Civil society groups including the international human rights watchdog Amnesty International (AI) have described the Supreme Court judgement on the ‘extra-judicial’ of five Kashmiris as ‘disappointing’.
Civil society groups including the international human rights watchdog Amnesty International (AI) have described the Supreme Court judgement on the ‘extra-judicial’ of five Kashmiris as ‘disappointing’.
In a statement issued from London, the AI sought to remind the Supreme Court that it has contradicted its own statement made on February 2012 that army personnel suspected of murder should be placed in front of a civil judge.
The apex court on Tuesday gave military authorities eight weeks to bring about the court martial of eight army officials allegedly responsible for the unlawful killing of five youths in Pathribal, in March 2000. Failing that, the Central Bureau of Investigation (CBI), may apply to prosecute the army personnel.
“The ruling is a major setback - not only for victims in this case but for other victims unlawfully killed by army or paramilitary forces in Jammu and Kashmir,” said Ramesh Gopalakrishnan, the AI’s India researcher. “The option of a court martial allows these army officials to continue to avoid judgment in court of law,” he said.
The CBI, which investigated the Pathribal killings, has contended it has sufficient evidence to show that the killings were extrajudicial executions and ‘cold-blooded murder’. The Armed Forces J&K (Special Powers) Act, 1990 requires the CBI to seek official permission to initiate criminal proceedings against the eight accused officials.
Meanwhile, coalition of civil society in Srinagar said the apex court judgement was a jolt for those seeking justice for victims. Linking prosecution to government sanction has dampened hopes of justice. “In response to an RTI application on AFSPA sanctions, last February the government has stated that no sanction for prosecutions was ever granted in Jammu and Kashmir since 1990,” said the statement, wondering how the CBI would get a nod to go ahead with the prosecution of army personnel.
On 18th April 2012, the ministry of defence, in response to another RTI application, stated that out of 40 cases received for the purpose of grant of sanction from the Jammu and Kashmir government, 35 were denied, and 9 are under consideration.
“Therefore, the reality of Jammu and Kashmir has been an absolute impunity,” the statement added.
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