SRINAGAR: Jamaat-e-Islami has expressed deep concern over the recent order of the Supreme Court of India restraining police from carrying on investigation against the army major and some low rank personnel allegedly involved in the killing of three Kashmiri youth including a young girl at Ganawpora Shopian.
In a statement, Jama’at has appealed to constitutional experts and legal luminaries of the world to take serious notice of the repercussions of this “amazing order which apparently paves the way for Indian armed forces to commit the massacre of innocent civilians under the garb of the self defence”.
“This emotionally charged judicial order may be used as a licence to commit any violation of the fundamental rights without any apprehension of being subject to even any legal inquiry or investigation,” Jama’at said. “No doubt the courts stay the execution of the death penalties in such heinous acts in the interest of justice but not the investigations.”
“This is quite a novel precedent being set up here which means that if a person in uniform kills any person at his whim, his act is immune even from being legally scrutinised. Just on the statement of the father of the accused person that his son was forced to fire on civilians while performing his duty, the accused could not be exonerated from legal proceedings against him that too by the highest palladium of justice in a country claiming to be the largest democracy of the world.”
Jama’at said by such verdicts, the concept of the fundamental rights being unassailable becomes redundant and non-est. “Now the life, liberty and honour of Kashmiri people is not at all protected but put at the mercy of the Indian armed forces which under the shade of Armed Forces Special Powers Act (AFSPA) and immunity granted by the judicial orders can go to any extent without any least apprehension of being legally accountable.”
Jama’at-e-Islami has appealed to international human rights groups to come forward and judge by themselves the grim and sordid situation being faced by Kashmiri people and also determine impartially the devastating effects of such judicial orders upon the civil liberties.