Tuesday, April 28, 2009

TWO CIVILIANS DISAPPEARED IN ARMY CUSTODY: J&K HIGH COURT

HC ISSUES NOTICE TO CENTRE, ARMY, STATE
COURTESY: DAILY GREATER KASHMIR DT APRIL 28TH, 2009 BY MUHAMMAD YOUSUF
Srinagar, Apr 27: The High Court on Monday issued notice to Army and the state government in custodial disappearance of two persons eight years ago. The court has directed the army and the state government to respond to the notice within three weeks. Ghulam Hassan Dar and Ghulam Muhammad Lone of Shamaspora Islamabad filed two petitions in the High Court about the disappearance of their sons. Their counsel Ghulam Qadir Bhat informed the Court that on November 23, 2001 Sajjad Ahmad Dar, son of Ghulam Hassan Dar and Feroz Ahmad Lone, son of Ghulam Muhammad Lone were picked up from their houses by Ikhwanis who were working with the Army and since then they disappeared. The Ikhwanis who lifted the civilians have been identified as Tariq Ahmad Bhat and Manzoor Ahmad Paddar of Maloon in Islamabad. The parents of both the boys immediately registered a complaint with the police station. However, the police didn’t help them to locate their sons. Meanwhile, they received a call from Kupwara resident Muhammad Yousuf Dar that their sons were lodged in Palpora Kupwara. The parents rushed to Kupwara and informed the concerned police station. The SHO concerned informed them that he had taken up the matter with the Army and it had agreed to release them after questioning. However, they were not released and the SHO forced the parents to leave the place. The resident Muhammad Yousuf Dar who had informed the parents was shot dead. The police inaction forced the parents to approach the State Human Rights Commission. On October 17, 2006 the SHRC in its judgment confirmed that they have been subjected to enforced disappearance during custody. It ordered the government to give compensation to the relatives of the disappeared persons. The Commission had also passed remarks against the then SHO police station Kupwara. The SHO concerned didn’t provide records before the Commission. He also didn’t appear before the commission despite the directions of the commission and orders of the Director General Police. The Commission had ordered that the case of murder and kidnapping be registered against the Army. But years have passed neither the case has been registered nor the recommendations of the SHRC regarding the ex-gratia have been accepted by the Government. The Court directed the Union Home Secretary, 14 Rajput Unit of Army, DGP Police, SSP Kulgam and deputy commissioner Islamabad to respond within three weeks.

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