Fresh directives issued
Avtar Bhat
JAMMU, Oct 30: The National Human Rights Commission (NHRC) while taking serious exception to the failure on the part of J&K Government in granting justice to family of martyr Sarwanand Koul Premi and his son Virender Koul who were gunned down by militants in May 1990 in Anantnag district of South Kashmir has issued fresh directives to the UT Government through its Chief Secretary to submit the comprehensive Action Taken Report (ATR) to the Commission regarding the case within a period of three weeks.
The NHRC issued the fresh directives to the J&K Government after the case came up for hearing before it on October 26. Premi, a well known educationist, writer, poet and a social activist was kidnapped along with his son from village Soaf Shali in Anantnag district in May 1990 as he had had raised his voice against militancy and separatists accusing them of ruining the centuries old composite culture of Kashmir where Hindus and Muslims lived in complete harmony. The bodies of both father and son duo were thrown in Anantnag town bearing marks of torture.
Since then, the family of Premi were running from pillar to post for justice demanding action against the militants responsible for the heinous crime and those who looted their property and torched their house etc.
The NHRC, in a fresh notice to J&K Government, through its Chief Secretary, has directed him that a comprehensive Action Taken Report (ATR) be submitted by it within a period of eight weeks. The Commission also took serious exception that the Deputy Commissioner, Anantnag has failed to implement the directives of erstwhile State Human Rights Commission (SHRC) of J&K to ensure the safe custody of the left over property of the complainant and also to recover the encroachment as the Deputy Commissioner is bound to ensure the safe possession and custody of the migrant property which the officer has failed to do, it observed.
Taking a serious note, the NHRC has directed the J&K Government that the additional/complete report as directed by the Commission in the matter be sent latest by 31/12/2022, for further consideration of the Commission.
The Commission while reprimanding the UT Government observed that the directives have not been translated into action so far due to discriminatory approach that amounts to denial and deprivation of the legitimate right of family of the complainant. The complainant, Rajinder Premi, son of the martyr has prayed for early implementation of the SHRC judgment dated 12.2.2012 in letter and spirit, translating into action of the decisions of a high level meetings held on 19.12.2012, 22.1.2014, 14.1.2017, 12.10.2017 and 4.10.2018, immediate issuance of record notes/minutes of the meeting held on 14.1.2017 and 12.10.2017, early orders of construction of a community/cultural center at the native place of martyr in Soaf Shali, Anantnag and commemoration for literary and cultural work of the martyr by the Culture Department, J&K Art, Culture and Languages.
The Commission expressed its displeasure the way the UT Government was responding in the instant case for the reason that the State Government has failed to produce it on record its willingness to implement the decision of the DB of J&K SHRC dated 22.2.2012 unmindful of the fact that the matter is pending since 2012 and almost nine years have lapsed. The Commission also observed that the decision of the DB has not been challenged so far by the J&K Government and thus has attained finality by now.
The Commission also issued directives to the Chief Secretary, UT of J&K to submit the final /supplementary report on steps taken in furtherance of implementation of DB decision dated 22.2.2012 within four weeks.”
The Commission further observed that in the instant case, instead of complying its directions qua implementation, in toto, the recommendations of the erstwhile SHRC made in favour of the family of the complainant , the State is raising issues concerning authority/powers / functioning of the Commission and that too not in good spirit. The Commission deprecated the conduct of the UT authorities in the instant case. It is not the case that the State Government is not inclined to implement the recommendation of the DB of erstwhile SHRC but the issue is that how long the State would take to implement the same as Justice delayed is justice denied.
The Commission further observes that vide this report, a request has also been made by the State to defer the matter till the pendency /outcome of the writ petition filed by the UT of Jammu and Kashmir before High Court of J&K at Srinagar.
The Commission has considered the request and is of view that it has already been made clear in earlier proceedings that the High Court of J&K has not stayed the proceedings of this Commission which makes it abundantly clear that with regard to the implementation of the erstwhile J&K SHRC recommendation, there is no legal impediment.
The Commission while passing strictures against the UT Government observed several directions have been given by the NHRC earlier to give effect to the recommendation of erstwhile J&K SHRC dated 22.2.2012. At the cost of repetition, the Commission will appreciate if the J&K Administration realizes the pain and agony and the prolonged misery of the complainant who has not only been ousted from the home State but also suffered huge personal loss resulting him to run from pillar to post to get justice. The family had been subjected to forced ousting resulting thereby a huge harassment both from society point of view, besides personal loss. So, it is expected that the J&K administration must sanction a reasonable amount which could be sufficient to compensate their personal, physical and other losses and such compensation should be awarded in a time bound manner without any delay.
The Commission is of the opinion that to uphold the laws of protection of human rights which include the dignity, equality, life and liberty, resulting thereby it becomes an imperative on the part of the J&K Administration to uphold the Division Bench recommendation of the erstwhile J&K SHRC dated 22.2.2012 in letter and spirit without any further delay and in any case not later than six weeks from the date of the order.
The Commission further directed the J&K Police Department to issue a complete revised and rectified FIR, giving the full factual details of trespassers, looting, kidnapping etc., as despite the direction of the erstwhile J&K SHRC to handover the case to some other police officer not below the rank of DySP, nothing has happened. Therefore, it is incumbent upon the J&K Administration to initiate special investigation team to look afresh into the heinous crimes to bring the culprits to book for speedy justice to the victim.
The Commission observed that erstwhile J&K SHRC has also asked Dy Commissioner, Anantnag to ensure compensation regarding destruction of pucca tin surfaced cow shed but nothing has happened so far. J&K Administration is expected to expedite the process.
It further observed that erstwhile J&K SHRC had directed Deputy Commissioner to ascertain the factual position regarding torching of the residential houses by the miscreants but nothing was done so far. If the houses were occupied, the actual owners of the houses are entitled to have the rent which should be calculated and paid to the victim family. The State Commission had also directed the Deputy Commissioner, Anantnag to ask Tehsildar to contact the complainant so that he could pay for the transportation of the household belongings of the deceased family, which were to be transported to Jammu for handing them over to its owner. The household goods were kept under supervision of Mam Bhat. The Commission has failed to understand that why nothing has been done so far. The Commission issued directives that the same be done within six weeks from the date of the order.
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