Inquiry and Probes; A ruse to Fool Kashmir

The Kashmir Scenario Exclusive

The word Inquiry is the most abused word in the Kashmir lexicons in the past 25 years of mass carnage and unprecedented human rights abuses. In the current era of National Conference and Congress led Government for the past five years countless inquiries were ordered to probe the violations by men in uniform but these inquiries yielded no fruitful results and have met the same ill fate as was met by inquiries conducted in Gawkadal Massacre and Kunan Poshpora Mass rape.

Army also shot and killed two people and wounded another in Markondal in Sumbal last year and the namesake inquiry was ordered and same procedure was followed when BSF committed Gool Massacre resulting in Killing of scores of protesters. At first  when the situation is volatile the Omar led Government and Army calls for inquiry but after the storm passes both try to level false allegations against the deceased and change the whole discourse as revealed by the experience of countless killings.

Army has made it almost sure that its men alleged of massive violations remain unpunished. All voices have stated that Pathribal closure without punishing the guilty men in uniform is ‘murder of justice’. As a matter of fact, ordering magisterial inquires, Commissions of inquiries or judicial probes have lost its meaning in Kashmir and the word Inquiry has become the most abused word in Kashmir.  The authorities ordered eight inquiries in 2008, twenty in 2009, fourteen in 2010, eleven in 2011, eight in 2012 while five probes have already been ordered in 2013 till now. “But none of these probes has led to the prosecution of the armed forces,”  as has been revealed by an esteemed human rights group working in Kashmir

In this regard, noted human rights defender of Kashmir, Khurram Parvez has said that a total of 168 inquiries ordered in the state of J&K to probe rights violations carried out by the Indian armed forces during the past 10 years have either remained incomplete or the final reports did not lead to indictment of the guilty.

In fact, killings by army and word impunity have become synonymous. Brad Adams, Asia director at Human Rights Watch, had some years back famously remarked -“The Indian security forces have ‘disappeared’ countless people in Jammu and Kashmir since 1989 and staged fake encounter killings while fabricating claims that those killed were militants.”

“When there are public demonstrations protesting a fake encounter killing, the official response usually is to offer an oral assurance of an inquiry, though these rarely happen. If such inquiries do take place, the findings are seldom made public. If any action is taken against those found responsible, that too is rarely made public”, added Brad Adams.

It is worth pointing out that the list of people killed in fake encounters in Kashmir includes students, shop keepers, vendors and hawkers and even old people which is causing immeasurable pain and tragedy in the society.

Prominent Human Rights Activist and President International Forum for Justice, Muhammad Ahsan Untoo stated – “The word inquiry and justice hold no meaning with respect to Kashmir. I have filed a record of more than 5200 petitions with reference to human rights violations in Kashmir but justice still eludes as the organs of state are passing buck from one institution to another. To rub salt to wounds the courts are putting a stay on these petitions and state and central level human rights bodies like SHRC and NHRC are acting as toothless tigers. No punishment has been given to men in uniform in more than 150 odd massacres in Kashmir. From Sopore massacre  to Gawkadal massacre , Handwara to Hawal justice is yet to be delivered. Jokingly enough, Defence Ministry and army states that in some massacres they have court marshaled the guilty but on other hand their own records state that accused persons are yet to be identified.”

From masses to activists everyone on ground is pained over this absolute aura of injustice in Kashmir

Advocate Gowhar Makhdoomi, an eminent lawyer and analyst states –“The results of inquiries to probe alleged human rights abuses have so far been zero as results have been like snow in desert. The level of impunity enjoyed by men in uniform in Kashmir is unprecedented. The massive militarization of Kashmir has destroyed this place. It is high time that constituency of conscience wakes up both in India and other countries to end sufferings of Kashmiris.”

Word Inquiry and talk of punishing the men in uniform looks presently next to impossible in Kashmir.