SRINAGAR, October 1: Calling for DNA profiling in the anonymous/unmarked graves, senior Supreme Court lawyer and influential core member of team Anna, Prashant Bhushan Friday said unbridled impunity to forces under Armed Forces Special Powers Act (AFSPA) has led to thousands of such graves across the State, ISHFAQ TANTRY reports in Rissing Kashmir (30/10/2011)
“Primarily, I was here to appear in 1996 Baderwah civilian killing case, which was listed before High Court today. This is one of the case which indicates how large number of persons were killed in Kashmir over the years by forces”, Prashant Bhushan, a leading Supreme Court lawyer, said while addressing a press conference, here today.
He said in the particular (Baderwah killing case) involving death of three persons in a fake encounter, the charge sheet was filed but subsequent trial ended in acquittal of the main accused because the initial investigation had loopholes.
“Primarily, I was here to appear in 1996 Baderwah civilian killing case, which was listed before High Court today. This is one of the case which indicates how large number of persons were killed in Kashmir over the years by forces”, Prashant Bhushan, a leading Supreme Court lawyer, said while addressing a press conference, here today.
He said in the particular (Baderwah killing case) involving death of three persons in a fake encounter, the charge sheet was filed but subsequent trial ended in acquittal of the main accused because the initial investigation had loopholes.
Linking the Baderwah fake encounter case with discovery of unmarked and unknown graves in Kashmir, Bhushan said if the fourth person in the case, Talib Hussain, who escaped from clutches of the accused would have been killed, all the three persons would have been buried in an anonymous or unknown grave somewhere.
“That is why we say that anonymous grave issue, as reported by the SHRC in its investigation, is important to be probed. The DNA profiling should be done and it should be matched with the DNA profiles of the missing persons, whose list is available with APDP,” he said.
He said Baderwah case is one such case, which can be re-investigated and perpetrators, howsoever influential, be brought to the book. “Because of the impunity enjoyed by armed forces under special powers like AFSPA, such crime are repeated time and again”.
Linking impunity of troops under special powers with mass anonymous graves, team Anna member said this cycle of impunity needs to be broken. “It will be broken only when we can provide justice to victims by bringing culprits, howsoever big or influential they may be, to book. For this reason, we are demanding that AFSPA should be removed and DNA profiling of victims in unmarked graves be carried out,” he said.
About Hurriyat (M) chairman Mirwaiz Umar Farooq proposal to seek support of team Anna on mass grave issue, Bhushan said the matter is under consideration.“ I am here in my individual capacity. But the proposal is before the core group and I hope it will be considered soon”, he said.
He, however, dismissed the proposal of Chief Minister Omar Abdullah to setting up Truth and Reconciliation Commission (TRC) to probe issues like unmarked graves. “It (TRC) won’t serve any purpose. TRC has its uses but it cannot be a complete substitute for booking persons involved in heinous crimes. Here (in Kashmir) we are dealing with accountability of forces who have committed heinous crimes,” he said.
The SC lawyer linked the mass graves issue with unresolved nature of Kashmir issue. “The longer the Kashmir issue festers, the larger number of forces would operate in Kashmir and it would result in larger number of human rights abuses like existence of unmarked graves,” he said.
He said conditions should be created conducive for political solution to the Kashmir problem.
Baderwah Case hearing
Meanwhile, High Court Friday posted the writ petition seeking reinvestigation into 1996 fake encounter case for hearing on October 10.
“ The court will not proceed into the case till Advocate General causes his appearance”, Justice Hasnain Masoodi observed after the petitioner lawyer Prashant Bhushan pressed for issuing notices in the case and the recall of the case records.
“That is why we say that anonymous grave issue, as reported by the SHRC in its investigation, is important to be probed. The DNA profiling should be done and it should be matched with the DNA profiles of the missing persons, whose list is available with APDP,” he said.
He said Baderwah case is one such case, which can be re-investigated and perpetrators, howsoever influential, be brought to the book. “Because of the impunity enjoyed by armed forces under special powers like AFSPA, such crime are repeated time and again”.
Linking impunity of troops under special powers with mass anonymous graves, team Anna member said this cycle of impunity needs to be broken. “It will be broken only when we can provide justice to victims by bringing culprits, howsoever big or influential they may be, to book. For this reason, we are demanding that AFSPA should be removed and DNA profiling of victims in unmarked graves be carried out,” he said.
About Hurriyat (M) chairman Mirwaiz Umar Farooq proposal to seek support of team Anna on mass grave issue, Bhushan said the matter is under consideration.“ I am here in my individual capacity. But the proposal is before the core group and I hope it will be considered soon”, he said.
He, however, dismissed the proposal of Chief Minister Omar Abdullah to setting up Truth and Reconciliation Commission (TRC) to probe issues like unmarked graves. “It (TRC) won’t serve any purpose. TRC has its uses but it cannot be a complete substitute for booking persons involved in heinous crimes. Here (in Kashmir) we are dealing with accountability of forces who have committed heinous crimes,” he said.
The SC lawyer linked the mass graves issue with unresolved nature of Kashmir issue. “The longer the Kashmir issue festers, the larger number of forces would operate in Kashmir and it would result in larger number of human rights abuses like existence of unmarked graves,” he said.
He said conditions should be created conducive for political solution to the Kashmir problem.
Baderwah Case hearing
Meanwhile, High Court Friday posted the writ petition seeking reinvestigation into 1996 fake encounter case for hearing on October 10.
“ The court will not proceed into the case till Advocate General causes his appearance”, Justice Hasnain Masoodi observed after the petitioner lawyer Prashant Bhushan pressed for issuing notices in the case and the recall of the case records.
The defence counsel also pleaded for reinvestigation of the case on the pattern of Best Bakery, Rubabudin and Zahira Sheikh cases wherein Supreme Court ordered reinvestigation and set up the Special Investigation Teams.
Earlier, senior additional Advocate General informed the court that the office of the Advocate General has not received any notice for the assistance of AG in the case from the bench. “The AG’s office has no such information. Advocate General cannot appear in the case, as he has already boarded the plane,” he informed the court.
The families of Baderwah fake encounter victims, Fazal Hussain Dar, Fareed Hussain Dar and Mohammad Hussain Lone, who were killed in 1996, had on September 21, 2011 approached High Court with a petition seeking re-opening and reinvestigation of the case. (Writer-South Asia)
Earlier, senior additional Advocate General informed the court that the office of the Advocate General has not received any notice for the assistance of AG in the case from the bench. “The AG’s office has no such information. Advocate General cannot appear in the case, as he has already boarded the plane,” he informed the court.
The families of Baderwah fake encounter victims, Fazal Hussain Dar, Fareed Hussain Dar and Mohammad Hussain Lone, who were killed in 1996, had on September 21, 2011 approached High Court with a petition seeking re-opening and reinvestigation of the case. (Writer-South Asia)
