Excelsior Correspondent
NEW DELHI/ SRINAGAR, July 10: Union Minister Venkaiah Naidu today outrightly rejected the Jammu and Kashmir Human Rights panel’s directive for providing Rs 10 lakh compensation to Farooq Ahmad Dar, who was used as a “human shield” by the Army during a by-poll in the State.
There is no question of giving compensation to stone pelters, he said.
Naidu said Major Leetul Gogoi, who tied Dar to a jeep to ward off stone pelters during the by-poll in April this year, saved lives of Election Commission officials and police personnel, and the entire country “appreciates” that.
“I do not agree with them. Pelting stones is inhuman, hurting Army personnel is also inhuman. I do not know how this order has been given. We are not in agreement with their attitude.
“There is no question of giving compensation to people who pelt stones. I have no sympathies for such people,” Naidu said at the sidelines of an event.
Stone pelting is being done at the behest of “people from outside” which has been exposed by a sting operation by some TV channels”, the Minister for Information and Broadcasting said.
Earlier in the day, the State Human Rights Commission (SHRC) today directed the Government to pay a compensation of Rs 10 lakh to Farooq Ahmad Dar, a resident of Budgam district who was used as “human shield” by the Army during Srinagar Lok Sabha bye-election in April this year.
SHRC chairperson, Justice (retired) Bilal Nazki, in a judgement issued here, said: “I have no doubt in my mind that Farooq Ahmad was subjected to torture and humiliation, besides (being) wrongly confined”. The SHRC said that the compensation awarded to Dar was for the “humiliation, physical and psychiatric torture, stress, wrongful restraint and confinement that he underwent when he was tied to the bonnet of an Army vehicle to ward off stone pelters,”
The SHRC observed that the action led to trauma, resulting in psychiatric stress “which may remain with him for the rest of his life”. “For the humiliation, physical and psychiatric torture, stress, wrongful restraint and confinement, the Commission thinks it appropriate to direct the State Government to pay a compensation of Rs 10 lakh to the victim,” the SHRC said.
The Commission directed the Government to comply with the direction within six weeks. The judgment is recommendatory in nature and would need the approval of the J&K Government for implementation. “The Chief Secretary of the State shall file a compliance report before the Commission within the same period,” the ruling read.
The judgment came on an application moved by International Forum for Justice and Protection of Human Rights chairman Ahsan Antoo. The SHRC chairperson said the police in its report had said Dar was tied to the Army vehicle bonnet and used as a human shield, but observed that the Commission was “handicapped” by the fact that it could not refer to the conduct of the Army because of the limited applicability of the Protection of Human Rights Act, 1993.
“There cannot be any debate as to whether the treatment given to Dar was a violation of human rights or not. There are laws in this country, and international laws, which prohibit such a treatment even to a convict. Such treatment to a human being cannot be accepted by a civilised society,” he said.
The Commission, however, was “handicapped” by the fact that it could not go into the conduct of the Army who are allegedly responsible for the incident according to Dar as well as the State police, he said. The SHRC chairperson said that in view of the police report, Dar has been subjected to human rights violations and, therefore, the State Government could not escape from the responsibility.
“This Commission chose not to issue any notice to the Central Government or the armed forces, but the fact remains that the protection of life and liberty of the people is basic responsibility of the State Government,” the judgement read.
Justice Nazki observed: “Even if the State Government sought the assistance of Central forces to deal with the law and order situation, the responsibility of the State Government to protect its citizens and their rights cannot be diluted or abdicated.”
He, however, said that since the SHRC was not able to go into question of the Army’s responsibility, “the Commission clarified that any observation made in this order should not be taken as an expression of any opinion regarding the alleged involvement of officers of the Indian Army, he said.
Pertinently, Farooq Dar was tied to a jeep by Major Leetul Gogoi of 53 Rashtriya Rifles, as a shield against the stone pelters on April 9 when Srinagar Lok Sabha constituency went for by-poll which, however, was marred by large-scale violence and killings. Shortly after the incident, Major Gogoi was honoured with a commendation card by the Army chief for “his sustained efforts in counter-insurgency operations”. Major Gogoi was strongly defended by Army and Union Government for his act of tying Dar to jeep despite widespread criticism.
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