Excelsior Correspondent
SRINAGAR, July 1: High Court today directed the Home Department to explore possibility of granting relief to the Kunan-Poshpora victims as per the State Human Rights Commission recommendations and to investigate the crime as per the directions issued by the Judicial Magistrate Kupwara.
A Division Bench of the High Court comprising Chief Justice MM Kumar and Justice Hasnain Masoodi while hearing a petition on in famous mass rape case of Kunan-Poshpora which occurred in 1991 did not agree with the 18th empowered committee which was held on deliberation of the State Human Rights Commission’s recommendations.
“Investigation to be carried out by an officer not below the rank of SSP should be completed in terms of the directions issued by the concerned Judicial Magistrate,” the court directed.
The closure report filed by the investigating agency was rejected and returned by the Magistrate which has been challenged before the court of sessions Judge Kupwara, but no stay has been granted by the court till date.
The SHRC in February 2012 had made recommendation for granting compensation of Rs 2 lakhs to the victims’ families and had also quashed the earlier investigation, which was held under the supervision of the then Director Prosecution in a hush-hush manner, according to the commission.
Government had in its empowered committed denied granting compensation to the victims’ families on the ground that the incident does not fall within the purview of its policy.
However, court referred to the section 545A of Code of Criminal procedure which recognizes that the victims who suffered loss or injury are to be given compensation.
The court recognized the State’s constitutional and statutory responsibility for the crimes committed in Kunan-Poshpora and observed “that the women were subjected to cruelty and lawlessness.”
The bench observed the SHRC recommendations were supported by evidence and ordered the Government to explore the possibilities of payment of compensation within three weeks.
The petition filed before the High Court by the survivors of the Kunan-Poshpora mass rape and torture case of 23/24 February 1991 has sought court-monitored investigations by a SIT, and that the SHRC recommendations on compensation be processed by the Government of Jammu and Kashmir.
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