Kashmir | News & Discussions.

[Windjammer]

Supreme Court Chides Army Over Pathribal Killings

The Supreme Court has criticized India’s army for failing to investigate soldiers that have allegedly committed human rights abuses in Kashmir.

The court is hearing a case over whether to allow Indian authorities to press ahead with an investigation over the killing of five innocent men in the Pathribal district of Kashmir in 2000.

In 2006, the Central Bureau of Investigation, India’s federal investigation body, indicted five soldiers for the deaths. But the army went to court to stop the investigation, citing the Armed Forces Special Powers Act, a law which shields soldiers in Kashmir from prosecution by civilian courts.

The Supreme Court now wants to know why the army also failed to take internal disciplinary action against the soldiers.

According to a report in The Hindu, Justice Swatanter Kumar complained to additional solicitor-general, P. P. Malhotra, who is representing the army, that, “You don’t want to take over the case and initiate court martial proceedings against them. You don’t allow the criminal justice system to go ahead.”

In response, Mr. Malhotra said, “We cannot take over the case. The Armed Forces are bound to protect their men.”

The court in November had given the government until mid-December to decide whether to allow the CBI to push ahead with its investigation.

That deadline came and went without any decision and the case rolls on.

The Congress party-led government of Prime Minister Manmohan Singh appears unwilling to take a decision, caught between the Defense Ministry, which supports the army’s position, and the Home Ministry, which wants revision to the AFSPA but has been unwilling to fight for it publicly.

Violence has dropped sharply in Kashmir in recent years as the flow of Pakistan-backed militants into the state has dried to a trickle.

Jammu and Kashmir Chief Minister Omar Abdullah has argued strongly that the lull offers a chance to improve the military’s image by ending immunity for army personnel in some areas and rolling back India’s massive security presence in peaceful areas of the state.

Authorities have scaled back security bunkers in the state’s capital, Srinagar. But the state remains heavily militarized – with over 500,000 security personnel in situ – and the army has taken a rigid line on the immunity issue, arguing that any changes would make it impossible for soldiers to operate in a civilian environment.

Faced with the army’s intransigence, Mr. Abdullah, whose party is allied with the Congress in the local government, has begun to show signs of exasperation.

“The defense that the army has taken is that they have a mechanism in place to punish the guilty without recourse to civilian courts,” Mr. Abdullah told NDTV on Tuesday. “But if they’re not going to do it, there are more questions that are left unanswered.”

There have been many “fake encounters” in Kashmir since an open rebellion against Indian rule began there in 1989. The Pathribal killings have attracted the most publicity.

In 2000, 35 Sikhs were killed in the Chittisinghpura district of Kashmir as former U.S. President Bill Clinton was visiting India. Security forces later that year shot dead five men in Pathribal and claimed they were foreign militants guilty of killing the Sikhs.

Local authorities carried out DNA tests on the corpses which showed they were in fact locals. Officials then asked the CBI to investigate.

Supreme Court Chides Army Over Pathribal Killings - India Real Time - WSJ

 

[Bhairava]

Vinod..Thanks for the info. Thanks to their carnal urges atleast Sri Nagar and the rest of Kashmir was saved from their rape and pillage. Had not Nehru dilly dallied with his options and adopted a more effective policy, even the Shias of Gilgit could have been saved from those barbarians. But unfortunately,for them, that was not to be.

 

[Yeti]

The response to the J&K government's surrender policy for militants who crossed over to ***************** Kashmir (***) has peeved Hizbul Mujahideen chief Syed Salahuddin.

The rehabilitation policy of giving safe passage to militants who want to return to J&K from training camps across the LoC - though not yet implemented - has received a response encouraging enough to create ripples in the Hizbul camp in ***.

'The most precious thing for a human being is honour and dignity. I put a curse for one thousand times on those who return to Kashmir in a way they have to surrender before and seek forgiveness from the enemy and go behind bars,' Salahuddin, head of the United Jehad Council, said in Muzaffarabad on Saturday.


In February 2010, chief minister Omar Abdullah had promised amnesty to militants who crossed over to *** for arms training but wanted to surrender and return.

The idea also found support with Union home minister P. Chidambaram.

To seek benefits under the rehabilitation policy, parents of the youths who had crossed over were required to approach the police certifying that their son(s) want to return and live a normal life.

Those who have crossed over are required to write to their families in J&K to get their cases listed.

Their claim of innocence would be verified by security agencies before being cleared by the Union home ministry.

Officials in the home department said it has received 1,034 applications under the policy from the parents of youths who want to return home. 'Out of these applications, 67 cases have been recommended to the Union home ministry for a final decision.

We are still waiting for the home ministry's response,' a senior official said. But Salahuddin was undeterred. 'We will return but with weapons and the flag of freedom in our hands. Let me declare once again that Allah willing the armed struggle of Kashmiri Mujahideen will continue.

The political struggle of Kashmiri people will also continue under the guidance of a sincere and unified political leadership and the diplomatic struggle will be carried forward by the Kashmiri expatriates,' he said.

'But, the deciding front which will compel India's 7.5 lakh army personnel to quit our motherland is the Jihadi front,' he added, ruling out any 'compromise or concession'.

