J&K www.humanrightsjournal.

com

HUMAN RIGHTS
Perspective
Vol. 9—No. 2 Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective March-April, 2011

Assassination of Maulana Showkat Ali

M
aulana Showkat Ahmad Shah,
President of Ahl-e-Hadees, was
assassinated on April 8, as he
was entering the mosque to address
Friday prayers. He was a religious leader
of Kashmir, moderate and popular. Two
earlier bids on his life were unsuccessful.
Obviously it was a political murder.
This is not the first political murder
during the past two decades of the
insurgency. But the protest this time is
much more pronounced. An all party
committee has been formed to find out
who is responsible for the crime. It has
offered to cooperate with the official enquiry.
Earlier, dissenters used to be killed
after which opposition, of whatever kind,
would be silenced. Sajad Lone has recently
revealed that after the killing of his father,
he, in a fit of anger, threatened to identify the
culprits. His mother entreated with him,
with tears in her eyes, to keep quiet. "I have
lost my husband, I do not want to lose my
son," she begged.
I have been raising my humble voice
against killing innocents. After the outbreak
of militancy I was the first person from
outside the Kashmir Valley to visit it, and
met almost all victims of Human Rights
violations or the bereaved families. The
militants who had captured nearby
mosque, where I was staying, started
calling me on mike. When I returned at 9
p.m., I heard "we have been calling you see
since morning, we are still waiting."
I visited the mosque, despite warning
by the security forces. The militants told me
that the only thing they knew about me was
that I was a friend of Kashmiris. As such,
they sought my advice. Since that was no
time for a political speech, I merely
requested them to avoid killing of unarmed
innocent civilians. On several occasions,
they released, on my appeal, some
innocents whom they had taken as
hostages. I could not prevent mass exodus
of Kashmir Pandits, as other factors, more
powerful then me intervened.
Innocent Killings
This situation did not last long as the
movement passed on from Kashmiri
nationalists to religious fundamentalists,
who started targeting non-Muslim
communities directly.
Some of the glaring cases of massacres
of non-Muslims, where the death toll
exceeded 20, included that of virtually the
whole Kashmiri Pandit population (23 out
of 24), which had not migrated, in
The hallmark of a
healthy society is that it
tolerates dissent. The one
which does not is not
worth living in.
Wandhama in Ganderbal area, near
Srinagar, on 25 January 1998. Other such
killings were of 12 children in Mahore
tehsil of Udhampur district; 25 Hindus of a
marriage party at Champari near Doda on
19 June 1998; 25 Sikhs in Chhatisinghpora
village of Anantnag on 21 March 2000; 20
in Kishtwar on 22 July 2001; 100 in militant
strikes against Hindus in various parts of
state on 1 August 2000, supposedly to
sabotage the move for ceasefire between
Hizbul Mujahideen and the government of
India by rival groups; 34 people and 47
injured in Kaluchak near Jammu city on 4
May 2002; 25 in a militant strike at Rajiv
Nagar in another suburb of Jammu city on
13 July 2002; 24 Kashmiri Pandits gunned
down in Nadimarg in Pulwama district on
25 March 2003, and 31 Hindu civilians
massacred in the Doda and Udhampur
districts of the Jammu region on 1 June
2006.
In all such cases, the only crime of the
persons targeted was that they were either
Hindus or Sikhs. Other incidents in which
the death toll was less then 20 were often
more brutal and, in many instances, more
provocative. These include two attacks on
Raghunath temple, the largest Hindu
temple in the State located in the heart of
Jammu city-first on 20 March 2002, killing
eight persons, and on 25 November 2002,
killing ten.
Another provocative act was the fidayeen
attack on the State assembly on 1 October
2001, in which 31 persons, both Hindu
and Muslims, died.
Muslims, suspected of being informers
(of the security forces) as well as members
of mainstream political parties or their
relatives, were also targeted. Fifteen
members of civic bodies (or their relatives),
in the May 2005 elections, were killed in the
Kashmir Valley. Unintended killings of
civilians also happened due to grenade
attacks by the militants that missed the
targets (army post or conveys), and killed
innocent passers-by. Two incidents that
caused widespread protest in and outside
the State were the grenade attack near
Tyndale Bisco School in Amirakadal,
Srinagar, and one near a school building
in Pulwama on 12 May and 12 June 2005.
In the latter case, 16 people were killed and
over 100 injured.
Revolution Eating its Children?
Like every other violent revolution, one
in Kashmir started eating its own children.
The first prominent casualty was Mirwaiz
Maulvi Farooq, the father of the present
(Contd. on page 6)

For Urgent Attention of Our Readers

From now on, we will be publishing limited hard copies of the J&K Human Rights Perspective. Kindly
let us know whether you will like to receive it on email, which is quicker and surer way of getting it,
or continue receiving it by post. If the former, please send your email address to:
balraj_puri1@rediffmail.com or institute.jk.affairs@gmail.com

ONE
 March-April, 2011
Jammu — A Land of Refugees
R
efugees living in Jammu are a much
neglected lot. Hardly much is known
about how many of them are there,
what are their categories, what are their
respective problems and possible redressal.
Refugees came to Jammu in different
phases. The largest number, of course, came
in 1947 during the Partition riots, as
elsewhere in the country. They came from
what is now the Pakistan administered part
of the State, after it was occupied by the
tribal raiders from Pakistan. Hindus and Sikhs,
who could save themselves, migrated to the
Indian side of the State.
In 1947 itself, refugees came from West
Punjab, after it became part of Pakistan, as
well. But they faced different set of problems.
Next phase of refugees came after the
Indo-Pak war of 1965. As the ceasefire line
was rationalized, and called the Line of
Control, some areas which were part of India
were transferred to Pakistan in Jammu region.
Hindus and Sikhs, mostly from Chhamb, had
to migrate from there, to the Indian side of
LoC.
Similarly, some population was disturbed
in the border areas during the 1971 war and
the skirmishes, thereafter. People were
asked to vacate their land as the army started
fencing the border.
