Srinagar, January 04; 2012 : Acting on a writ petition involving custodial disappearance of a young man from Buchwara Dalgate, the High Court of occupied Kashmir has directed the authorities to implement the recommendations of Human Rights Commission within four weeks. The Commission has called for awarding compensation and granting benefits to the victim family.
Ghulam Nabi Beigh, the 65-year old ailing father of disappeared youth Mukhtar Ahmad in his petition before High Court has submitted that a judicial inquiry be ordered by the court into the circumstances leading to custodial disappearance of Mukhtar. Beigh in his petition has also prayed that legal action and punishment be initiated against the guilty Indian Army officers.
Apart from submitting the implementation of HR commission recommendations made in the case, the ailing father has also prayed before the court that a criminal case be registered against the guilty troopers.
As submitted in the petition, Mukhtar of Buchwara Dalgate area of Srinagar, who was a medical practitioner and owner of a medical shop, was arrested by Army personnel headed by Colonel Sidhu during the intervening night of September 26-27, 2000 from his home in presence of his parents and sisters.
“After taking the petitioner’s son into custody and subjecting him to torture at an interrogation centre at Badamibagh, the army did not disclose the whereabouts of Mukhtar till date. Since then, the petitioner along with his wife and daughters has been approaching the Indian army authorities seeking release or whereabouts of his disappeared son, but all in vein,” reads the petition filed through Advocate Mir Shafqat Hussain before the court.
Soon after the arrest of his son by Army, the traumatized parents approached Police Station Ram Munshi Bagh Srinagar for registration of an FIR related to the custodial disappearance of Mukhtar.
“The concerned police station registered a case in this regard under FIR No. 143/2000 under section 365 RPC, but till date neither any proper investigation into the matter has been conducted nor any guilty army personnel involved in the custodial disappearance of Mukhtar has been arrested by them,” the petition submits.
Besides, the petitioner has submitted that till date the authorities have not implemented the recommendations made by the commission in its judgment dated February 13, 2007. “The Commission allowed the complaint of the petitioners and recommended the administration to pay the compensation of Rs one lakh to the legal heirs of the disappeared person besides recommending benefits under SRO 43 to the petitioner family, however despite serving the said judgment of the HRC to the concerned authorities, the recommendations have not been implemented so far,” the petition reads.
Stating that the family suffered badly both emotionally and financially due to custodial disappearance of their dear one by the army, the petitioner said, “Mukhtar was the sole bread earner for his family of two ailing aged parents and two unmarried sisters. But since his disappearance, the dependent family is under shock and has been struggling to meet their ends,” it adds.
After hearing the submissions made by counsel Shafqat Hussain, Justice Mohammad Yaqoob Mir issued notices to the respondents in the main petition seeking a judicial inquiry into the incident and registration of a criminal case against the guilty troopers. New agencies Rk
Srinagar, January 04; 2012 : Acting on a writ petition involving custodial disappearance of a young man from Buchwara Dalgate, the High Court of occupied Kashmir has directed the authorities to implement the recommendations of Human Rights Commission within four weeks. The Commission has called for awarding compensation and granting benefits to the victim family.
Ghulam Nabi Beigh, the 65-year old ailing father of disappeared youth Mukhtar Ahmad in his petition before High Court has submitted that a judicial inquiry be ordered by the court into the circumstances leading to custodial disappearance of Mukhtar. Beigh in his petition has also prayed that legal action and punishment be initiated against the guilty Indian Army officers.
Apart from submitting the implementation of HR commission recommendations made in the case, the ailing father has also prayed before the court that a criminal case be registered against the guilty troopers.
As submitted in the petition, Mukhtar of Buchwara Dalgate area of Srinagar, who was a medical practitioner and owner of a medical shop, was arrested by Army personnel headed by Colonel Sidhu during the intervening night of September 26-27, 2000 from his home in presence of his parents and sisters.
“After taking the petitioner’s son into custody and subjecting him to torture at an interrogation centre at Badamibagh, the army did not disclose the whereabouts of Mukhtar till date. Since then, the petitioner along with his wife and daughters has been approaching the Indian army authorities seeking release or whereabouts of his disappeared son, but all in vein,” reads the petition filed through Advocate Mir Shafqat Hussain before the court.
Soon after the arrest of his son by Army, the traumatized parents approached Police Station Ram Munshi Bagh Srinagar for registration of an FIR related to the custodial disappearance of Mukhtar.
“The concerned police station registered a case in this regard under FIR No. 143/2000 under section 365 RPC, but till date neither any proper investigation into the matter has been conducted nor any guilty army personnel involved in the custodial disappearance of Mukhtar has been arrested by them,” the petition submits.
Besides, the petitioner has submitted that till date the authorities have not implemented the recommendations made by the commission in its judgment dated February 13, 2007. “The Commission allowed the complaint of the petitioners and recommended the administration to pay the compensation of Rs one lakh to the legal heirs of the disappeared person besides recommending benefits under SRO 43 to the petitioner family, however despite serving the said judgment of the HRC to the concerned authorities, the recommendations have not been implemented so far,” the petition reads.
Stating that the family suffered badly both emotionally and financially due to custodial disappearance of their dear one by the army, the petitioner said, “Mukhtar was the sole bread earner for his family of two ailing aged parents and two unmarried sisters. But since his disappearance, the dependent family is under shock and has been struggling to meet their ends,” it adds.
After hearing the submissions made by counsel Shafqat Hussain, Justice Mohammad Yaqoob Mir issued notices to the respondents in the main petition seeking a judicial inquiry into the incident and registration of a criminal case against the guilty troopers. New agencies Rk