SRINAGAR: The J&K High Court has directs authorities and government forces to not harass families of militants, and to safeguard their properties.
Hearing four petitions moved by families of militants, Justice Tashi Rabstan sought response from Defence Ministry and state government on the issue of “harassing and thrashing of families of militants at the hands of government forces”.
The counsel for the petitioners, Mir Shafkat Hussain, submitted that one of the family members picking up a gun doesn’t give licence to security forces to beat and harass other innocent members of the families.
“The family cannot be victimized, their right to life and liberty is an individual right under Article 21 of the Indian Constitution,” the counsel pleaded.
“The state is the custodian of life and other individual freedoms guaranteed under chapter III of the Constitution and the state authorities are under obligation not to interfere with these freedoms or endanger life of these individuals,” Hussain submitted.
The counsel further pleaded that directions be issued for paying Rs 50 lakh compensation for “unconstitutional and illegal use of force against the petitioners.”
After hearing the counsel, the court said that, “the respondents shall not harass petitioners without following the procedure of law and shall ensure protection of their life and property.”
Justice Rabstan also issued notice to Deputy commissioner Pulwama, Deputy Inspector General of police (South Kashmir range), Senior Superintendent of police (SSP) Pulwama, Superintendent of Police (SP) Awantipora, In-charge special operations group of J&K police in Tral, Pulwama, In-charge special operations group of police in Aribal Pulwama, In-charge police station Tral, In-charge of army’s 56 post office and commanding officer of army’s 42 Rashtriya Rifles camp in Tral for their response.