Next, the vocal and educated community
of Kashmiri Pandits had to migrate, almost
enmasse, from the Valley when the local
militancy assumed the form of mass
insurgency in Kashmir.
Finally, refugees started coming from
militancy affected parts of Jammu region.
Problems faced and possible remedies
Let us take each category one by one
and deal with their specific problems.
Officially 42,000 families of 1947 refugees
from Pak-administered part were registered.
Their number has, obviously, multiplied. They
are state subjects like any other class of
citizens. But unlike refugees in Punjab and
other parts of India, their claims of properties
left behind were not registered and they
received no compensation on the specious
plea that PAK was legally a part of India, and
they would be rehabilitated in their homes
when it would be liberated. The State
Constitution, in fact, has reserved 25 seats
in the State assembly for that area. Some
adhoc relief packages were given to them
but no plan is in sight for their permanent
settlement.
Some of them, belonging to rural areas
have been settled temporarily on the land of
Muslim evacuees. Under the Evacuee
Property Act, the evacuees who return could
claim their property. But the limitation period
TWO
is 12 years. As this period is long over, no
such claim can be entertained any more. Also,
most of the evacuees have acquired Pakistan
citizenship, hence are no more entitled to be
state subjects.
Indeed, I once suggested to Sheikh
Abdullah, and he accepted in principle, that
all the evacuee property should be sold off
and the price thus received be deposited in
the bank in the name of the evacuees, which
may be given to them if, and when, final
decision is taken on the whole issue. This
would safeguard their rights in a far better
way than the present arrangement. The lands
then acquired could be used for permanent
rehabilitation of the rural refugees. Somehow
this proposal could not be implemented when
he returned to power.
As far as registering the claims of
refugees from the West Pakistan are
concerned, there is absolutely no justification
Jammu has multiple sets
of refugees, each with
distinct set of problems,
which need to be dealt
with separately.
for treating them differently than refugees
from Pakistan, settled elsewhere in India.
Whether they should be given permanent
citizen rights can be decided when things
settle.
It may, however, be mentioned that total
number of their families was just 3000 at that
time, and they are all Scheduled Castes. Even
if an allowance was made for increase in
their number, it is too insignificant to affect
the demographic composition of the State. I
remember when some of their
representatives raised the issue at a
convention of the National Conference at
Bishnah under my presidentship, Sheikh
Abdullah replied that it was a humanitarian
issue and should be considered
sympathetically. Despairingly, if it could not
be resolved during his time, the men at the
helm now can hardly be expected to do it.
As far as refugees from Chhamb, who
migrated after 1965 Indo-Pak war, are
concerned, the government registered only
those who sought shelter in government
camps and gave them some ad hoc relief.
But those who stayed with their relatives, or
got employment, were not registered. I had
to carry on a protracted struggle with the
Government of India and the National Human
Rights Commission against this unjust and
irrational distinction, and eventually
succeeded in getting it removed. But like
other refugees, the Chhamb refugees are
struggling for their permanent settlement.
Coming to the migration from the border
during 1971 war, and after army started
mining the border, according to a statement
of the Jammu Divisional Commissioner, their
number totalled 1.50 lakh. Even if they go
back, they cannot enter the mined areas, and
an area of 16,000 acres of land occupied by
the army. They should not be expected to
wait till Indo-Pak relations become completely
normal.
Finally, while the case of Kashmiri Pandit
migrants with 33,000 registered families is
widely debated, the case of 1600 Muslim and
1656 Sikh registered families who had to
migrate from Kashmir Valley in 1990 due to
insecurity has been completely ignored. The
Muslim migrants felt threatened on account
of their political beliefs. They are not vocal in
raising their problems as they apprehend
reprisals for their relatives left behind.
While problem of Kashmiri Pandits
migrants has been highlighted at international
fora, the plight of migrants from militancy
affected areas of Jammu has not been
noticed at all. They, too, deserve to be heard.
The problem of Kashmiri Pandits is vital in
many respects. Apart from Pandits, it is the
problem of Kashmiri Muslims as well, for their
Kashmiri identity is incomplete without the
former. More than the government, it is the
responsibility of the Muslim leaders to start a
dialogue with Pandits and create a sense of
security among them. On the whole, Muslims
of Kashmir are now quite friendly to them.
Last year, over 40,000 Pandits had joined
the pilgrimage to Khir Bhawani which was a
record number. They have very fond
memories of warm reception received from
local Muslims.
Same is the experience of the Pandits,
who recently got jobs in Kashmir. The
Government of India has announced creation
of 6000 jobs for them, out of which 3000 will
be paid by the Central government, and for
the rest the State government will bear the
expenses. 1700 persons have already joined
their jobs. Though the government has built
transit houses for them to stay, most of them
have reported to prefer staying with local
Muslim families.
A conscious efforts needs to be made by
leaders of the two communities to consolidate
the current mood through regular interactions.
ll
J&K HUMAN RIGHTS Perspective
 March-April, 2011
State Human Rights Commission
Annual Report 2009-10
T
he Commission has been during
the period under review/report
without the services of three
members. Mr. Bhat retired as a member
of the Commission on 28.2.2009. Mr.
B.N. Tingloo, another member, retired
on 19.09.2009. Mr A.R. Khan was
appointed as member of Commission
on 24.11.2008. Presently, as per
provisions of the Section 3 of the Act,
besides the Chairperson, Commission
consists of 4 members. As would be
seen, the Commission has worked and
is working with depleted strength of two
during the period under report. The often
repeated requests, D.O.'s /Sos for
appointment of Commission members
have yielded so far no results.
In terms of Section 11 of the Act, the
Government is to make available to the
Commission, among others, such
police and investigative staff headed by
an officer not below the rank of the
Inspector General of Police as may be
necessary for efficient performance and
functioning of the Commission.
However, the investigating team has
been without services of an Inspector
General of Police through out this period.
No IGP is posted in the Commission.
