conclude investigation in cases so registered as far as possible by November 30, and lay result of such investigation before the court”, directed the court.
Court also expected that while dealing with law and order position such type of deaths should be prevented in future and the extent of force to be used in response to public demonstration “the methodology to be followed and precautions taken while dealing with the public demonstration and in particular opening fire on demonstrators”, court said.
The court with regard to Commission of Inquiry said that it (COI) is on the job and expected to submit its recommendation to the State Government and “once the recommendations are made, the State Government is to act on such recommendations”, court said.
The State Government had on July 2010 constituted a Commission of Inquiry. However, the said Commission did not take off for various reasons and thereafter another Commission of Inquiry was constituted vide SRO 176 dated 20.6.2014.
The said COI was entrusted with the job of enquiring into the circumstances leading to deaths by firing during maintenance of law and order in different district of Valley during 2010 “Fix responsibility wherever excessive force has been used, resulting fatalities, and where due care has not been taken to avoid such fatalities and suggest measures to avert the recurrence of such incidents in future and recommending the action against those persons (authorities) found responsible in such incidents”, refers the terms of COI.
Observing that slow pace of investigation in those cases where FIR is registered in various police stations regarding killings and failure on part of the police to register cases in respect of killings not covered by cases already registered resulting into filing of instant PIL.
Having regard to the issues raised in the petition, and in particular plight of 117 families that suffered loss of family member, the first and foremost issue was to direct the respondents to pay ex-gratia relief to the bereaved families.
“Pertinent to point out that State Government decided to pay Rs 1 lakh as ex-gratia to each of the affected families and Central Government decided to pay Rs 5 lakh to each of the affected families”, court said in its judgment.
“This ordinarily should have ended the matter. However, public grievance survived as some of the affected families were left out from the relief package by arbitrarily fixing the date of death for entitlement to the relief package. Ex-gratia of Rs 6 lakhs per affected family stands paid”, court directed and closed the PIL with the view that it does not warrant any further proceedings and is accordingly closed.
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