Jammu & Kashmir HC stays re-investigation into Kunan-Poshpora mass rape case SRINAGAR, Jan 16: The High Court Thursday stayed investigations in the Kunan Poshpora mass rape and torture case. Justice Tashi Rabstan, the vacation judge in the Jammu and Kashmir High Court, Srinagar, in a petition filed by the Indian army ordered a stay on ongoing investigations in the matter. According to Jammu and Kashmir Coalition of Civil Societies (JKCCS), “The court has stayed the investigations in the matter without hearing the survivors who were party to the orders in the lower courts for further investigations.” The JKCCS has alleged that the army by filing its petition before the vacation judge, five months after the Sessions Court order of 8 August 2014 [that affirmed the Sub-judicial magistrate, Kupwara order of 18 June 2013 for further investigations], “has clearly sought to use the judiciary to shield itself.” In a statement issued here, the JKCCS has said: “First, there is no reason why this petition could not have been filed during the earlier session of the High Court. Second, the Indian army is already a party to the petition that the survivors filed in the High Court seeking court-monitored investigations.” Since the petition is being heard by a division bench of the High Court that has treated the petition as a PIL, the JKCCS has said: “The Indian army has sought to extract a stay on investigations from a vacation judge despite the division bench already having passed orders including on status of investigations in the case.” Pertinently, the Government of Jammu and Kashmir has also approached the Supreme Court against the High Court orders directing payment of compensation. “This move to the Supreme Court followed a dramatic change of position by the government that had earlier agreed to pay compensation. This change of position, seen in light of the Indian army petition seeking stay of investigations, suggests that the Indian army is doing all it can to ensure that there is impunity for its personnel,” said the coalition of civil societies. It may be recalled that on December 29, 2014 the High Court had asked state government to file status report on investigations in 1991-Kunan Poshpora mass rape case by the third week of February. The matter was listed for arguments on maintainability in the third week of February. The army through assistant solicitor general representing union of India had also informed the court that it is cooperating with the police in its investigations into the matter. On November 11, 2014 the Court had granted three weeks to new Investigating Officer in 1991-Kunan Poshpora mass rape case to file a status report indicating the time required for completion of investigations. On October 18, 2014 the Court had granted four weeks to the state government to pay compensation to the survivors of the Kunan-Poshpora mass rape incident. However, the state home department today said that it has sought sanction or the same from the Law Department. According to Parvez Imroze, counsel for the victims of mass rape incident, the Union of India relying on Wajahat Habibullah and BG Verghese reports stated that they carried out “unbiased and fair investigations”. “UOI labeled 50 women activists/petitioners who filed the PIL in 2013 as mala fide and suspicious and state that they deserve to be taken note of by the court. UOI also maligns victims by accusing them of being greedy for compensation,” the coalition of civil societies an NGO following the matter said in a handout issued to press. “The Indian army was not cooperating with the investigations under the pretext of the revision petition filed by them. But despite the dismissal of the revision petition on August 8, there is still no headway in the investigations,” advocate Imroz had said. Further, it was submitted that the government couldn’t limit the amount of ‘compensation’ (Rs 200,000 as suggested by the government) or the number of persons who would be benefited by it. In 2007, some victims of the mass rape knocked the SHRC, and the Commission in 2012 recommended re-investigation, payment of Rs 2 lakh as ex-gratia to victims and action against then Director Prosecution for closing the case in 1991 as untraced. Advocate Imroz had also sought constitution of fresh Special Investigation Team, submitting that there was no progress as far as the present investigation in the case was concerned. By carrying out no meaningful investigations, Imroz had said, the government “continues its attempts to protect the perpetrators”.
Posted on: Fri, 16 Jan 2015 07:35:37 +0000
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