Even the police personnel to be part of
investigative staff is not posted in full
strength. The Commission has also
reviewed the depleted staff strength and
difficulties faced thereto in the meetings
of the Commission and in the meetings
at various levels with Law Department
and other officials, followed by that
matter being appropriately taken up with
Government.
Confronted with delay, inconvenience
and enormous expenses involved in
handling and disposal of the pending
cases, the Commission on its part out
reached the far off segments of the
society in Poonch, Rajouri, Kishtwar,
Doda, Udhampur and Kathua of the
Jammu Division by activating the
Commission's Sub Office at Jammu.
Every month, weekly or by-weekly
sittings are arranged at Jammu of the
Chairperson/Member of the
Commission to take up the cases of the
Jammu Division. All the cases
pertaining to Jammu Division are
transferred and taken up regularly at
Jammu only after keeping in view the
convenience of the people, and
THREE
economizing the expenses to be
incurred by the parties and to promote
humane and just approach in the Human
Rights matters. For the purpose, right
from time of the Governor's Rule and
thereafter, when popular Government
was installed, proposals were mooted
and moved to make the Human Rights
Commission a "Move Office" like
Accountability Commission, Backward
Areas Commission and other
Commissions. The proposed
Amendment/proposal are pending with
the Government regarding the
suggested amendments to J&K
protection of Human Rights Act and to
meet the infrastructural, financial,
administrative, logistic and others
needs of J&K Human Rights
Commission.
During the current year 2009-2010,
476 complaints were received by the
Commission, whereas 249 cases were
disposed of during the year. The
Commission took within its means all
possible effective steps to expedite the
disposal of the cases. The data for
institution and disposal is so complied
as to make it convenient to those
interested to find for themselves the
nature of cases with type and class of
cases and the origin of such cases
division-wise and district-wise. The
figures inter-alia as to rape,
disappearance, custodial deaths,
compensation and launching of
prosecution etc. are naked to eye with
trend in up-swing/down-swing of such
like cases and complaint handling
mechanism of the Commission.
The all important questions of
inclusion of the Human Rights as part
of curriculum/syllabus at primary,
secondary and graduation levels, in
educational institutions have been taken
up with the Government for reasons
spelt out in the D.O's/communications
of the Commission, addressed to Chief
Minister, Education Minister, Law
Minister and other authorities/
dignitaries of the Government. Similarly,
to sanitize the police and make it 'rights-
friendly' matters are taken up with the
Government at the highest level. D.O's
and other communications have been
addressed on the subject. The matter
to our information is pending with the
Government. The present scenario on
law and other front commonly referred
as problems of and connected with
stone throwers is in a sense and to a
measure/ascribable to indifference/not
so astute attitude/to human rights
awareness and lack of sensitizing
police to inculcate culture and sprit of
observing human rights.
The recommendation of the
Commission are based on receiving
evidence, parole and documentary, and
on examination of documents/material
with the assistance of the parties in due
course of law when parties have had
full opportunity to put their point/case
before the Commission. The
recommendations made by the
Commission are in some cases for the
most part either not followed or declined
to be complied with on flimsy grounds
and that too on the report filed by a
Patwari or any other official of the
Revenue agency or at the instance and
report of a constable. Instances have
been coming to the notice of the
Commission with IGP's and DGP's
reports are contradicted by a constable
at the base level. At base some
screening level committee usually
comprising of Tehsildar or his Naib,
Patwari, Sub Inspector of Police either
negate or hold back (often indefinitely)
the recommendations of the
Commission. After all the Executive
Officer heading a District or for that
matter of Divisional Cadre or his named
District level officers body (for the most
part A.C. Tehsildar, Patwari, Sub
Inspector or Inspector of Police) cannot
for all practical purposes upset
recommendation of the Commission
under assumed non-existent overriding
powers. The officer/body gives an
impression as if it is exercising
appellate/revisionaly or Supervisory
powers. Taking such arbitrary action(s)
in disguise is but bound to be a source
of injustice, discrimination and
unfairness. Such a course breeds
breeds despicable interference
favouring one over another and that too
on an influential person's ispe-dixit
devoid of merit. The proposed
amendments are also with a view to
remedy the situation and plug the
loopholes and is a response in this
behalf of the Commission.
ll
J&K HUMAN RIGHTS Perspective
 March-April, 2011
HUMAN RIGHTS UPDATE
Incidents of human rights violations given below are such specimen in which victims
are innocent civilians, whosoever be responsible for the violations.
SHRC toothless, now from horse's mouth
Chairperson calls for
amendment in J&K HR Act
Jammu, Apr 6: Is Jammu and Kashmir State
Human Rights Commission (J&K SHRC) an
autonomous body? The answer is an emphatic
No.
Interestingly, this time this assertion has
come from none other than the Chairperson
J&K SHRC himself. "Though the provisions of
the J&K Protection of Human Rights Act at first
sight give an impression that Human Rights
Commission is autonomous but on a closer
examination, the Act is not so," observes J&K
SHRC Chairperson Syed Bashir-ud-Din in the
annual report of J&K SHRC for the Year 2009-
10.
How? The answer to this seemingly straight
yet very tricky question is a bit prickly as he
explains in an Overview of the Commission's
functioning.
"Without meaning to cast shadow on the
bonafides of the legislature in proclaiming
autonomous character of the Commission to
safeguard, protect, spread and promote human
rights within the State, the provisions of the
Act and rules in practice have not yielded
desired results and in many hard cases,
realisation of human rights to life, liberty,
opportunity and dignity has remained illusory
and even public servants found negligent in
preventing violations of such rights have not
been made accountable for their omissions
and commissions."
"Over a period of time, non-accountability,
combined with lax attitude, in absence of
exercise of due control and monitoring, has
given currency to widespread impressions
that due consideration of the Commission's
recommendations interim or final, howsoever
weighty, may be are in practice not meant for
compliance/implementation, rather for the
officials' convenience to provide a comfort
zone for such officials to maintain calculated
silence," observes the Chairperson.
