Wednesday, July 29, 2009

PDP hurls sex bomb in House, Omer escapes unhurt


NASEER A GANAI

Srinagar, July 28: Jammu and Kashmir chief minister, Omar Abdullah, was calmly listening to the Peoples Democratic Party member, Muzaffar Husain Baig’s speech during zero hour in the Legislative Assembly Tuesday morning. The former deputy chief minister spoke about the Shopian incident and the government’s failure to respond to the situation arising out of the rape and murder of two young women.
However, before concluding, Baig referred to the sexual exploitation case that had hit the state in 2006. In the sexual exploitation case senior pro-India politicians, police officer, security officers were involved in exploiting girls. The High Court Bar Association had termed it as war crime against people of
Kashmir struggling for right to self-determination.There was pin drop silence in the House. The chief minister was taking down notes for his reply. But soon everything changed.

Baig said the CBI had produced a list of over 100 people involved in the sexploitation case. He passed on the list to the speaker, Muhammad Akbar Lone. And, before Lone could go through it, Baig threw a bombshell. “I have to say with regret, there is the name of Omar Abdullah son of Farooq Abdullah in the list. He figures at serial number 102. He has lost the moral authority to rule the state. He must resign,” he said and sat down.The allegation stunned the House. It took some time to the treasury benches to regain composure. Till then the PDP legislators led by the party president, Mehbooba Mufti, were on their toes chanting: “Ek Sau Do, Ek Sau Do (102, 102).”

At this, a visibly shocked parliamentary affairs minister, Ali Muhammad Sagar, shouted at the PDP members who, however, remained unmoved. “This is not new. The PDP leaders can go any extent,” Sagar said while several National Conference members joined him.
The speaker intervened to say that the chief minister had a right of rebuttal. However, the PDP members walked out of the House without waiting for the chief minister’s response.
Shell shocked and visibly restless, Omar wanted to speak and respond to the allegation but was prevented by several members.
Meanwhile, the NC member, Nazir Ahmad Gurazi, was allowed by the speaker to speak after several members urged the latter to give him a chance. “It was unexpected of Baig,” Gurazi said. He leveled personal allegations against Baig. “He has no character and he indulges in character assassination of the person of Omar Abdullah. Baig is the worst human being I have ever seen,” Gurazi said.
At this, the speaker observed, “Baig’s speech on human rights violations was about to bring tears in our eyes. But, being a lawyer, he took us towards the issue that was not related to the topic.” Lone said he would seek information (about the allegations) from the central government, the Home Department and would initiate action against Baig. “Baig has hurt us and the chief minister,” he said.
However, the sympathetic words were no balm for the hurt chief minister. Omar stood up again but was again forced to take his seat by the visibly agitated coalition members. He got up again and shouted at them, “allow me to take this first step.”
“I never knew they (PDP) will stoop so low,” Omar said. “Finally, they have blurted out the thing towards which they were pointing for years on. I know what has been said is mere allegation, and it is false. And the law is that man is not guilty until proven so. This maxim might be true about murders and robbery. But in case of this allegation leveled against me it has reverse meaning. Here I am guilty until proven innocent.  The allegation is a blot on my character. I want to resign till I am cleared of this false allegation. I cannot work till I am proved innocent. Whether any remarks are expunged or enquiries made by the Home Department is immaterial. Till I am able to prove my innocence, I am going to tender my resignation to the governor,” an emotional Omar said. The statement shocked his party MLAs and ministers. They rushed towards him to prevent him from leaving the House.
While several members were grappling with the chief minister urging him to resume his seat, the speaker adjourned the House.
Interestingly, during the question hour earlier, Baig was not allowed to speak by the speaker at which there was some commotion in the House. The Parliamentary Affairs minister, Ali Muhammad Sagar, intervened to assure Baig that he would be given chance to speak after the question hour. This had satisfied the opposition and they had allowed the smooth conduct of business during the question hour.
Baig commenced his speech on a different note saying that for the past 20 years a number of incidents had taken place in the state. However, over the past few years, militancy had taken a back seat and democracy had struck roots. People had pinned hope in the prime minister Manmohan Singh’s assurance about zero tolerance for human rights violations but unabated rights abuses had disillusioned them.
Baig talked about the killings at Bomai, Gopkhar and Aloochibagh describing Shopian as the most tragic incident. He said the chief minister was fed wrongly by the police when he stated the women had drowned in the stream. ‘The chief minister is chief minister. He may be young or old, he may be experienced or inexperienced but he is responsible for each of his statement,” Baig said.
Following the statement, Baig said, people took to streets and “secessionists and protagonists of violence joined them.” He said the chief minister could have taken the responsibility of his statement and named and punished the official for feeding him with wrong information.
“Whosoever he was, whether the director-general of police, the DG CID or the IGP, he has no right to hold the office,” Baig said, adding the police officer responsible for misleading the CM must be punished. “The CM should apologize to people,” he said.
Baig continued. “Hundreds of women have been subjected to sexual assault over the years. But they remained silent fearing social stigma,” he said, adding that in Shopian when people saw the bruised bodies of the women and realized they had been murdered to destroy the evidence, they came out to protest.
Instead of the chief minister visiting Shopian, Baig said, the NC-led government tried to harm the PDP president, Mehbooba Mufti, when she visited the town. He accused the NC of releasing Hurriyat Conference leader, Moulvi Tariq, on the same day to harm the PDP president.
The allegations were promptly denied by Sagar on the floor of House. But Sagar allowed Baig to complete his speech. Baig said the chief minister was the highest authority in the state because of which no police official could dare to register a case of murder and rape after his statement that the women had drowned.
“Even though the Justice Jan Commission pointed towards the involvement of police officers, they were not arrested,” Baig said, adding the mainstream political parties should inspire confidence among people.
Suddenly, Baig took everyone by surprise by mentioning the sexual exploitation case which had led to massive protests in 2006. “When the sexual exploitation case hit the state during the chief minister, Ghulam Nabi Azad’s time, he (Azad) wrote to him (Baig) and sought inquiry into the matter by the Central Bureau of Investigation,” Baig said. He said the charge sheet was presented in the court and 25 people involved in the case were named in the CBI charg sheet.
Baig said the CBI prepared another list of over 100 people involved in the case. He handed over the list to the speaker. However, he said, the CBI had not presented the charge sheet on the list, suggesting that it was still investigating the case.
Before concluding his speech, Baig threw the bombshell at which the chief minister announced his resignation and left the House.