Salahuddin said the militant leadership was not opposed to trans-Kashmir trade but added that there should not be any misconception that the trans-LoC travel or trade was a 'blessing of the sacrifices of Kashmiris'. 'Our basic demand is complete withdrawal of Indian troops,' he added.

'The struggle will continue until the people of J&K will decide their fate through a free plebiscite after withdrawal of Indian troops,' he said.


Kashmir training camps: J&K government's surrender policy raises Hizb heckles | Mail Online

 

[Skies]

Long time no news about Kashmir. Do the Pakistanis give up? Or Kashmiries have lost morale?

 

[Paan Singh]

Long time no news about Kashmir. Do the Pakistanis give up? Or Kashmiries have lost morale?

you are right.

 

[SpArK]

2011: The most peaceful year in Kashmir


The data says it all

Greater Kashmir newspaper (and it is not an India-friendly publication) gets hold of police data on militancy-related incidents in the state of Jammu and Kashmir. Here is a quick recap:

• 189 militancy related incidents in 2011, compared to 488 in 2010
  
• 183 militancy related casualties in 2011, compared to 375 in 2010
  
• 34 civilians and 30 security personnel died while 119 militants were killed in 2011, compared to 36 civilians, 69 security personnel and 270 militants in 2010
  
• 4 districts with “double digit” incidents of militancy: Srinagar, Baramulla, Kupwara and Pulwama in Kashmir region
  
• 13 districts with “single digit” incidents of militancy: Budgam, Ganderbal, Kulgam, Anantnag, Shopian and Bandipora in Kashmir region; Kishtwar, Ramban, Doda, Poonch, Rajouri and Udhampur in Jammu region
  
• 7 districts are militancy-free: Leh and Kargil districts of Ladakh region; Samba, Jammu, Kathua, Reasi and Doda districts of Jammu region

After the turbulent summer of 2010, it was a huge turn-around for the state in 2011.

It left many self-styled Kashmir analysts with egg on their faces. If the state government headed by Omar Abdullah got the flak for its inept handling of the situation in 2010, it justifiably deserves credit for what it achieved last year. Of course, the stinginess in praise comes as no surprise considering the hypocritical nature of our left-liberal commentators. Thankfully, it doesn’t matter as long as the situation on the ground is evident to everyone — and can be backed by data.

Does it mean there isn’t anyone left in Kashmir who still wants Azadi (though no two persons can define Azadi the same way) and harbours anti-India sentiments? Of course, there are more than a handful of that variety in certain urban pockets of Kashmir Valley. But as long as the state is able to ensure peace and security for the majority of Kashmiris, the anti-India ruck doesn’t matter.

You need an environment where students can attend schools, a shopkeeper can open his shop, a dailywager can earn his daily wage, a transporter can ply his truck, a farmer can sell his produce and tourists can visit the state without having to worry about a grenade or a bomb going off. Maintaining peace and ensuring security is essential, though not sufficient for attaining normalcy in Kashmir. The state government has been able to get the essential part right.

Building on this reduction in militancy, the state assembly has approved the amendments to the much-maligned Public Safety Act. Of course, this development has gone unnoticed lest it forces some commentators to acknowledge the good work put in by the state government.


2011: The most peaceful year in Kashmir | Pragmatic Euphony

 

[Abu Zolfiqar]

Good to see that. But its bad news for india which will be at odds with how to find ways to further justify the AFSPA and further try to find ways to malign or blame ''ISI''

I'm happy to see that Kashmiri freedom fighters are adopting new and peaceful yet as effective means to highlight and address their plight.

 

[Vinod2070]

I will be happy to see the Pushtun question in Pakistan and Afghanistan resolved as well.

 

[KS]

Meanwhile in Kashmir...

Preparations begin for Amarnath pilgrimage

Upbeat after a record half a million pilgrims visited the Amarnath cave shrine in the Kashmir Valley last year, the Jammu and Kashmir Tourism Department has begun preparations for a "smooth and safe" pilgrimage this year

Om Namah Shivaya...

 

[Abu Zolfiqar]

Supreme Court Chides Army Over Pathribal Killings

The Supreme Court has criticized India’s army for failing to investigate soldiers that have allegedly committed human rights abuses in Kashmir.

The court is hearing a case over whether to allow Indian authorities to press ahead with an investigation over the killing of five innocent men in the Pathribal district of Kashmir in 2000.

In 2006, the Central Bureau of Investigation, India’s federal investigation body, indicted five soldiers for the deaths. But the army went to court to stop the investigation, citing the Armed Forces Special Powers Act, a law which shields soldiers in Kashmir from prosecution by civilian courts.

The Supreme Court now wants to know why the army also failed to take internal disciplinary action against the soldiers.

According to a report in The Hindu, Justice Swatanter Kumar complained to additional solicitor-general, P. P. Malhotra, who is representing the army, that, “You don’t want to take over the case and initiate court martial proceedings against them. You don’t allow the criminal justice system to go ahead.”

In response, Mr. Malhotra said, “We cannot take over the case. The Armed Forces are bound to protect their men.”