He points out that to make the Act effective
and purpose-oriented, besides to serve the
very purpose of its enactment, it is expedient
that the Act be amended. "It is so to bring it in
tune with the times. Amendment(s) are
imperative if the State Human Rights
Commission is to play effective role to prevent
violations of Human Rights or abetment thereof,
to bring to justice the public servants who are
negligent in preventing violations of Human
Rights literacy and to promote and prevent the
violations.
The suggested amendments (which as
FOUR
per the report have already been suggested
and addressed to all concerned on the
government side by Chairperson) include ones
to sections 3, 4 and 6 regarding appointment
of Members, fixing of the term of the
Chairperson at par with the provisions of
Central Human Rights Act 1993, making the
Headquarter of the J&K Commission both at
Srinagar and Jammu, rather than keep its
headquarter only at Srinagar.
Yet another very important rather crucial
amendment is suggested in case of Section
12, regarding the failure of the public authority
to initiate action and complete the follow up
report and intimate the action taken to the
Commission within stipulated prescribed time
period needs to be made compulsory and the
concerned officer may be subjected to fine
and disciplinary action.
The Chairperson maintained that to
strengthen the provision of Section 12 of the
Act, J&K Protection Rules 1999 may be suitably
amended to provide nodal officer/authority to
effectively stall the attempts mostly for no
good reasons to buy time and kill time bound
recommended action and in the final analysis
simply forget the matter.
According to him, the Section 22 of the Act
which provides for making available funds to
the Commission as grants needs to be adhered
to and the practice of providing budget to the
Commission instead of grants needs to be
stopped. The provision of law needs to be
followed in letter and spirit. Section 22 needs
to be explicitly clarified so that the words/
language used provided for full range of
powers to the Commission to expend funds
rather than to be controlled with financial
strings by the government through Finance
and Law departments. After all laws are
meant for public and to serve public cause-in
this case, to prevent violation/protection and
promotion of Human Rights.
The Chairperson feels that either Section
28 of the Act needs to be amended or rules to
be framed to give the Commission and him (the
Chairperson) full range of powers and say on
questions of appointments/transfer/
disciplining of the Commission staff. Unless
the staff is under over all administrative control
of the Commission, the desired results cannot
be achieved. An appropriate amendment is
urgently needed to be carried in the parent Act
(including its Section 28).
(Kashmir Times, April 7)
4 women, 6-yr girl
among 20 murdered
in 10 weeks
Srinagar, April 24: Murder of at least twenty
persons including Moulana Showkat Shah in
just ten weeks has instilled a wave of fear
across Kashmir. Even though Kashmir Police
claims to have solved Moulana Shokwat's
murder case, the killing of fifteen others
including two sisters at Sopore and a six-
year-old girl is seen as a worrying trend that
is haunting Valley. Police fears emergence of
'organized criminal modules' most of which
rely on pro-government gunmen.
Since January 2011, at least sixteen people
have been killed across Kashmir. The victims
include a six-year-old girl whose throat was
slit. "Every incident has a different twist and
in most of the cases criminals are hired to plot
murder over issues ranging from domestic
feuds to business rivalries," a top police
official told Rising Kashmir.
Police high-ups also suspect militants, who,
police sources said, are trying to sabotage
Panchayat polls. But Chief Minister Omar
Abdullah and Inspector General Police S M
Sahai dismissed reports suggesting a woman
candidate for panchayat poll in Budgam was
killed for her decision to contest elections.
Police sources disclosed that the murder
of a contractor in Kreeri, Pattan, was cause
of business rivalry. "The persons who
attempted to murder an engineer of Durhama,
Kreeri were hired by none other than victim's
wife over personal differences," sources
said adding that it seemed criminals were
taking undue advantage of the present
situation in Valley and had set up 'professional
criminal modules' like in other parts of India.
But the big question is wherefrom do these
criminals get the sophisticated weapons?
"In most of the extortion cases or killings
Chinese pistols are used as was observed in
two incidents of crime in Kreeri. There are
also old weapons of former militants. Militants
who surrendered in 1990 may have hidden
their weapons. Either they have becomes
criminals and are killing for ransom or these
weapons have found way into the hands of
criminals. Government gunmen too have
weapons," said the police official.
In the murder case of six-year-old Asra of
Kupwara, police attributes it to 'business
rivalry' since her father was a contractor with
Rural Development Department. Meanwhile,
locals said the girl's father had intentions to
fight the forthcoming Panchayat polls.
IGP (Kashmir), S M Sahai said police is
trying its best to safeguard people. "All the
killings would be investigated," he said.
(Rising Kashmir, April 25)
(Contd. on page 5)
J&K HUMAN RIGHTS Perspective
 March-April, 2011
Human Rights Update...
(Contd. from page 4)
Police say Hizb men
behind Tral Murder
Srinagar, March 31: Police on Thursday
claimed involvement of three Hizbul Mujahidin
militants in the killing of National Conference
activist in South Kashmir's Pulwama district.
Speaking to Rising Kashmir Superintendent
of Police Pulwama, Irhsad Ahmad said the
three militants barged into the house of Ghulam
Mohiuddin Bhat and killed him from point blank
range.
"The three Hizb militants are from South
Kashmir and are active in the township. We
learnt from our preliminary investigations that
they are involved in the killing of the contractor,"
Irshad Ahmad said.
The SP identified the militants as Sajad
Ahmad alias Bale Bale of Pingush, Shabir
Ahmad of Tral and Sushail Khan of Dadsarai.
On Wednesday evening, unidentified
gunmen barged into the house of Ghulam
Mohiuddin and asked him to come out to show
the residence of militant Sajad Ahmad, police
said.
"As he came out, the militants fired at him
on spot while his wife Haseena suffered
serious injuries in the incident," a police official
said.
The slain contractor was watching India-
Pakistan cricket match with his family. His
killing triggered panic in the area.