HIGHLIGHTS 
•  “Whosoever misled the chief minister, Omar Abdullah, on Shopian, whether he was the director-general of police, the DG CID or the IGP, he has no right to hold the office,” Baig in LA.
• Speaker Lone to Baig and Moulvi Iftikhar Hussain Ansari: “I know both of you. I know you Moulvi, I know you. You had come to my constituency to defeat me; you tried your best but failed.” 
•  Speaker Lone to Mehbooba: “Tum Kis Bagh Ki Mooli Ho” 
•  Restore democracy: BJP slogans in LA
•  NC released Hurriyat Conference leader Moulvi Tariq on the day Mehbooba visited Shopian to harm the PDP president, Baig. 
•  “Secessionists and protagonists of terrorism join the protests to further their own agenda when any incident takes place. The pro-India parties have responsibility to take the issues of people and don’t give room to secessionists,” Baig. 
• Speaker Muhammad Akbar Lone to Iftikhar Ansari: “Tax Choir and Ga……..”

 

Day after, Baig silenced

Naseer A Ganai

Srinagar, July 30: Yesterday, the treasury benches stalled every move of former Deputy Chief Minister and PDP legislator Muzaffer Hussain Baig to speak up. There was reason for it. 

Baig is one of best speaker in the Assembly and it is he who dropped political bomb shell charging the chief minister Omer Abdullah of being named by Centre Bureau of Investigation as accused in sexual exploitation case after he was allowed by NC to speak up. They realized the mistake only when Baig had completed his speech. He was praising pro-India parties until he dropped the sex bomb shocking everyone in the House. 

So when the session began early in the morning, the NC and Congress legislators moved a privilege motion against Baig. The speaker Muhammad Akbar Lone allowed the motion but said he would decide about it after its examination. Baig insisted that he should be allowed to speak in response to the breach of privilege motion moved by the NC and the Congress legislators. The speaker Muhammad Akbar Lone relented and asked the treasury benches that they should allow Baig to speak. But Parliamentary Affairs Minister Ali Muhammad Sagar and legislator Nisar Hussain Wani strongly opposed to it and created ruckus in the Assembly.

