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| Kishtwar violence: Commission suggests CBI probe into alleged role of Kichloo, IGP, DC, DIG, DSP, others | | | Asif Iqbal Naik
Early Times Report
JAMMU, Apr 14: The justice Gandhi Commission who probe August 9, 2013 Kishtwar violence in his 31 recommendations has recommended registration of FIR against former Minister of State for Home & others and also suggested CBI probe into allege role of Kichloo, IGP, DC, DIG, DSP & others in Kishtwar violence, beside also recommended registration of an FIR against all the guilty person and their custodial interrogation other then police, possibly through CBI.
In his recommendations, Justice Gandhi stated that keeping in view of the evidence recorded by the Commission, the conduct and behavior of Saleem Mohammad DC Kishtwar, Duty Magistrates Majid Jehangir, Naib Tehsildar & Ali Imran, Lecturer, Boys Higher Secondary School, Kishtwar deployed in the Chowgan/Eidgah & Rajesh Thakur Naib Tehsildar deployed from Area Dak Bunglow to Sangrambhata, Minister of State for Home, Sajjad Kichloo, Rajesh Kumar IGP Jammu Range, Ashkoor Wani, DIG of Police, Farooq Qaiser, Deputy Superintendent of Police, HQ, the alleged conspiracy hatched by the officers and the local anti-national ideologues, the loss suffered by the innocent citizens because of arsoning, looting and burning of their houses, hotels, shops, cars, heavy vehicles, motor cycles and bi-cycles, etc., loss of human lives because of the conspiracy as the officers deliberately and intentionally with willful act and being part of the conspiracy, the Commission makes the following 31 recommendations which include
1. Compensation of Rs.15 lakhs be paid to the relatives/kins of the victims who have lost their precious lives, despite the policy of the Government of compensation of Rs.5 lakhs. This recommendation is in conformity with the order of the Supreme Court directing the State of Uttar Pradesh to pay compensation of Rs.15 lakhs for each loss of life, in all to the relatives of the victims and out of this Rs.13 lakhs will be paid by the State Govt. & Rs.2 Lakhs by the Centre as directed by the Supreme Court in Muzaffarnagar riots case. This compensation is awarded as the Government, which is responsible to protect life and property of all its citizens, has miserably failed to protect it despite having all the apparatus and machinery at its disposal to deal with the situation.
2. Any person who, because of injury on any part of his body by stone or gunshot, teargas shells etc., has become disabled, be paid according to the criteria of disability which is applicable to the persons having injuries caused due to Motor accidents.
3. The injured who have sustained serious injuries be paid compensation of Rs.50,000/- for pains and sufferings, in addition to the actual amount spent on treatment, such as minor girl received injury at Gulabgarh.
4. Compensation of Rs.25,000/- be paid to the persons who have received minor injuries.
5. The claimants whose shops, houses, hotels and material therein have been looted & burnt by the arsonists be paid compensation as per actual price of the goods and money for the construction of the damaged structure as per prevalent market evaluation, as a special case.
6. The claimants/sufferers whose houses were completely burnt and have to stay in rented accommodation, rent be paid to them not less than Rs.1000/- per month after verification from 9th August, 2013 till they are paid full and final compensation.
7. Those sufferers who lost their business and were having nothing with them to fall back upon and if their children were studying in some professional institutions or Colleges, Universities, outside the city of Kishtwar, till the compensation is paid to them, the charges of actual fees including lodging & boarding of their children shall be borne & paid by the State.
8. The claimants whose business has been completely destroyed shall be paid Rs.300/- per day as maintenance allowance if they have nothing to fall back upon being their business completely destroyed, from the date of the occurrence till the date the compensation is paid to them.
9. Persons whose vehicles (trucks, cars etc.) have been burnt shall be paid compensation according to its value assessed by the Surveyor minus the insurance money, if any received.
10. Those persons whose motor cycles have been burnt shall be paid as specified in Para 9, but in case of bi-cycle those poor persons shall be given full value of the bi-cycle so that they may purchase it and should not suffer because of the negligence of the State.
11. FIR shall be registered and investigated for the incident of stoning the Dak Bunglow where the Minister and the Deputy Commissioner were staying.
12. FIR be registered against the Constabulary who were on duty in the Bazar from Dak Bunglow onward in the city on the date of occurrence and have not discharged their duty as ordained by law to prevent the arsonists from looting and burning of the shops, houses, Hotels & Lodges of the people and they be made accountable by taking suitable action, which includes departmental enquiry in addition to lodging of an FIR.
13. FIR be registered & investigated against the incident of provocative & hate appeal made from the Jama Masjid by the Imam of Jama Masjid or by any other person which spread hatred and provoked the Muslims to burn the property of the people, i.e. the shops, houses and hotels of the private persons and shall be investigated and persons found guilty should be prosecuted.
14. FIR be registered & investigated against the persons who attacked Varinder Singh, a Police Constable in uniform and should be prosecuted for commission of the offences.
15. FIR be registered & investigated against the Driver and Incharge of the Bunker of JKP as to why they could not save the Bunker, whereas the Bunker of the SSB which was also stationed outside in similar circumstances was saved by the SSB.
16. FIR be registered & investigated against the Driver of the Police Gypsy which was burnt in front of the Dak Bunglow as to why the Driver could not save it by taking it inside the Dak Bunglow which is just 10 ft. away from the spot and permitted the miscreants to burn it.
17. CCTV Cameras be installed in the Chowgan and at all vital points of the Bazar to keep strict vigil on the activities of the miscreants as time and again such incidents are being repeated in the town. The Police and the Administration be directed to have the photographs and videographs of the important Government functions, religious functions and celebrations, such as, Eid, Independence Day, Republic Day or funeral procession of any militant and the speeches made there in and such like events of public importance. For any such celebrations and public functions, the police should be deployed duly equipped and prepared with modern equipments, such as, anti riot gears, rubber bullets, tear gas shells, water showers, non-inflammable dresses,etc.