(Rising Kashmir, April 1)
13,215 civilians killed
in JK since 1990: Govt
Jammu and Kashmir government today
said that 13,215 civilians, civilians including
698 politicians and political leaders and
workers were killed by terrorists since 1990
in Jammu and Kashmir. Chief Minister Omar
Abdullah said in a written reply in Legislative
Council here today. Giving a break up, he said
that 12,517 civilians and 698 politicians and
political leaders and workers were killed
between 1990 to February 25, 2011. He said
the highest number of 1,275 civilians was
killed in 1996 and highest number of 101
political leaders and workers were killed in
2002. In 2010, there was a decrease in killing
as 33 civilians and 4 politicians were killed as
compared to 59 civilians and 3 politicians in
2009, he said. In two months period of current
year, 4 civilians and a political activists were
killed.
(Voice of Kashmir, April 9)
FIVE
Moderate leader and
Cleric Assassinated
Srinagar April 8: Prominent cleric and Jamiat
Ahl-e-Hadees president Maulana Showkat
Ahmad Shah was assassinated outside a
Srinagar mosque this afternoon. He had been
critical of stone-pelters, calling their action
unIslamic.
An improvised explosive device (IED),
concealed in a bicycle, was triggered by
unidentified men as Shah headed for the
mosque in Gaw Kadal to lead the Friday
prayers. Witnesses said he fell near the
mosque entrance and died on way to hospital.
No militant group has so far claimed
responsibility for the attack. Two persons
sustained splinter injuries.
Shah's younger son and two security
guards escaped because they were trying to
park the car. Shopkeepers downed shutters
and angry people took to the streets, some
Shah supporters calling for revenge.
Hours later, a large crowd turned up for
Shah's funeral prayers at Lal Chowk. Hurriyat
chairman Mirwaiz Umar Farooq and JKLF
chief Yasin Malik were also present.
The 55-year old cleric is survived by his
wife and three children. In the last two years,
he survived two bids on his life-a grenade
was hurled at his house in Lal Bazaar and he
was later shot at near his office in Barbar
Shah. The Mirwaiz called the killing of Shah a
conspiracy. "Those elements who killed Shah
have to answer." He said Shah always strived
for unity. "This is conspiracy to weaken out
struggle but our struggle will never get weak,"
he said.
Yasin Malik said, "The killers of Shah are
cowards can one who kills a scholar, that too
at the gates of a mosque, claim to be a
Muslim?" Hurriyat hardliner Syed Ali Geelani
said he was shocked. "This is a barbaric act
of terrorism. The killers of Shah cannot be
human."
Shah was elected president of the Jamiat
Ahle-Hadees for the third time recently. The
religious organisation propagates Salafism or
the puritanical interpretation of Islam. With
more than 15 lakh registered members, it runs
some 1200 mosques across J&K.
Shah was an ardent believer in the "radical
middle way." Though the leadership and
cadres of the Lashkar-e-Toiba and Jamaaat-
ud-Dawa share the Salafi school of thought,
Shah was never close to them. He played a
major role in preventing the extreme Salafi
ideology take centre stage in Jamiat Ahl-e-
Hadees.
Shah is not the first leader of the
organisation to be assassinated. Prof
Mohammad Ramzan, its former chief, was
killed in 1998. Maulvi Ghulam Nabi Dagga,
another top leader, was also killed.
Shah was very closely associated with
Yasin Malik. He helped expand Malik's influence
and political message across the state. This
put him in direct confrontation with a section
of the separatist leadership.
(Indian Express, April 9)
Poll candidate shot
dead in J&K, 2
others withdraw
Srinagar: A 45-year-old woman contesting
panchayat elections in central Kashmir was
shot dead outside her home by unidentified
men on Friday night.
The victim, Haseena Akhtar, was
associated with the opposition People's
Democratic Party. The killing in Karpora village
(about 57 km south of Srinagar) has sparked
fear among voters and candidates in the area,
with some candidates withdrawing from the
local body polls.
Akhtar's son Bilal Ahmad Ganai (20) said
a group of armed men entered their home at
around 10 pm on Friday. "The men asked her
why she participated in the elections. We
apologised and promised we would withdraw
from the polls," he said. "We were later told to
come and say the same thing in front of the
nambardar (village headman). But she was
killed a few meters from the house.'
Separatists and militant groups have asked
people to stay away from the polls, but voters
defied the boycott call in the first phase of
polling on Wednesday. The turnout was a high
80%.
The administration, however, is being
cautious about the possible reasons for the
murder and who could be behind it. "It (the
killing) may not be linked to elections," Jammu
and Kashmir chief minister Omar Abdullah
said in Jammu.
The local police are also not ruling out other
angles. "Some of the assailants were armed
with lathis while some had guns, which doesn't
seem like a regular militant modus operandi,"
said senior superintendent of police
Uttam Chand (Budgam), in-charge of the
area. "We were trying to ascertain whether
somebody in using the panchayat elections
as an excuse." He said that "some domestic
issues" linked to the killing were also under
investigation.
But the effect of the shooting is already
evident. Apologising for "letting the community
down" in a handwritten letter-pasted publicly-
Shafugta Bano, who was contesting the polls
from the village, announced her withdrawal
from Sunday's election. Mohammad Yusuf
Wani, another candidate, used the local
mosque to announce his withdrawal. "Mujhse
galti ho gayi, mujhe maaf kar do, aise galti kabhi
nahin karoon ga (I have made a mistake (by
contesting the polls), please forgive me. I will
never repeat this mistake)," Wani announced.
Voters are not immune from fear either.
"We will not vote," said Mohd Akram Dar,
Akhtar's neighbour. "What guarantee of safety
do we have?" The elections are to be
completed in 16 phases, ending on June 30.
(Hindustan Times, April 14)
J&K HUMAN RIGHTS Perspective
 March-April, 2011
NHRC disagrees with J&K Government's
contention over its jurisdiction in the state
P
utting aside the contention of the Jammu
and Kashmir Government that NHRC
does not have jurisdiction over the
State to give recommendations in a case of
death due to police atrocity, the Commission
said that its recommendations do not interfere
with any of the heads of legislation. It asked the
Jammu and Kashmir Government to act on its
recommendations given on the 19th August,
2009 and pay rupees five lakhs to the next of
kin of Mohan Lal, who died following torture by
the State police.