The speaker however said, “Since Baig has leveled allegation against the chief minister, I allow any one of you (treasury benches) to speak on the issue and then Baig should respond to it,” he said. However NC strongly opposed it and stalled Baig’s move to speak.

Meanwhile, the speaker amidst pandemonium adjourned the House for half an hour which he later extended upto 3 p.m.

At 3 p.m the Assembly was convened again, again Baig sought time to respond to the privilege motion. Mehbooba Mufti shouted that the NC was orchestrating attacks on its members Iftikhar Hussain Ansari and Muzaffer Hussain Baig and creating Shia-Sunni clashes in the State. The statement evoked strong reaction from MLA Budgam Aga Ruhullah. Aga accused PDP president of fanning the trouble in the State and said an individual has nothing to do with the community. He said PDP being bereft of any issue was raising “issue after issue.”

However, the speaker stepped in and directed the Government to provide all kind security to Iftikhar Hussain Ansari and Muzaffer Hussain Baig. To this, Sagar said the government was responsible for safety and security of every individual including the legislators. He said government would take care of their property and their life.

The issue settled, the PDP again sought permission from the Chair for Baig to speak up. But the Speaker this time said that Baig would be allowed to speak up when the privilege motion would be brought for the discussion. He said he would issue the formal notice and at that time members would be allowed to speak up on the issue. Baig however shot back. He told Speaker that if he has admitted the motion against him then he should explain under which rule he was debarring him from responding to the motion. “Inform me whether it was constitutional powers or procedural code under,” Baig said. But the NC legislators led by Sagar shouted and didn’t allow Baig to speak. Baig shouted back, and this time loudly: “In the list there is name of Omer Abdullah and if you don’t allow me to speak, I won’t allow your Chief Minister to speak.” He didn’t stop there. “You lured young girls to your bedrooms promising them employment. Shame on you,” Baig said. Mehbooba shouted that all the case dairies lying in the Court should be produced before this House. “And then we shall see whose name figures there,” she said. In response, Sagar described PDP, anti-people, anti-Jammu and anti Ladakh and anti State. The NC legislators continued to stall every move of the Baig to speak up in the House forcing PDP to walk out. Faces of NC legislators lit with happiness when they saw PDP members out of the legislature.

 

 

 

Highlights

*Microphone bias: NC legislators Nasir Hussain Wani and Nazir Gurazi were angry on the floor coordinator when they saw microphones of Mehbooba Mufti and Muzaffar Hussain Baig on. Both Wani and Gurazi repeatedly pointed towards the floor manager asking them how he was keeping the microphones on when there is pandemonium in the House. There was more trouble for the floor manager. A security officer of Assembly was pointing to him to on the microphone of BJP MLA when both PDP and NC were shouting at each other.

 

*When MLA Bandipora joined Mehbooba in protest for not allowing Muzaffer Hussain Baig to speak and started shouting, the Speaker said, “I know you are LLB fail.”   

    

Tuesday, July 28, 2009

Shopian Spark sets House on Fire

Mehbooba Snatches Speaker’s Mike; Forced Out; Omar Says Govt Ready For Shopian Debate


