court in north Kashmir has dismissed a revision petition filed by Army in Kunan Poshpora mass rape and torture case in 1999. The army had filed a revision petition challenging a court order directing reinvestigation in the mass rape and torture of more than 50 women at two villages of Kunan and Posphora during the intervening night of February 23 and 24 in 1991. The Sessions Court, Kupwara dismissed the revision petition of the army that sought an end to further investigations ordered in the case on June 18 2013 by Sub-judge, Judicial Magistrate, Kupwara. This was the first legal challenge by the Indian army since the crimes were committed in 1991, the counsel of victims and their families said. He alleged that rather than legally face the allegations, the army had consistently sought to intimidate and slander the survivors, and through various people and institutions obfuscated the truth. However, the Sessions Court, while dismissing the army petition as having no merit, held that ‘crime never dies’ and that a delay in investigations does not debar the investigating agency from unraveling the truth. The Court held that the Army petition had been filed only on the basis of assumptions and apprehensions and that prospective accused had no right to be heard and should only cooperate with investigations. The Court censured the Jammu and Kashmir Police for its ‘non-seriousness’ ‘casual and irresponsible manner,’ apparent from its years of delay in investigating the case and filing a final report before the court. But, the Court held as ‘significant’ that the police had sought to close the case as ‘untraced’ thereby confirming that a crime had taken place and that it was only a question of identifying the perpetrators. The survivors continue their struggle before the High Court where the petition seeks court- monitored investigations by a Special Investigation Team.
Posted on: Sun, 10 Aug 2014 07:15:52 +0000
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