HC asks government to furnish reasons for not making report public

HC asks government to furnish reasons for not making report public
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Koul commission probe on 2010 killings

SRINAGAR: The High Court on Wednesday directed the state government to file response within two to three weeks regarding a PIL seeking report on killings of 2010 agitation that was triggered by protests against staged killing of four Kashmiri youngsters in Machhil sector of north Kashmir.
The court on previous hearing had asked the state to come up with compliance report regarding the plea that sought making public the contents and recommendations of Koul Commission’s report on 2010 killings. The Commission had already submitted the report to the state government in December last year.
The Public Interest Litigation or PIL was filed by a social organization, Jammu & Kashmir Peoples’ Forum, through its general secretary MM Shuja seeking directions for making public the findings of the Koul Commission in 2010 unrest killings. More than 120 civilians, mostly protesters and bystanders were shot dead and hundreds were wounded by the government forces during a sustained campaign to quell pro-freedom protests across the Kashmir Valley.
Hearing the PIL, a division bench of Chief Justice Badar Durrez Ahmad and Justice Ali Muhammad Magrey remarked that it was is imperative for the state to come up with valid response regarding the killings which took place in 2010 and file a compliance report regarding it within two-three weeks time.
The counsels Shafkat Nazir and Nadeem Qadri had pleaded before court that the government has so far neither made the report public nor disclosed as to what action it has taken or it contemplates to take to mitigate the sufferings of the victims.
“The society carries an impression that constitution of such commission is an exercise in futility and such impression is not only detrimental to the peace and security in the State but also speaks volumes about the transparency and accountability of the system and of those who manage it”.
“Had the Commission finalized the proceedings and recommendations on time and had the Government acted upon such recommendations, it was quite possible that the unrest of 2016 could have been averted. The inordinate delay on the part of respondent State in dealing with the report of the Commission is likely to aggregate the public anger further and in fact the situation in the year 2017 has already deteriorated,” it said.
Constituted under the J & K Commission of Enquiry Act, 1962, the government had set up the one man commission headed by Justice (retd) ML Koul to probe the 2010 killings.
As per reports, the Commission in its findings has indicted the government forces for opening fire on demonstrators without magisterial orders and use of disproportionate force on protesters. It has also recommended a CBI probe into the killing of Tufail Matoo and registration of a murder case against police personnel involved in torturing to death a youngster Umar Qayoom in Soura area of Srinagar.
Meanwhile in the court of Justice MK Hanjura, the state was directed to file a challan against DySP Noor-ul- Hassan at a trial court in Srinagar. Hasan is accused in killing of two civilians at Anantnag during 2010 agitation. It was also directed that the trial court will decide whether the section to be imposed against him will be 302 or 307.

 

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