NASEER A GANAI

Srinagar, July 27: The 30-day long budget session of the JK Legislative Assembly began today with high drama as Peoples Democratic Party legislators, including its president Mehbooba Mufti, were forced out of the House by Assembly staff on the directions of the Speaker. Prior to this, Mehbooba snatched the microphone of the Speaker and threw it on the floor as her party members stormed the well raising the Shopian rape and murder issue.
The trouble started immediately after an obituary reference was moved to pay tributes to former legislators who had passed away since the last session. However, NC leader and MLA Handwara, Choudhary Muhammad Ramzan, sought the attention of the House towards the destruction caused by a windstorm in Handwara Sunday.
Simultaneously, the BJP state president, Ashok Khajuria, and some of his party colleagues sought explanation from the government for subjecting their bags to security check.
But when PDP members saw Ramzan speaking, they interrupted him. The BJP joined the PDP. However, BJP legislators backed off when PDP started moving towards the well of the House raising slogans “Shopian Kay Qatiloon Ko Pesh Karo (Bring the Shopian murderers to book).”
The continuation of slogans angered Speaker Muhammad Akbar Lone and he repeatedly directed the marshals to push the agitating legislators out of the House.
Meanwhile, the BJP too stepped in and raised slogans demanding
Central University in Jammu and there was complete commotion in the House. The marshals forced the PDP legislators one by one out of the House.
However, as Mehbooba continued to raise slogans in the well, the Speaker directed the marshals, “Take this woman out.” The Speaker repeated the directions many times, referring to Mehbooba Mufti as “this woman.” Angry Mufti rushed towards the Speaker and pulled out his microphone, throwing it on the floor.
After this, Mehbooba was forcibly sent out of the House by two women employees of the Assembly secretariat. The BJP and Panthers Party legislators, who were too shouting slogans, were also pushed out of the Assembly.
When calm was restored in the House with the ouster of the Opposition, CPI(M) State secretary Muhammad Yousuf Taragami spoke on the obituary reference. He described the action of the Opposition uncalled for and regrettable. In a sarcastic tone, Taragami said some members with the intention to grab headlines trampled the dignity of the House. But he urged the Speaker that the ousted members should be allowed to return. The Speaker conceded the request and ordered that members be allowed to come back. But none of them returned.
The Chief Minister Omar Abdullah, in his obituary speech, said the Opposition should have waited for a day. He said it would have been better had the Opposition allowed members to pay homage to former MLAs. The Chief Minister said his party was in Opposition for six years but ‘we have not behaved the way in which the Opposition behaved today.’ He said standing on the benches and snatching the microphones wouldn’t serve any purpose. He said it would have been better to raise these issues in right manner and at the right time.
The Chief Minister said his government was ready for discussion on every issue and ‘we don’t shy away from anything.’
The Speaker, while concluding the day’s proceedings, assured the legislators that he would behave in a non-partisan manner. He however warned the members of severe action in case they failed to behave. “I won’t do anything to safeguard the treasury benches. But I have vast powers and I am within my right to take action against anyone who disturbs the functioning of the House,” he said.

HIGHLIGHTS
• While speaking on the obituary reference in the Legislative Council, MLC Muhammad Rafiq Shah repeatedly said Bhim Singh was under arrest for three days in New Delhi. However, he was reminded that he was supposed to pay homage to dead legislators and Bhim Singh was still alive.

• The Speaker Muhammad Akbar Lone said there was no harm in checking the bags of the legislators for security reasons when the BJP state president Ashok Khajuria raised the issue. When Khajuria described it as an insult and accused government of harassing the legislators, the Speaker said it was being done on the directions of Assembly Secretariat.

 

Wednesday, July 22, 2009

With Love to Hillary

US Secretary of State Hillary Rodham Clinton couldn’t hide her excitement after receiving a traditional Kashmiri cloak pheran from Kashmiri businessman in New Delhi Monday evening. Kashmiri trader Manzoor Ahmad Wangnoo presented the pheran to Hillary on behalf of the people of Kashmir. Few days ago Hillary had asked India and Pakistan to take into account the aspirations of Kashmiris while finding a solution to the Kashmir dispute. Despite her hectic schedule, Hillary ensured to meet Wangnoo and purchase traditional Kashmiri handicrafts. At 10.15 pm. Hillary met Wangnoo and exchanged pleasantries. “I presented her a embroidered red Kashmiri pheran saying it was a present on behalf of the people of Kashmir. Hillary was so happy that she immediately put on the robe,” said Wangnoo who owns at chain of shops in prominent hotels in New Delhi. “I told her that simplicity was the real essence of Kashmir. She was amazed after learning about the hardwork put in the making of Kashmir handicrafts and was all praise for Kashmiri artisans,” he said. Wangnoo also gave the visiting dignitary a Pashmina shawl as a gift on behalf of his parents. She sent greeting to them and his brothers Haji Ashraf and Abdul Saboor. She accepted my invitation to visit Kashmir saying she would love to visit the beautiful Valley. This was Wangnoo’s fourth meeting with Hillary. She had first visited Wangnoo’s shop ‘National Cottage Emporium and Kashmir Mahal’ at Maurya Sheraton in 1995. “When I showed a photograph of her first visit, she said in a lighter vein ‘we still look young.’ That year the former US first lady along with her daughter Chelsea had shopped at Wangnoo’s shop for over three hours which earned the sobriquet of Midnight Sales from the New York Times. “She was moved by my collection of quality Kashmir carpets and artifacts and became my frequent customer.” Wangnoo’s brother, Haji Rafiq Wangnoo, said handicrafts and rugs of Hillary’s favorite colours- including turquoise, baby pink, hot pink and red- were selected for display. Wangnoo shot to fame in 2000 when the then US president Bill Clinton visited his shop at Maurya Sheraton on Hillary’s recommendation. Clinton has purchased shawls, rugs and a carpet ‘Star of Kashmir’ for the White House. Wangnoo clientele includes former US Secretary of State Madeleine Albright and ambassadors of various countries.