The court in November had given the government until mid-December to decide whether to allow the CBI to push ahead with its investigation.

That deadline came and went without any decision and the case rolls on.

The Congress party-led government of Prime Minister Manmohan Singh appears unwilling to take a decision, caught between the Defense Ministry, which supports the army’s position, and the Home Ministry, which wants revision to the AFSPA but has been unwilling to fight for it publicly.

Violence has dropped sharply in Kashmir in recent years as the flow of Pakistan-backed militants into the state has dried to a trickle.

Jammu and Kashmir Chief Minister Omar Abdullah has argued strongly that the lull offers a chance to improve the military’s image by ending immunity for army personnel in some areas and rolling back India’s massive security presence in peaceful areas of the state.

Authorities have scaled back security bunkers in the state’s capital, Srinagar. But the state remains heavily militarized – with over 500,000 security personnel in situ – and the army has taken a rigid line on the immunity issue, arguing that any changes would make it impossible for soldiers to operate in a civilian environment.

Faced with the army’s intransigence, Mr. Abdullah, whose party is allied with the Congress in the local government, has begun to show signs of exasperation.

“The defense that the army has taken is that they have a mechanism in place to punish the guilty without recourse to civilian courts,” Mr. Abdullah told NDTV on Tuesday. “But if they’re not going to do it, there are more questions that are left unanswered.”

There have been many “fake encounters” in Kashmir since an open rebellion against Indian rule began there in 1989. The Pathribal killings have attracted the most publicity.

In 2000, 35 Sikhs were killed in the Chittisinghpura district of Kashmir as former U.S. President Bill Clinton was visiting India. Security forces later that year shot dead five men in Pathribal and claimed they were foreign militants guilty of killing the Sikhs.

Local authorities carried out DNA tests on the corpses which showed they were in fact locals. Officials then asked the CBI to investigate.

Supreme Court Chides Army Over Pathribal Killings - India Real Time - WSJ

seems like a RUSE....is this the same SC that authorized and put into effect the draconian armed forces special powers act?

 

[Joe Shearer]

seems like a RUSE....is this the same SC that authorized and put into effect the draconian armed forces special powers act?

No, there is no ruse.

Your confusion is understandable. For your easier understanding, in India, courts are courts, not rival legislatures in disguise. Courts do not 'authorize', still less do they put into effect any acts. The Supreme Court (the Indian Supreme Court) had nothing to do with AFSPA.

 

[BLACKEAGLE]

"Poll: So, is new media only reinforcing old stereotypes?"

I don't understand the question here. Which old stereotypes?!

 

[SpArK]

Kashmir is throbbing with tourists after a long time : North, News - India Today

 

[Yeti]

Jammu: All State Kashmiri Pandit Conference president Pandit Amar Nath Vaishnavi died at his residence in Jammu after a brief illness last evening. He was 87.

As their leader, Vaishnavi had led the Kashmir Pandit (KP) community for past several decades and became the first president of Yuvik Sahba (Sheetal Nath).

Born in Srinagar in 1925, Vaishnavi fighting for the country's Independence was jailed several times, including during the Emergency in 1975.

He had headed the Sahita Samiti, which provided relief and food to the displaced KPs soon after their migration from the Valley to Jammu and other areas in the region in 1990.


"Vaishnavi Ji was only leader of the community who changed the fate of the young generation by ensuring they get reservation in the professional colleges and universities", General Secretary of State Congress and Apex committee member Hira Lal Pandita said.

The last rites of the leader of the largest organisation of KPs in Jammu and Kashmir was performed at the Bantalab Cremation Ground.

The members of the KP community regretted that there was no representative from the Jammu and Kashmir government at the Cremation Ground to pay last respects to the veteran leader, who was also a member of the government's apex decision making body for Kashmiri Pandits.

"Chief Minister and Governor or the ministers failed to express even condolence to the most powerful leader of the community", claimed All Party Migrant Coordination Committee (APMCC) chairman Vinood Pandit before reporters here.


RIP

 

[Edevelop]

Indian troops martyr five more Kashmiri youth

Srinagar: In occupied Kashmir, Indian troops, in their fresh act of state terrorism, martyred five more Kashmiri youth in Ganderbal district, Monday.

The troopers during a siege and search operation killed the youth at Haldooru Wangath in the district. The operation continued till last reports came in.
On the other hand, according to the data issued by the Research Section of Kashmir Media Service, the troops martyred 10 Kashmiris in the last month of September. During the period, 63 people were critically injured when Indian police and paramilitary personnel used brute force against peaceful demonstrators and 272 civilians, mostly youth, were arrested. The troops molested 5 women during the month.

The veteran Kashmiri Hurriyet leader, Syed Ali Gilani in a statement in Srinagar called for withdrawal of Indian army and paramilitary forces from the occupied territory. He said that as long as the troops were present in Kashmir, human rights violations would continue to take place. He condemned the arrests of youth in fake cases.

An Indian trooper committed suicide by hanging himself from a ceiling hook at Dhar Mahanpur in Basohli tehsil of Kathua district. This has raised the number of such deaths among Indian troops and police personnel in the occupied territory to 251 since January 2007.

ONLINE - International News Network