Srinagar: Hurriyat Conference headed by Mirwaiz Umar Farooq on Saturday filed a petition before National Human Rights Commission, seeking arrest and dismissal of paramilitary personnel for their involvement in the killing of a teenager Suhail Ahmad Sofi and injuring two others at Narbal in city outskirts.
“The unfortunate part of the incident is that government forces once again have miserably failed to adhere to the Standard Operational Procedure (SOP) and have resorted to firing directly at the vital parts of the victims,” reads the petition, filed by amalgam’s legal cell in-charge Abdul Manan Bukhari.
He said that killing was third incident where an unarmed civilian has been killed in Valley this year.
The two others incident, he said, are killing of Farooq Ahmad Bhat at Palhalan on February 9 and Mohammad Khalid Wani , who was killed at Tral-e-Payeen at the hands of forces.
“In order to disperse unlawful assembly, there is the set procedure and can be dispersed either by the SHO concerned or under the requisition of high rank of Executive Magistrate and at the most, the persons who from part of unlawful assembly, shall be detained or arrested and as little force is to be used as police could,” Bukhari said.
He said the men in uniform must know one of the legal maxims—ignorance of fact is excusable but ignorance of law is inexcusable.
“As such it’s crystal clear that these men in uniform killed innocent person civilian, on the other hand they can’t claim that they were not aware of the consequences of their omissions and commissions,” he said and demanded that they deserve to be punished according to law irrespective of their status and position.
He said “although it appears that an FIR has been registered under section 302 of Ranbir Penal Code, there is a set procedure that parallel proceedings can be initiated simultaneously.”
Bukhari also seeks direction to Deputy Commissioner Budgam from NHRC, asking him to show cause as to why the commission shall not proceed against him for the lapses.
He said the DC was required to keep an eye on the unfortunate incident, as there has been no requisition for dispersing unlawful assembly by 1st Class Executive Magistrate.
“That the CRPF Personnel who are involved in the killing of Suhail Ahmad Sofi and injuring others may be prosecuted in a civilian court and no immunity from prosecution should be provided under the grab of AFSPA which provides armed forces with sweeping powers and virtual immunity from prosecution as the state government has to seek central governments permission to prosecute them and this permission is almost never given.”