Saturday, July 18, 2009

Friday Sermon in Grand Mosque of Kashmir


 

From pulpit of grand mosque of Kashmir, Mirwaiz says Kashmir not religious issue  

Asks US to shun indifference & intervene to resolve K-dispute

Naseer A Ganai

Srinagar, July 17: On US Secretary of State Hillary Clinton’s visit to India, the All Party Hurriyat Conference (M) chairman Mirwaiz Umar Farooq today asked the United States to shun its ‘indifference’ towards Kashmir and pressurize India and Pakistan to resolve the long standing dispute. ‘By using indiscriminate force on peaceful protesters,’ he said New Delhi was forcing violence on Kashmiris.
“Kashmir is not a religious issue, it is not an issue of terrorism or extremism, it is a political dispute and the United States has a role to push both India and Pakistan to settle this political dispute,” Mirwaiz said addressing people from the pulpit of Jamia Mosque during Friday prayers here.
Released from days of house arrest on July 14, Mirwaiz said Kashmiris have launched a peaceful political movement and the United States has far great responsibility to understand the movement in its right prospective. “The United States should play its role but it should play the right role,” Mirwaiz said. The Hurriyat chairman said that Kashmiris welcome US president Barack Obama when he talks about change and peace. “But peace in South Asia cannot be achieved without resolution of core issue of Kashmir,” Mirwaiz said.
He reiterated that Kashmir struggle shouldn’t be linked with terrorism or extremism and accused the government of India of forcing violence on people of Jammu and Kashmir. “Our struggle is peaceful. But government uses all violent means to crush this peaceful struggle,” he said.    
He said the United States and the international community should accept the five-point proposal put forth by Hurriyat to create congenial atmosphere for resolution of Kashmir dispute.
The five-point proposal includes repeal of draconian laws, withdrawal of troops, cross LoC trade, putting J&K under control of temporary administration.
He said the government was fearing people of Kashmir and it doesn’t allow any assembly apprehending rightly that people would voice their aspirations and it would resonant in international forums. “Government is suffering from people phobia,” Mirwaiz said. He regretted that after 9/11 there has been indifference towards human rights. “We want US to break its silence on the issue of human rights violation,” he said. 
He condemned the government for keeping the leadership in jails, under house arrest and ‘subjecting Kashmiris to constant siege.’ “But how long will you keep us under siege,” he asked the government. He said Kashmir was not an administrative problem and a change in government won’t settle it.
The Hurriyat chairman, however, was cautious in response to resumption of dialogue process between India and Pakistan. Mirwaiz expressed regret over the manner in which both the countries are interpreting the joint communiqué issued after the meeting. The joint communiqué de-linked bilateral issues from terrorism and avoided mention of Kashmir. He said there was deep mistrust between the two countries with India presenting the joint statements in its own way and Pakistan gives it its own interpretation. He said whether India accepts it or not, whether Pakistan says it or not, Kashmir would continue to remain a dispute till it is settled. “Sir Creek, Siachen, culture are secondary issues and both the countries can’t run away from Kashmir,” he said. He accused India of drumbeating about exclusion of Kashmir from joint communiqué. He said Kashmir remains core dispute whether it is stated or not.
Nearly eight months after the Mumbai attacks, the India-Pakistan dialogue was back on track on Thursday when Prime Minister Manmohan Singh met his Pakistani counterpart Yousuf Raza Gilani at Sharm-el-Sheikh in Egypt.
Criminal elements in movement’
Mirwaiz said some elements having criminal bent of mind were creating fear among people in the name of freedom struggle. “They loot shopkeepers, torch vehicles, take away mobiles from people,” he said. He said gondaism in the garb of the movement wouldn’t be tolerated. He said these elements would not be allowed to create scare in the society. He said coming out on roads and raising slogans for right to self-determination was an aspect of the movement and it would continue. “But the criminal elements defaming the struggle have to be isolated. He said Kashmiris were fighting for Azadi and “our fight is based on certain principles. Azadi without principles won’t lead us anywhere.”

