In a case of death of two persons by firing of security personals in Bandipora of J&K last year (June 2013) where an appeal was filed by Ravi Nitesh of Save Sharmila Solidarity Campaign with National Human Rights Commission, and cognizance of this incident on the appeal by organization, further asking for reports from J&K Police as well as Ministry of Defence, now the commission is inquiring in depth of this incident as inquiry is still continue and NHRC asked repeated queries for clarifying the facts. Recent queries of NHRC given in April 2014 to further clarification of the points.
Appeal was registered with the commission vide case no 251/9/0/2013-AF where the commission clarify The complainant has alleged death of two persons in Army firing in Bandipore district of Jammu & Kashmir on 30.06.2013. The Commission took cognizance on 10.07.2013 and asked the Secretary, Ministry of Defence, Government of India, New Delhi and to the Director General of Police, Jammu & Kashmir to submit a report within eight weeks. In response, Director General of Police, J&K Jammu vide letter dated 02.01.2014 informed that the enquiries got conducted into the matter and FIR No.115/2013 u/s 302 RPC P/S Sumbal regarding killing of one Irfan Ahmad Ganaie, r/o Markundal due to alleged firing by security forces during the intervening night of 29/30.06.2013 was being investigated. During the course of cite inspection, a violent mob from village Markundal and its adjacent areas equipped with lathies and stones protected against killing of the said person, pelted stones upon security forces which resulted in damage to an ambulance. Violent mob remained adamant and continuously pelted stones upon the said vehicle, due to which security forces opened fire in self defence resulting in critical injuries to one pedestrian namely Tariq Ahmad Laherwal S/o Ghulam Qadir Laherwal r/o Kondbal Ganderbal who was shifted to Sumbal Hospital where the Doctor declared him as having succumbed. In this connection, a case FIR No.116/2013 u/s 147,148, 149, 336, 427, 307 RPC was registered in PS Submal. During the course of investigation, the dead body was handed over to his legal heirs for last rites after completion of all codal formalities. Investigation further revealed that two persons namely Farooq Ahmad Malla s/o Ghulam Nabi Malla r/o Markundal and Mohammad Maqbook Sofi s/o Ghulam Mohammad r/o Sehampora Dooru Sopore also got injured in this incident. The case is still under investigation. The Director General of Police, J&K, Jammu further stated that J&K State Human Rights Commission has also taken Suo-Motu cognizance in the matter. No report has been received from the Ministry of Defence. Let the Director (G), Ministry of Defence, Government of India, Room No. 206-(II), South Block, New Delhi be asked to submit the relevant report within four weeks positively. The Director General of Police, J&K is also asked to file a report giving details of “Security Forces” involved with incident, particularly whether Army personnel were involved, and outcome of the investigation. In the meantime, the J&K State Human Rights Commission, Srinagar be requested to inform this Commission regarding the date on which the SHRC has taken cognizance in this matter.
Now, it is about to end of time limit provided by the commission in the matter and therefore further action can be taken accordingly by the commission. Save Sharmila Solidarity Campaign is continuously highlighting issues regarding state repression through AFSPA and campaigning for Repeal of AFSPA. Campaign members also wrote a letter to Home Minister and Prime Minister to take positive steps for repeal of this controversial act AFSPA as a measure of protection of human rights.