Probe ordered into killing of Kashmiri youth by Indian army

[email protected] (CD Network)
March 6, 2013
Srinagar, Mar 6: The army Wednesday said it has ordered a time-bound probe into the death of a youth in army firing in north Kashmir's Baramulla town, and assured that "the truth will prevail" once it is completed.

"We have our own investigating agency. A time-bound inquiry is on. If there was any lapse, let me assure you in the true tradition of the army that the truth will prevail, justice will prevail. That is the word of honour," the Baramulla divisional commander, Major General V.G. Khandarey, told reporters here.

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He was speaking after a meeting Wednesday with Medical Education Minister Taj Mohiuddin, Minister of State for Home Sajad Kitchloo, Divisional Commissioner (Kashmir) Asgar Hassan Samoon and the district magistrate of Baramulla in connection with the incident.

"Firstly, let me tell you that the relation between the 'awam' (people) and the army in Baramulla dates back to 1947. It is the oldest relationship between two brothers. The men in uniform and the men in civvies are two brothers. When we say people have been shot, I can understand. We definitely condole the death of the young boy," Khandarey said.

Terming the incident as "unfortunate and regrettable", Mohiuddin said: "The army has assured us of a time-bound inquiry. An FIR (First Information Report) has also been lodged. Those involved would be brought to justice."

Following the death of the youth Tuesday, curfew continued in Baramulla town, the adjacent town of Sopore, five police station areas in summer capital Srinagar and south Kashmir's Kulgam and Pulwama towns Wednesday.

Incidents of stone pelting on the security forces by angry mobs have taken place at about a dozen places in the Kashmir Valley since the youth's death.

The police and Central Reserve Police Force (CRPF) are handling the situation with maximum restraint.

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Earlier:

Kashmir on the boil again; curfew imposed

Srinagar, Mar 6: Authorities imposed curfew in many areas across the Kashmir valley on Wednesday following the brutal killing of a youth on Tuesday in the northern town of Baramulla by security forces.

"Curfew has been imposed in Rainawari, Nowhatta, SR.Gunj, Safa Kadal, Maisuma, Kralkhud and Zadibal police stations areas of Srinagar city today. Curfew has also been imposed in Baramulla, Sopore, Pulwama and Kulgam towns", a senior police officer said here.

Reports from other major towns of the valley indicate police and central reserve police force (CRPF) have been deployed in strength to maintain law and order.

Tahir Lateef Sofi, 24, was killed in a firing incident at Chati Padshahi Bridge in north Kashmir's Baramulla town, allegedly by the Army, during protests on Tuesday evening.

Residents of the area said a group of locals started the protest gathering in Kakar Hammam area of the town after homes were ransacked and parked vehicles smashed, allegedly by security forces, and there was firing in the air from security personnel to quell the protest.

Thousands of people later gathered in the town and attacked the office of the district magistrate demanding action against those involved in the killing of the youth.

The district magistrate has ordered a magisterial enquiry into the firing incident. Baramulla police have also registered an FIR against those security personnel responsible for the firing.

State chief minister Omar Abdullah has again reiterated his demand for the partial revocation of the Armed Forces Special Powers Act (AFSPA) that gives blanket immunity to the Army and the paramilitary forces deployed to fight militancy in areas declared "disturbed" under the act.

The chief minister broke down in the state legislative assembly on Tuesday when the opposition People's Democratic Party (PDP) staged a walkout over the Baramulla youth's killing. Omar Abdhullah promised that those responsible for the killing would be brought to justice.

The chief minister later dispelled rumours that he had decided to resign over the issue. Omar Abdullah said on his micro blogging Twitter site if stepping down as chief minister could bring a man back to life, he would resign in a flash.

The Army, meanwhile, has denied that its men were involved in the killing of the Baramulla youth.

An Army spokesman said: "An aggressive mob of over 250 people attacked a foot patrol of the Army in the town yesterday. Despite repeated warnings and caution, the mob surrounded the patrol and people from within the crowd started attacking Army personnel.

"The patrol was soon outnumbered, leaving some of them injured. A person out of the mob assaulted the Army personnel with an iron rod creating a life threatening situation. To extricate themselves, the patrol fired, aiming in the air, which could not have resulted in any injury as the place of the incident where the person died was well away from the location of the patrol, and could have in no way been affected by the firing by the patrol in the air".

The spokesman added that there were intelligence inputs with regard to the plans by militants to entangle Army personnel, particularly in Baramulla, in a protest, and to attack the Army taking shield of the crowd, with a view to trigger large-scale violence.

"The Army has ordered an investigation to get to the bottom of the truth", the spokesman said.

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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