18. The IGP of the Zone and the DIG of Police of the Range should be made personally responsible to formulate an emergency plan in every district under their jurisdiction and if any such events happen, it should be tackled immediately by reinforcement from the adjoining districts.
19. The DC Kishtwar Mohammad Saleem should be dismissed from service as he remained deliberately absent throughout from the place of occurrence being part of the conspiracy and permitted the hooligans to have mayhem for whole of the day and also left the police at their mercy to face the consequences without being with them as a District Magistrate.
20. The services of the IGP Rajesh Kumar, DIG of Police, Ashkoor Wani and Deputy Superintendent of Police, Farooq Qaiser be terminated, they being part of the conspiracy and proved to be not fit to be retained in public service having breached the rules, regulations and above all the trust of the general public, as public servants.
21. The Minister of State for Home Sajjad Kichloo, Rajesh Kumar IGP Jammu Zone, DC Saleem Mohammad, DIG of Police Ashkoor Wani, Dy. SP Farooq Qaiser, Imam of Jamia Masjid, Farooq Kichloo, Ghulam Nabi Gundna and Abdul Qayoom Mattoo be subjected to custodial interrogation to unearth the details of alleged conspiracy for their prosecution in the court of law for commission of the offences as co-conspirators & other offences, as detailed herein before.
22. The VDCs are doing very good work being appreciated by the Deputy Commissioner and the Superintendent of Police. The propaganda against the VDCs was falsely maneuvered to create wedge between the two communities with ulterior motive and this propaganda of maligning the VDCs totally stopped, from the day of the occurrence, i.e. 9th August, 2013. The VDCs should be more strengthened. In the villages where the population is mixed of both the Hindu and the Muslim communities, the members of the VDCs should be taken from both the communities preferably those who are retired Govt. servants from the Department of police, Para Military force, Army etc. In the villages where the population is totally of one community, the VDC members should also be of that community alone.
23. The Police Station, Kishtwar is having its jurisdiction of about 50-40 kms. in length and breadth. There is a need for creation of more Police Stations. The Commission recommends bifurcating of the Kishtwar town in two Police Stations. Dhrabshala Police Post & Police Post Sarthal should be upgraded as Police Station keeping in view their territorial jurisdiction. Similarly Police Post Dool be also upgraded as Police Station as the distance from Kishtwar to Atholi is about 45 kms. and in between there is no police station. Their upgradation is needed to provide easy access to the common people to register their grievances and also be easy for the Police to implement the law & order for administration of justice. The Police Post across Sangam of Dachan area is required to be upgraded as Police Station for the similar reasons.
24. The Deputy Commissioners should be advised to have a meeting with the officers and the citizens at least once in a month so that the people may bring to the notice of the Administration their grievances and the Administration has a chance to redress these grievances for transparent and effective administration which will inculcate the culture of friendly administration.
25. There should be departmental enquiry against the Duty Magistrates, namely Majid Jehangir, Naib Tehsildar & Ali Imran, Lecturer, Boys Higher Secondary School, Kishtwar deployed in the Chowgan Eidgah & Rajesh Thakur, Naib Tehsildar deployed from Area Kuleed Chowk to Sangrambhata & Sh. Farooq Ahmed, Lecturer, Boys Higher Secondary School, Kishtwar, area Dak Bunglow to Bus Stand; deployed by the Deputy Commissioner, for dereliction of their duty as has been noticed from their statements.
26. The transfers in the Police Department are being ordered in derogation of the rules governing the service. The competent authorities of the Police Department be made to transfer its lower subordinates strictly in accordance with the Police Rules. Any officer ordering any transfer in breach of the rules should be treated to have acted, inviting penalty of misconduct as a public servant and should be made to face aninquiry for his such misconduct, as the transfers have grown as source of huge corruption in the Police department.
27. Enquiry be held against the In charge of the Fire Tender as the fire tender was stationed in the Chowgan without water and log book of the fire tender speaks of a source of corruption.
28. The Fire Brigade Unit be upgraded at district level as happenings of burning are usually taking place frequently.
29. The doctors & Para medical staff in the District hospital, Kishtwar should be posted in 50:50 ratio as it has come out from the evidence that Hindu population has no confidence in the doctors posted in District Hospital, Kishtwar being in majority the Muslims and that is why all the Hindus injured were taken to the military hospital, so that confidence of the people is restored in the administration of medical care.
30. A mechanism should be developed by the government in consultation with the Army that in case a request is made by the Civil Administration, where civil administration has failed to maintain the law & order and need to impose curfew by the assistance of the Army, the Army should not cause any delay on account of procedural impediments, as delay in such situations proves detrimental to the public interest.
31. The Govt. should, at its own level frame a Crisis Management Committee at District level of the relevant law enforcing agencies including the respectable citizens, NGOs and military establishment at the Headquarter or near to the Headquarter, to coordinate itself as and when there arises such an emergency as happened at Kishtwar and they should be made liable and responsible to immediately move without waiting for the call and work in coordination with the Deputy Commissioner. The military particularly should not wait for observing the procedural formalities, such as, seeking permission, etc. Which should be sorted out at the Govt. level before forming such a mechanism and for that Special Operative Procedure (S.O.P.) should be devised there for in the interest of public and the State so that care is taken that loss is caused to the minimum and immediate spontaneous action is taken by the Crisis Management Committee at their own level so that the agency of the Govt., Paramilitary Forces or officers at the District level should not become irrelevant and just as mere spectators. |
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