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No action by Police, armed forces without magistrate’s order
Govt won’t tolerate an iota of HR abuse by forces: Omar
7/2/2009 12:22:06 AM
Ahmed Ali Fayyaz
SRINAGAR, July 1: For the first time in the last 19 years of Kashmir insurgency, Omar Abdullah’s National Conference-led coalition Government has made it mandatory for Police as well as security forces to deal with law and order situations only under the orders of magistrates. Government has also decided to set off Phase-I of relocation of the armed forces and their replacement by Jammu & Kashmir---known as demilitarization and withdrawal of troops in political jargon.
Silhouetted in the backdrop of the death of four youths in clashes with Police and CRPF in the last three days, an emergency meeting of the United Headquarters today took place here to review the security scenario and work out remedial measures with particular reference to the month-long developments in Shopian and Baramulla. While the south Kashmir district headquarters of Shopian has been reeling under continuous shutdown---and intermittent clashes between the people and armed forces---since the alleged rape-cum-murder of two young women on May 29th, four persons have got killed and dozens injured in similar clashes provoked by alleged misbehaviour of a woman by Police in the north Kashmir capital of Baramulla this week.
Chief Minister Omar Abdullah presided over the meeting as Chairman of Unified Headquarters and General Officer Commanding of Srinagar-based 15th Corps, Lt Gen Bikram Singh, was present in his capacity as the Chief Minister’s Security Advisor. Chief Secretary SS Kapur, Finnacial Commissioner Home Sameul Verghese, DG J&K Police Kuldeep Khoda, DG CID J&K Dr Ashok Bhan, ADG CRPF, IG BSF, Joint Director Intelligence Bureau and senior officers of J&K Executive and Armed Police participated in the meeting.
Authoritative sources revealed to Early Times that Chief Minister expressed deep concern over “disproportionate use of force by CRPF” at Baramulla and some other places while dealing with law and order problem. He asserted that demonstration of professionalism could have prevented loss of four civilian lives in Baramulla. He emphasized that today’s situation of “law and order” was patently different from the one faced and tackled by paramilitary forces and Army in early 1990s. He stressed that unarmed civilians or demonstrators simply carrying brickbats could not be dealt like armed militants. He said that in the changed scenario, Police was supposed to be better equipped and trained to deal with law and order situation and as such a change in mindset of the force was also required.
Sources said that Chief Minister also referred to Police and medical reports, confirmed by DC Baramulla, which suggested that as many as eight of the 14 persons injured in CRPF firing at Baramulla had been hit on their chests. Even as some of the participants demanded “reviewing of the powers and deployment” judiciously and carefully as armed militants were still present in the Valley, it was decided in the meeting that neither Police nor Army and paramilitary forces would take any action like opening of gunfire without properly seeking necessary orders from a duty magistrate.
In follow up to Chief Minister’s chain of interaction with the Union Home Minister P C Chidambaram and other senior functionaries of Government of India, today’s meeting also decided to work out and introduce Phase-I of the redeployment plan---replacement of CRPF by J&K Armed Police---in several areas within the next 10 days. Last evening, with the death of third civilian, Government had decided to immediately withdraw CRPF from all areas of Baramulla district, excluding the border Tehsils of Uri, Boniyar and Tangmarg. As clarified by the Government, J&K Police would man the forefront of all law and order situations and Army would remain in “stand-by mode” to help the state Police.
Sources said that on the Chief Minister’s suggestion, based on yesterday’s meeting of the population representatives with two visiting Ministers at Baramulla, it was also decided at today’s meeting that Citizens Advisory Committees would be constituted in every district. DCs would be directed to flag this issue for immediate implementation. This, Omar said, would help to develop constant rapport between the citizens and the administration and avoid misunderstandings that usually occur between administration and the public on sensitive issues relating to maintenance of law and order.
Later, talking to mediapersons after inauguration of the lavishly reclaimed Nageen Club, Chief Minister disclosed the decisions taken at today’s unified headquarters meeting. He made it clear that the obligation of acting only on the orders of a duty magistrate was on papers in all the 19 years of insurgency but it had not been adhered to by successive governments. He said it was for the first time that his government was making the Police and armed forces accountable by making it mandatory for them not to act in absence of necessary orders from the magistrate.
He asserted that his coalition government would not tolerate an iota of the abuse of human rights or excessive use of force by Police, armed forces or any other government agency. “Those found involved in such violations would be sternly dealt with”, Omar said and added: “We can not give blank license to security forces for excessive use of force”. He said that the death of four young civilians in Baramulla was unfortunate and painful for him and made an appeal to the youngsters to “find some other means” of communicating their anger and demands.
“When they (youth) resort to stone pelting, forces get provoked to react”, Omar said and referred to the Baramulla episode explaining how a woman of dubious background had created a situation of chaos that had also led to death of four young boys. He said that counting of the dead and injured among the civilian population was natural but stressed on the need to also count the number of Police and paramilitary personnel injured and maimed in such “avoidable” clashes. “Does anybody see what happens to the families of these personnel getting injured in these clashes?” Chief Minister asked. He said that, nevertheless, his government would take tough action against the erring personnel.
In reply to a question, Omar said that he would fix the date of the swearing-in ceremony with Governor and expansion of his Council of Ministers would take place in a few days.


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