Mirwaiz on society and marriages:
Mirwaiz expressed serious concern over, what he said, ‘growing waywardness, corruption, materialism and ostentation’ in Kashmiri society. He said for past 20 years Kashmiri nation suffered a lot. “There is no village, there is no area in Kashmir where Kashmiris have not left marks of sacrifice,” he said. But he said materialism has crept in the society devouring its fabric.
“We receive marriage invitation cards costing Rs 2500. I too received one invitation card for attending a marriage ceremony. It carried several things along, including dry fruits,” Mirwaiz said. He described ostentation and materialism as dangerous tools to bring chaos in the society that is ‘reeling under massive State oppression.’ “Far greater responsibility lies on us to help our brethren who have suffered economic, personal, educational loss in past 20 years. And there are thousands of such families in Kashmir,” he said.
He said teenage murders and other crimes should force us to ponder and think over seriously about the issues. He said parents must take responsibility of their children and see which way they were going. “The incidents of Maisuma and Varmul are disturbing and speak volumes about the way society is going,” he said. “Over the years we as a nation have failed to create institutions, instead whatever institutions we had, we made them defunct.” He said institution-building should get a priority and asked the government employees to show seriousness in their work instead of bothering about sixth and seventh pay commission.

Monday, July 13, 2009

It is Justice Muzaffer Jan versus police



Remarks Against Family Came From Police: Justice Jan
Everything In The Report Belongs To Commission: Mughal

Srinagar, July 12: Justice (retd) Muzaffar Jan, who headed the One-Man Commission of Enquiry to probe the May 29 rape and murder of two women in Shopian, today denied having made any offending or insulting remarks about the victims and their family.
 “The Commission in its 4-volume report has not made any offending or insulting reference to the women or their family members,” Justice Jan told Greater Kashmir. 
 “The 3-page report in which the remarks have been passed against the family was prepared and submitted to the Commission by the investigating officer, superintendent of police, Haseeb Mughal. I didn’t accept the report and even didn’t take it on record,” Justice Jan said, adding “the Commission challenges anyone to point out anything in the report that goes against the family.”
 Justice Jan said the 3-page police investigation account, prepared by the SP Haseeb Mughal was put in the annexure of the report and is not a part of the Commission’s recommendations. “If somebody puts up an application before the court, the court keeps the application on the case file. That is what was done with the report submitted by the police. We just annexed it with various accounts submitted before the Commission by various parties.” He asserted.  
 He said the impression was given in the print and electronic media attributing to the Commission the objectionable remarks against the family and the women. “I am saying with full confidence and authority that not a single derogatory reference has been made about the family of the two women in the report,” he said. 
 Justice Jan said the Commission had not even mentioned or referred to the police account in its report or recommendations. Had the government circulated the hard copies of the report, instead of the soft copies, there would have been no confusion, he said.  
 On page 95 of the final report, Justice Jan said, the Commission had clearly stated that the SP had presented the possible parameters of the investigation and they were placed on the annexure Z-2 of the final report. He said the Commission report was based entirely on its own records. “The Commission didn’t take help of the investigating agency as its report had raw information and it couldn’t have been used without verification,” he said.
 When constituted, the Commission was given staff of 20 policemen headed by the SP. The SP and other police officers were in the field collecting details. The Commission examined 40 witnesses while as the police investigating team attached with the Commission collected details of 4000 phone calls and other material. 
 Justice Jan insisted that he had not taken any evidence of the investigating agency on record. He described the manner in which the government disseminated the Commission findings as “sheer carelessness.” He said the government should distribute the hard copies of the Commission findings to clear the confusion. However, he insisted there was no foul play and that “it might have happened by default not by design.”  
 Meanwhile, the superintendent of police, Dr Haseeb Mughal, who assisted the Commission, had a different take on the issue. “I was simply assisting the Commission and not holding any separate office. So whatever the findings the report contains, these are from the Commission itself. It was not Haseeb Mughal in person doing anything other than assisting the Commission,” he told Greater Kashmir on phone, adding, “It was the job of the Commission to screen the contents of the report before making it public because it was a team work that we were doing. Otherwise it was the Commission that was probing the case.” 
 “And you wouldn’t find any signature of mine on any part of the report,” he said.  
 However, Justice Jan owned the part of the report in which he has sought firm guidelines for press to ensure that before publication of any news, the authenticity of the news be verified.” He said the government could accept or reject the recommendations about the press.