This order was passed when the J&K
Government raised the issue of its jurisdiction
in the State, arguing that Section (2) of the
Protection of Human Rights Act, 1993
specifically excludes its operation to the State
of J&K in so far as it pertains to matters
relatable to the entries enumerated in List II of
the VII Schedule of the Constitution of India. It
further stated that Entry of list II relates to Public
Law and Order and Entry 2 of list II refers to
Police in Seventh Schedule of the Constitution
Assassination of Maulana...
(Contd. from page 1)
Mirwaiz in 1990. Even though members of
his families knew who killed him, they did
not expose him. Incidentally, the killer was
also declared a martyr, and buried in the
same graveyard as Mirwaiz.
Other eminent participants and
sympathisers of the separatist movement
gunned down include Maulvi Mushtaq
Ahmad (uncle of Mirwaiz); Dr. AA Guru, a
noted human rights activist; Hirday Nath
Wanchoo and Abdul Ghani Lone. Since
then many workers of the National
Conference, Congress, PDP and CPM
have been also killed. On 18 October,
2005, fidayeen killed Education Minister
and PDP leader, Ghulam Nabi Lone.
Significantly, Amnesty International
amended its Charter in the fall of 1992 to
take cognizance of the violation of Human
Rights by armed opposition groups, (the
militants). In advance of the fourth and final
phase of voting in India's parliamentary
elections on 10 May 2004, Amnesty
International appealed to armed groups
(militants) in Jammu and Kashmir to
respect humanitarian law standards that
prohibit deliberate attacks against civilians.
Violence or the threat of violence must not
be used to intimidate voters, election
SIX
of India 1950. Therefore, the subject matter of
the instant case was squarely covered under
the above two entries in List II, as the alleged
atrocities were attributed to the J&K Police and,
therefore, NHRC has no jurisdiction in the
matter.
The Commission responded that List II of the
Seventh Schedule contains the Heads of
Legislation in respect of which the State
Legislature can make laws. Entry 2 of List II,
relates to Police (including railway and village
police) subject to the provisions of entry 2A of
list 1. It only indicates that the State can make
any legislation in respect of police regarding
their pay and allowances, rank or any matter
relating to the discharge of the duty of the
police under the Police Act, if any.
NHRC maintained that the order passed by
it is not regarding the violation of human rights,
if any, arising out of any legislation made by the
State in respect of any of the entries in List II.
Mohan Lal, S/O Pheru Ram, a rickshaw-puller,
was taken into custody by J&K police from
workers or candidates, it added.
Amnesty reported a number of attacks
by the militants on polling stations, poll
rallies, election workers and candidates.
For example, in the Parliamentary election
on 8 April 2004, a bomb was thrown at an
election rally in Uri, killing 11 people and
injuring 70 others. In a later phase of voting
on 5 May, suspected militants reportedly
attacked two dozen polling booths, leaving
one person dead and 25 injured. In all
cases, militant outfits owned the
responsibility. Ever since, Amnesty has
reported regularly incidents or attacks on
civilians by the militants also.
In a report circulated on 4 May 2006,
Amnesty International observed that while
Human Rights violations by the state
agents have declined, violence by armed
groups (militants) had not decreased
substantially. It held them responsible for
the mass exodus of Hindus from the Valley.
By now, the State and Central
governments, as well as the security
forces, have understood that nothing
damaged national interest and security
more than Human Rights violations, which
were condemned by the entire civilised
world. Many steps have been taken to
reduce the violations, including setting up
investigative machinery like the Human
Rights Commission, training the forces in
observing restraint, and compensating the
Amritsar on the 21st June, 2003 suspecting his
involvement in some burglaries in Jammu.
Medical evidence indicated that he was
subjected to third degree torture during
interrogation, leading to his death in the District
Police Lines Hospital, Jammu on the 2nd July,
2003.
The act alleged were not in discharge of
maintaining any public order and there was no
case registered against him. It was not as a
part of any investigation also. It is a clear case
where the police tortured a person and killed
him. Therefore, it does not come under any of
the powers of legislation of the State Legislature
in respect of any of the entries mentioned in List
II of the State list. The jurisdiction of the NHRC
has been excluded in respect of the subjects
mentioned in List II of the Seventh Schedule.
The impugned order does not interfere with
any of the Heads of Legislation.
The Commission asked for a compliance
report along with proof of payment from the
J&K Government.
victims of HR violations.
Much still remains to be done. For that
government is under constant pressure.
For instance, the way youth unrest was
dealt with in the summer of 2010, attracted
attention of international Human Rights
organisation like Amnesty International
and Asia Watch, as also liberal intellectuals
and activists of India. The government was
forced to import non-lethal weapons of
crowd dispersal, and hold inquiries into
excesses committed.
Militants, too, had learnt that killing of
innocents, including non-Muslims,
attracted condemnation of world opinion
and gave them a tag of being terrorists. Not
only have the mass killings of non-Muslims
stopped, the separatist leaders are now
calling minorities, who left Kashmir around
1990, to come back and assuring them full
security.
But assassination of Maulana Showkat
Ali Shah again reminds that like other
violent movement, the Kashmiri militant
movement, has not stopped eating its own
children. It demonstrates that intolerance
of dissent within the ranks of separatists.
Even if they succeed, a society that does
not tolerate dissent will not be worth living
in. In their own interest and that of Kashmir,
separatist should realize irreparable
damage that Maulana's killing has done to
their cause.
ll
J&K HUMAN RIGHTS Perspective
 March-April, 2011
Amendments suggested to Proposed
State Vigilance Commission
T
he proposed J&K State Vigilance
Commission is a toothless tiger
that must be replaced with an
effective anti-corruption agency on the
Lokayukta/Lokpal pattern.
