Say only judicial probe can deliver justice
Srinagar: Terming the recent Hyderpora shootout “a worst ever tragedy”, a group of concerned citizens has petitioned Lieutenant Governor, Manoj Sinha pleading that only a judicial probe can deliver justice in the case.
A group of four prominent persons including Social Activist and Commentator, Ahmed Ayaz, Advocate, Irfan Hafiz Lone, Social Activist and Political Analyst, Iftikhar Misger and journalist Majid Hyderi, all based in Kashmir in a letter to the Lieutenant Governor said: “On November 15, Kashmir witnessed one of the worst-ever tragedies –the Hyderpora shootout in Srinagar. The heart wrenching incident saw even orphaned minors including an infant seeking justice. As per the bereaved families, three of slain persons were innocents, murdered in cold blood.”
“The version of the bereaved families, coupled with circumstantial evidence, which first led to hurried-and-secret burial followed by exhumation, consolidated into prime facie, which the bereaved say, suggests that the encounter was staged,” the petition added.
The concerned citizens said: “Amid self-satisfying claims about the shootout, the police had constituted a Special Investigation Team to probe allegations against police itself. Subsequently in the wake of public outcry, your worthy self ordered a magisterial probe. But Sir, given the fact that magisterial probes in such cases in the past have largely proved a customary gesture, there’s more than humanitarian need to take this case to a logical conclusion.”
The petition also questions the magisterial probe stating that in the prevalent circumstances a government servant won’t be able to do justice. “A government servant of the cadre of Additional District Magistrate is subordinate to superiors. And in the given circumstances, it amounts to be a judge in its own case, which goes against the spirit of law -here a subordinate is being asked to do justice between his superiors and aspirations of common people. Moreover, at a time when the Government is recommending cases under Article 311(2)(c) of the Constitution of India for dismissal of government services, any official will think twice before proceeding, if needed, against state actors in such a case,” the petition said.
“And then, if the government has nothing to hide, why should it shy away from a judicial probe by sitting or retired judges of the Honorable Supreme Court or High Court? Nevertheless, the law observes that justice should not only be delivered but should be visibly done. That your august self has been holding a series titled Awaam Ki Awaaz, this time the awaam unanimously demands the much-needed judicial probe,” it added.
The petition concludes the plea stating that: “To deliver justice in the true spirit, we hope that the judicial probe is ordered in accordance with the aspirations of the people so that it serves as a deterrent and ensures protection of life of every human being.”