B L Saraf
The jubilation created on Supreme Court’s approval of the abrogation of Art 370 mustn’t have died down in the Governments circle, in New Delhi and ruling party elsewhere, when its fragility was exposed by two events, which occurred just a week after the verdict came out . In Poonch area of Jammu province armed terrorist ambushed Army convoy, resulting in martyrdom of half a dozen Army personnel. In subsequent combing operation, launched by the security forces to nab the culprits, a dozen of civilian were rounded up and put in custody. Later on, some of them were found dead .A case of custodial death is alleged. Few top Army officers, controlling the area, have been replaced.
The Central Government has every reason to hail the Supreme Court judgment on Art 370: nonetheless, it will be well advised to examine it from one important angle. Justice S K Koul ( Rtd) – a member of the constitutional bench which returned the verdict – has written Epilogue in his concurring judgment wherein he recommended constitution of Truth and Reconciliation Commission ” to heal the wounds and sufferings of the victims of the insurgency ” that devastated state of Jammu and Kashmir in 1990s . According to him, this may help to “achieve collective understanding of the human rights violations perpetrated by the state and non – state actors against people of the region.” Maybe, the Epilogue is not binding on the Government, nevertheless, coming from the Apex Court these words can’t be ignored or brushed aside, lightly.
Since 2021, Jammu and Kashmir is witnessing a steady reemergence of the terrorism, with Army men and other security personnel coming under deadly attacks at regular intervals. Besides, there is recurrence of the target killing . Someday a poor Kashmiri Pandit is a target and the other day a Hindu from outside becomes the victim. In summer of 2023, two senior Army personnel and a senior J & K police officer were martyred, in a terrorist attack which lasted a week, in Kokernag area of the Valley. Just a couple of days back a retired police officer of Baramula district – a Kashmiri Muslim – fell to the gun of a terrorist while he was awakening the faithful to pray in a mosque .
Security situation in J &K has not improved. There is hardly a day which passes without a terrorist attack happening somewhere in the Valley. Civilians die, as do the security men get martyred .L G Manoj Sinha, while talking to the reporters on the conclusion of a security review meeting convened by the Home Minister in New Delhi, some months back, revealed that terror incidents continue to happen, though the number has come down .Many terrorists get killed while as casualties of the security personnel are on the decline. These are matters of pure statistics which offer no clue to hold that the security scenario has changed for the better in J&K.
On 6th December 2023, the Home Minister , Amit Shah explained in the Lok Sabha how terror incidents have fallen low after BJP Government took over in2014 : more particularly, after 5th August 2019 when Art 370 was abrogated . The drop in violence, if any, will not show that normalcy has returned to the Valley, where the mainstream politicians continue to be marginalized and people complain of trust deficit between them and the state. To build real peace and then sustain it requires infusion of trust in the state – public relationship, along with a push in the developmental activities.
Most of the countrymen and some in Jammu and Kashmir had thought that once the “ghost of the Article 370 ” is exorcised the’ K’ issue will stand resolved, political turbulence will automatically abate and things will turn around in favour of peace and stability. However, to the surprise of the above the scene didn’t turn that rosy. Quite a number of Kashmir watchers and very knowledgeable feel that jury is still out to predict the implications of the abrogation of Article 370, or say that people in Kashmir expect a drastic change in the Centre-State relations. Some would even caution the Indian State to be prepared for prolonged threats – physical and political – likely to emerge in Kashmir and elsewhere in the world.
The Central Government will have to listen Justice Koul carefully , because so far as bracketing of ‘ state actors’ together with non state actors is concerned leveling allegations against Indian Army and security forces will put us back in the situation of 1990, when lot of hue and cry was raised by the so called Human rights activists against the armed forces, when their actions against the terrorist caused some collateral damage – though these actions did have a nexus with the lawful discharge of their duties . There is a likelihood that the latest Poonch episode may acquire resonance among some sections of the populace when , even for a sincere purpose and a genuine intention , the non – state and state actors stand mentioned together .
While “collective understanding of rights violation, perpetrated by state and non – state actors ‘, as observed by Justice Koul, is desirable as it comes out of sincerely bleeding heart but, at the same time, the Government must be conscious not to allow the undesirable elements to misuse the observation for their ends, which was never so intended as to undermine the credibility of the security personnel and impact their lawful discharge of duty of maintaining peace and stability.
What started in 2018 – absence of popular Government in J&K and curtailment of some basic citizenry rights – must now see an end. A popular Government backed by an elected Assembly should be in place soon. Supreme Court judgment referred above gives some hope that in 2024 J&K may have a democratic Government. It will be in the interest of the state also .At least there will be a buffer to absorb shock waves should a Poonch like situation arise again. An elected Government is best suited to assuage hurt feelings of the people and keep things under control, if situation demands so.
(The author is Former Principal District & Sessions Judge)
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