For some time the Government of
Jammu and Kashmir has been planning
to address the menace of corruption
through the establishment of a 'J&K State
Vigilance Commission.' The J&K SVC
Bill was passed by the Legislature last
summer without much debate or input
from the civil society. In late January, the
Government notified the Act and signalled
its intention to appoint the Vigilance
Commissioners.
We have collectively studied and
discussed the State Vigilance
Commission Act, and concluded that the
SVC is doomed to become another
"toothless" anti-corruption agency
because it lacks the necessary autonomy
and authority to investigate and punish
corruption. We would like to explain these
fatal flaws and propose a sensible
remedy for the Government to purse if it is
serious about combating corruption.
First, there are obvious alterations that
have been made to the template Central
Vigilance Commission Act of 2003, with
the intention of downgrading the SVC's
autonomy and making it subordinate to
the Government. For example, at the
Centre, selections to the CVC are made
by a high powered panel comprising the
PM and the leader of the Opposition, and
the final appointments are made by the
President. Under the J&K law, selections
are instead made by the State cabinet
and appointments are made by the
Government (rather than the Governor).
At the Centre, only the President has the
authority to suspend and unilaterally
remove Vigilance Commissioners.
Under the J&K law, that authority has
been granted to the Government (rather
than the Governor). At the Centre, the
(Chief) Central Vigilance
Commissioner's rank and salary is the
same as the Chief Election
Commissioner of India or a Supreme
Court Justice, and is, therefore, senior to
any government official. Under the J&K
law, the Chief Vigilance Commissioner's
rank and salary have been downgraded
to the level of the Chairman of the JKPSC,
Editor : BALRAJ PURI
Office : Karan Nagar, Jammu - 180 005 (J&K) INDIA.
Phone : 91-191-2542687, 2543556 Mobile: 94191-02055 • E-mail : balraj_puri1@rediffmail.com
SEVEN
who is at par with the Chief Secretary. In
contrast, the J&K Right to Information Act
of 2009 grants much greater autonomy to
the State Information Commission in all
the these respects.
Second, the proposed SVC, like the
CVC, is only an advisory body with the
autonomous powers. The powers
enumerated under Section 8 of the J&K
SVC Act grant the Commission the
authority to (1) give general "directions" to
the Vigilance Organization, (2) initiate
inquiries, (3) "review the progress" on
ongoing investigations and (4) "tender
advice". However, there is no mechanism
for the SVC to ensure that any of its orders
are observed or that its recommendations
are taken seriously. In fact, the SVC relies
on the goodwill and cooperation of other
departments and agencies. It orders and
recommendations are voluntary, and the
Commission is accordingly a paper tiger.
In contrast, the J&K RTI Act of 2009 and its
rules grant the State Information
Commission the power to levy fines and
make references to the courts for non-
compliance.
Similarly, the SVC lacks the authority to
initiate disciplinary action on its own
cognizance for cases that do not require
a criminal trial. Under the proposed
system, the SVC merely supervises the
work of the SVO's investigative officers,
who may pursue only two possible
outcomes when corruption is found: (1)
the case is prosecuted in the courts under
criminal law (the prevention of Corruption
Act of 1946), or (2) the case is forwarded
to the concerned Department head for
disciplinary action under the J&K Civil
Servant (Classification and Control) rules
of 1956. In the first scenario, a very
standard of evidence is required, and
proceedings, appeals, counter-appeals,
counter-counter-appeals delay matter
over many years. In the second scenario,
the support and initiate of the concerned
Head of Department is required. Under
the Civil Service Rules, the departmental
Head is (a) free to select a panel of his or
her own choosing, which, in turn, (b) is
free to take its own time to formulate its
recommendations for disciplinary action,
which , in turn, (c) the Department Head
is then free to accept or reject.
It does not require an anti-corruption
Associate Editor: ELLORA PURI
Back issues are also available on our website www.humanrightsjournal.com
expert to appreciate that disciplinary
action is almost never imposed in J&K.
Sandwiched between (1) backlogged
corruption courts and (2) feckless
departmental heads the SVO has
devolved into an organisation that almost
never punishes the corrupts, despite the
good intentions of the current Vigilance
Commissioner and his colleagues.
Statistics show how the SVO is
ineffective. In the past 6 years, there has
been an average of only 7 convictions per
year on corruption charges in the Jammu
and Srinagar Corruption Courts (9 in
2005, 8 in 2006, 5 in 2007, 6 in 2008, 11
in 2009, and 2 in 2010, for a total of 42
since 2005), often for small time
corruption cases like forged birth
certificates, illegal appointment orders,
or bribes of a few thousand rupees. In all
of these 42 cases, the convicted have
appealed to the High Court to have the
corruption court orders stayed, where
they are all pending matters.
In fact, in only 3 cases in the past 3
decades has the High Court upheld the
lower court's judgment (FIR Nos 67/1984,
22/1995 and 71/1998, the first two are
trap cases and the last is an illegal
appointment case). All thee of these
cases have been appealed to the
Supreme Court, where they all remain
subjudice. Since 2005, approximately
200 cases have been referred to the
Government with recommendations for
disciplinary action, but in only 5 cases,
the concerned department has
responded indicating that the process
would be initiated. In none of the 200
cases has the concerned Department
indicated that disciplinary action has
actually been applied.
This was not always the case. Thirty
years ago, Jammu and Kashmir benefited
from an anti-corruption agency that had
greater and more effective statutory
authority. From 1962 until 1983, the Anti-
Corruption Commission (ACC) of J&K
exercised powers granted by the J&K
Government Servants Prevention of
Corruption Act (No. 11 of 1962). Section
17 of this Act authorised the ACC to
impose disciplinary action on offending
officers including fines and demotions,
(Contd. on page 8)
J&K HUMAN RIGHTS Perspective
 March-April, 2011
aforementioned flaws, as well as sundry
Amendments suggested...
