NHRC serves notice to J&K Govt on complaint of martyrs’ family

Seeks report by July 16

Avtar Bhat
JAMMU, June 18: National Human Rights Commission (NHRC) has issued a notice to J&K Government through its Chief Secretary asking it to furnish the additional/complete report regarding the complaint filed by Rajinder Premi, son of Martyr Sarwanand Koul Premi a well known writer and poet, who was gunned down along with his younger son, Ravinder Koul on May 1 in 1990 by Pakistani militants who also looted all the valuables and cash lying in the house.
In its recent notice to J&K Government, the NHRC has taken serious exception that the report from the office of Chief Secretary J&K is still awaited and it has failed to submit the report to Commission so far about the complaint of the terrorism affected family regarding Government apathy to its plight in erstwhile State of J&K.
The Commission has issued instructions to Registry to issue final reminder to the Chief Secretary of J&K with the remarks to submit the requisite report and reply within four weeks failing which the Commission will be constrained to invoke corrective process under Section 13 of the Protection of the Human Rights Act 1993 calling for personal appearance of the authority concerned before the Commission.
The Commission has also issued directives of transmitting the copy of last direction as well as comments received from the complainant to the Chief Secretary, Government of J&K for submission of report within stipulated time period.
The Commission has urged the J&K Government to submit the report in this regard by July 16 this year for further consideration of the Commission.
The Commission in its judgment has also made it clear to the UT Government that the recommendation of the Commission made under Section 18 of the Protection of Human Rights Act, 1993 is binding on the Government or the authority. “The Government is under a legal obligation to forward its comments on the report including the action taken or proposed to be taken to the Commission in terms of Sub Clause (e) of Section 18. Therefore, the recommendations of HR Commission under Section 18 an adjudicatory order which is legal and immediately enforceable. If the concerned Government or authority fails to implement the recommendation of the Commission within the stipulated time under Section 18 (e) of the Act, the Commission can approach the Constitutional Court under Section 18 (b) of the Act for enforcement by seeking issuance of appropriate writ /order / direction”.
It further observed that the recommendation to be binding , axiomatically , Sanctus and sacrosanct public duty is imposed on the concerned Government or authority to implement the recommendation.
In his complaint, Rajinder Premi has demanded identification and arrest of killers of Sarwanand Koul Premi, a well known writer, thinker, poet and social activist and his son who were gunned down on May 1 in 1990 by the militants terrorists after kidnapping them from their residence in Soaf Shalli, Kokernag on April 28 night of 1990 and whose dead bodies were thrown on road side near Anantnag town of Kashmir valley bearing the marks of complete torture.
The family has also demanded ex-gratia and compensation for looted and damaged property besides return of house hold goods kept in the custody of local Auqaf Committee and fulfillment of all promises made by the Government with the family of martyr which it has failed to do till date.