‘INDEPENDENT PROBES’;Litmus test for Mehbooba to make judicial, magisterial inquiries public

Ahmed Ali Fayyaz
SRINAGAR: We have witnessed that whenever a killing, in which State or non-State actors, can be involved, takes place in Jammu and Kashmir, police performs the formality of registration of FIR and everybody raises the demand of “an independent, credible investigation” and “punishment to the killers”. By geography and population, Jammu and Kashmir is a small place where many people are in relation or acquaintance with one another and in most of the cases people come to know within hours of an incident as to who are the killers. Sometimes, they even come to know why someone has been killed. Only a few incidents baffle the residents and relatives of a victim and remain shrouded in mystery. Instantaneously, there are trademark reactions—-protest, demonstrations, shutdown, calls for probe and punishment to killers or a complete silence. Admittedly, certain cases evoke reactions simply on basis of a perception that grows contrary to the reality. While making demands, we need to bear certain facts and realities in mind. Ten days ago we heard Speaker Kavinder Gupta announce in J and K Assembly that report of Magisterial enquiry in Handwara incidents was “ready” and would be tabled in the House “in two days”. It didn’t happen till date. And there is no explanation from Presiding Officer of the State Legislature. Similar is the fate of almost all the 200-odd Judicial and Magisterial probes and commissions of enquiry ordered by successive governments from time to time in the last 26 years. These are often ordered only to defuse a political crisis or law and order situation. Hardly anybody has been identified as a killer and brought to justice. Of the 60,000-plus FIRs, police have investigated and Challaned not even 2 per cent. Conviction rate is miserably low, perhaps the lowest in India inspite of arguably the country’s best police force in the State. Even 26 years later, nobody officially knows who killed Maulana Farooq and Prof Mushirul Haq and why. Even CBI’s investigation in killing of IAF men has remained frozen for more than 26 years. Even as the killers were identified and chargesheeted by CBI in Pathribal case, none of them has been brought to justice. Police have not investigated any of the high profile killings—-Qazi Nisar, Abdul Gani Lone, Lassa Kaul, Neelkant Ganjoo, Tika Lal Taploo, Shaban Vakil, or more than 20 ex-ministers/ MLAS (including Mushtaq Lone and Gh Hassan Bhat who were killed as Ministers) or massacres of Gawkadal, Handwara, Kupwara, Hawal, Bijbehara, Wandhama, Sangrampora, Nandimarg etc—–let alone killing of thousands of ordinary people. The reasons are clear. Findings in some cases are perceived to be potentially embarrassing for the government. In many more cases, there is simply no will or accountability. Demands of probe by UN and other “international independent bodies and human rights groups” are fundamentally rhetorical and impracticable. Even in the matter of an ordinary killing or FIR, the reality in 27th year of the Kashmir militancy is that none of the eyewitnesses is ready to depose before police or a Judge for obvious reason of safety. Even if he is, the Investigating Officer is not ready to record his statement. Even if he is, the Prosecuting Officer is not ready to pursue a case which can lead to punishment of a State or non-State actor. Even if he is, the Judge is not ready to pronounce award on a State or non-State actor. In some cases, Judges set the accused free while recording that prosecution is not interested to pursue. The reality is that nobody is prepared to land himself or his family members and relatives in trouble. For over a decade, this breakdown of the system is believed to have been the biggest reason behind custodial killings and enforced disappearings of militants and their civilian sympathisers and collaborators in Kashmir. Another decade later, fear of the gun and social ostracism looms large, though the chain of custodial eliminations has stopped after over a dozen police officials, including SP of Ganderbal, were removed from service, booked in murder cases and held in jail by Ghulam Nabi Azad’s government in 2007. Even today, everybody feels insecure that his statement can lead to his own or some family member’s death or displacement / migration or social ostracism as he has to live, attend marriages and funerals and has to keep his burial ground safe in the same society. He feels the killer is a next door neighbour. In this situation, how can the killings be probed? How can the killers be brought to justice? This is the inside story of a total breakdown of policing and administration of justice and failure of the institutions of civil society, executive, legislature and media. All demands of ‘independent probe’ for the moment are just absurd and rhetorical political statements. Mehbooba Mufti’s PDP-BJP Government will have to make the system functional and restore the credibility of the democratic institutions by making reports of all the Judicial and Magisterial enquiries public, beginning with Zainakote and Handwara ordered by this coalition regime