PRESS (Contd. from page 7)
other aspects that are critical for an
effective anti-corruption agency. A copy of
this bill has already been provided to the
STATEMENTS subjects to the ultimate approval of the
Chief Minister, who is free to appoint a
Expressing deep shock over killing legislative drafting panel headed by an
Governor. During its existence, the ACC eminent civil society leader, comprising
of 13 and injuring 58 persons as a
was, therefore, relatively effective. equally of government officials and civil
bus fell in a gorge in Chenani Tehsil
Unfortunately, these powers were society representatives. This drafting
of Udhampur district, PUCL
removed with the creation of the State panel may adopt the Lokpal/Lokayukta
convenor, J&K State, Balraj Puri,
Vigilance Organisation under the Bill and make suitable adaptations and
regretted that such incidents had
Prevention of Corruption (Amendment) improvements for the purposes of its
become a recurring feature in Jammu
Act of 1983. enactment and implementation in J&K.
region, and the government had failed
Other weaknesses in the SVC Act: The The drafting committee may also examine
to check overloading of buses. He
selection process for the SVC is opaque the existing J&K Prevention of Corruption
demanded adequate compensation
and poorly defined, and leaves the Act to make suitable amendments,
to the bereaved families and relief to
Government in a commanding position including remodelling the SVO along the
the injured. Above all, he asked for
to pick its favourites to the Commission. lines of a State Bureau of Investigation. If
giving higher priority to improving
Indeed, the Supreme Court intervened in the government instead chooses to rush
road connectivity within the region by
early March in the P.J. Thomas affair, the ahead with the proposed State Vigilance
the government, as also by the
Chief Justice Kapadia and his colleagues Commission, it will demonstrate that it is
political parties who claim to
made clear that the CVC was an "integrity not serious about corruption and not
represent the interest of the region.
institution" where only impeccable serious about finding credible, long term
candidates could be appointed. They solutions.
issued instructions for the proper and Signatories:
People's Union for Civil Liberties,
transparent procedure for appointing the Tariq Naqshbandi, (Retd.) former Anti-
J&K State, convenor Balraj Puri,
CVC. Like the CVC Act, the SVC Act also Corruption Court Judge, Srinagar
condemned the killing of the National
includes selection criteria that favour Mohd Shafi Pandit, IAS (Retd.) former
Conference activist in Tral in Pulwama
current or former bureaucrats above the Chairman, J&K PSC
district reportedly by militants of Hizb
rank of a Commissioner/Secretary to R.V. Raju, IPS (Retd.) former J&K
Mujahideen. Killing of an unarmed
become a Vigilance Commissioner. With Vigilance Commissioner
civilian for his political affiliations is
high ranking bureaucrats policing high R. Tikoo, IPS (Retd.), former J&K
a crime against humanity and worst
ranking bureaucrats, conflicts of interest Vigilance Commissioner
form of human rights violation, he
and favouritism are inevitable. In this B.A. Malla, IPS (Retd.), former DIG of
said. He also welcomed
regard, the Supreme Court also the J&K SVO
condemnation of the incident by
emphasised that former bureaucrats J.M. Lyngdoh, IAS (Retd.), former Chief
senior separatist leader Syed Ali
cannot be the default choice of the Election Commissioner of India
Shah Geelani and expected other
Government. Nagarajan Vittal, IAS (Retd.), former
political parties to do so.
The SVC Act also includes no Central Vigilance Commissioner of India
provisions for protecting whistleblowers, Balraj Puri, Convenor for J&K People's
who are a crucial source of information for Union for Civil Liberties
Balraj Puri, Convenor PUCL J&K
the SVO and who are frequently Sampat Parkash, President (Retd.),
State, joined the wide spread
threatened, harassed, and targeted in J&K Pensioner's Welfare Association
condemnation by the people and
retaliation for their honesty as the current Prof Agha Ashraf Ali, educationist
leaders of Kashmir of the
and former Vigilance Commissioners can Prashant Bhushan, Senior Advocate,
assassination of the prominent
attest. The SVC Act does not include clear Supreme Court
cleric, and Jamaat Ahl-e-Hadees
provisions to ensure that the SVC and Arvind Kejriwal, RTI activist, founder
president, Maulana Showkat Ahmad
SVO are adequately staffed and Parivartan
Shah as he was entering a mosque
resourced. The SVC Act does not include Dr. Kiran Bedi, IPS (Retd.), founder
in Srinagar to lead Friday prayers.
previsions to ensure investigations are Navjyoti
Maulana had escaped two attempts
completed in a time bound manner. The Prem Shanker Jha, Journalist
on his life earlier and was the target
SVC Act does not include a provision to Maja Daruwala, Executive Director,
of the militants for opposing violence,
ensure that records of investigations are Commonwealth Human Rights Initiative
he said. No words were strong
released after cases are brought to their Dr. Vijay Sazawal, policy analyst
enough to condemn this barbarian
logical conclusion. J&K RTI Movement and Sangarsh RTI
and cowardly act, Puri added.
The list of flaws and weaknesses are Movement
numerous.
If the Government is serious about Annual Subscription India Overseas
Balraj Puri, Convenor PUCL J&K
tackling corruption, it can turn to the Rates
State, has welcomed the release of
Lokayukta/Lokpal model legislation,
the President of Kashmir Bar
which is being prepared by a coalition of Individuals Rs. 50 $ 10
Association after long incarnation.
India's most eminent jurists, advocates, Institutions Rs. 200 $ 40
Apparently, he was detained for his
former civil servants, and anti-corruption Cheques may be sent in the name of
views as no reason was shown for
experts under the India
his detention which was a denied of Institue of Jammu and Kashmir Af-
Against Corruption coalition
basic rights of a citizen in a democratic fairs, the publishers of the Journal.
(www.indiaagainstcorruption.org). The
country, he said.
legislation addresses all the

EIGHT J&K HUMAN RIGHTS Perspective

Edited, Printed and Published by Balraj Puri for Institute of Jammu & Kashmir Affairs, Karan Nagar, Jammu. Printed at ESS ESS ESS Offset Press, Wazarat Road, Jammu.