Upholds order of SHRC passed in 2012
Avtar Bhat
JAMMU, Sept 8: National Human Rights Commission (NHRC) while upholding the order of State Human Rights Commission (SHRC) issued in 2012 on a petition filed by Rajinder Kaul Premi, son of martyr, Sarwanand Kaul Premi who along with his 27 year old son was assassinated by terrorists in 1990 has served notice to J&K Government through Chief Secretary urging it to submit report within four weeks in the complaints filed by the aggrieved family.
The notice has been issued by Assistant Registrar (Law) NHRC, Debindra Kundra on behalf of the Commission on August 30 this year. In its notice the NHRC said that since the complainant has approached the Commission alleging violation of human rights in context of denial of remedy despite the order of the State Human Rights Commission (SHRC) passed in the year 2012.
Maintaining the NHRC is competent enough having jurisdiction to intervene in such matter, the Commission, while going through the petition of Rajinder Premi observed that it is amply clear that the main grievance of the complainant is the non implementation of the SHRC Order of February 22, 2012 and since the SHRC is ceased to have any existence due to abrogation of Article 370 and introduction of Jammu and Kashmir Recognition Act 2019, the complainant has approached NHRC with a prayer seeking its intervention in getting justice and orders passed by SHRC implemented.
The NHRC, while going through the complaint took serious exception to denial of justice to the family which happens to be a frontline terrorist victim. It further maintained that martyr Sarwanand Koul Premi who was a renowned poet, social activist, a journalist and a reputed author of about three dozen books and a well known figure of Kashmir valley who along with his younger married son Virender Kaul aged 27 years was kidnapped from his ancestral home in Soaf Shali falling under the jurisdiction of then Police Station Dooru in district Anantnag of South Kashmir and assassinated in the year 1990.
The terrorists and kidnappers ransacked the family’s entire house and looted every thing leaving them destitute, the Commission said while referring to petition of the complainant. The incident was a severe blow to the family and they were forced to leave the Valley much against their wishes leaving every thing behind, it observed.
In its petition the family has stated that its two residential houses along with cow-shed were burnt down by the subversives in the year 1998 and their ancestral immovable property including agriculture land was tress passed and grabbed by local land mafia.
The complainant in its petition before the Commission has also alleged that the erstwhile State Government had made number of promises but none of them have been translated into action till date leaving the family high and dry.
It said though the State HRC had issued directives to the J&K Government to provide adequate compensation to the family for damages suffered by it, besides paying adequate compensation, restoration of its trespassed land by the DC Anantnag who being the custodian of migrants’ immovable property.
The SHRC in its order, while going through the reports submitted by the concerned officers regarding the case and showing conformity with the same however had made it clear that family of such a reputed personality of the Valley after losing two of its members in such a gruesome and cold blooded manner have been left to start afresh from scratch.
It had further observed that the then State Government owes some responsibility to extent that at least some helping hand / aid so as to enable the family to start their lives honourably. In its order, the SHRC had shown its displeasure over failure of the then State Government to honour the communication of the then Union Minister of Renewable Energy, Dr Farooq Abdullah made to the then Chief Minister of J&K regarding the case.
The NHRC in its notice to J&K Government also turned its attention towards the recommendations of State Human Rights Commission (SHRC). It observed that in addition to communication of Dr Abdullah various high level meetings were held involving the senior officials of the State regarding the issues of the victim family. However, the callousness, apathy and insensitivity of the Government towards the plight of the family of an innocent front line victim of ruthless terrorism has left them shattered despite taking up the matter with PMO and MHA has proved to be ineffective.
The SHRC besides the restoration of land had also recommended payment of rent for the houses of the victim family which were under the occupation of security forces for many years.
The complainant in its petition had said that during the fateful night their entire valuables and cash amounting to Rs 10 lakh were looted against which only an ex-gratia of Rs one lakh was paid.
NHRC, while going through the order of SHRC termed it a reasoned directive covering almost all aspects of the complaint’s grievances. It further observed that SHRC had made very valid recommendations and directed the then J&K Government to redress the grievances of the complaint’s family.
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