Saturday, July 11, 2009

Can any Kashmiri ever be an Indian?

Following article was published in Greater Kashmir in response to Farah Pandit's article in the same paper wherein she stated she is proud Indian


By saying that “she is proud to be an Indian”, Farah Pandith either thinks that India is not to be blamed for what has happened or is happening in Kashmir or she treats Kashmiris as inconsequential and their sufferings futile, Abid Khan responds to Farah Pandith’s article “Of thee I sing.” 


WHEN one makes one’s views public they no longer remain personal. On a page of newspaper, they are directed at a certain reader, who assimilates them, processes them consciously and subconsciously, and then responds to them if the need be. Ms Farah Pandith in her recent article published in Greater Kashmir has unilaterally praised America’s tradition of secularism, tolerance, its cultural heritage and history. With this one should have no problem, as people have a fundamental right to love their nations, though she shouldn’t forget that it is the same country that made people like James Baldwin run away from it in search of a refuge where they can rest or even collapse comfortably, where people don’t refuse to see them because they are blacks, where they are not Ralph Ellison’s Invisible Men.
 To a Kashmiri this is hardly of any concern what Ms Farah thinks of America or whether she loves it or hates it, what would make a Kashmiri sulk and scowl is when she claims that she is proud to be an Indian. This is because she claims to have come from Kashmir, a land whose inhabitant can not ignore its continuous bleeding since last 20 years, a land kept under a chronic and suffocating oppression, a land of bunkers, of massacres. It is not hard to guess for how long Ms Farah has stayed in Kashmir her whole life, she has had “repeated trips” to Srinagar to meet her grandfather and she also knows Kashmir through Google Earth, thanks to Sergey Brin and Larry Page for giving us this tool.
 What one gets from Ms Farah’s account is that she is proud to be a Kashmiri and an Indian. As a Kashmiri who grew up under oppression and violence I feel a moral responsibility to confront her on this. This statement left me with in an acute and writhing restlessness, a kind of urge to cry out- you can not say this. When Edward Said wrote Orientalism, he used Gramsci’s concept of hegemony and effective critique. The best and the most effective critique, wrote Gramsci, begins when the writer understands himself as a product of historical process, a process that leaves its traces without necessarily leaving an inventory of them. Orientalism was thus Said’s own account, his own inventory of “infinite traces” that decades of dispossession and exile inflicted on him. For most of his life Said lived in the United States but his psychological proximity with Palestine’s occupation and suffering of its people was as intense and immense as that of its inhabitants. It was the sense of this pain that made Said to take up the challenge of disproving Israel’s claim that Palestinians don’t exist and also disproving Europe’s representation of the East. Even though Said lived in America but he always thought of himself as a product of Israel’s gory occupation of Palestine. I don’t know what Ms Farah thinks of herself with respect to the spans of history, but her conjugation of the idea of India and idea of Kashmir is simply not fair. It becomes imperative for me here to ask Ms Farah few questions: Has she ever seen a Kashmiri father shouldering the dead corps of his only son killed by the Indian military forces? Has she ever tried to feel the pain of family whose daughters were raped and murdered by India military forces? Has she seen in the eyes of a mother who is still searching for his son who never came back after he was taken by army ten years ago? All these questions reflect a very small portion of that monstrous oppression which has affected Kashmiris over decades now.
 Ms Farah, as an intellectual, has a moral responsibility to ask herself these questions and then rethink her statement. Kashmir for her seems to be an imagination, a tiny spot on Google Earth. Her mother was a doctor in Delhi 40 years ago and later lived her life in United States, reflects a bourgeoisie life style that never came close to what Kashmiris went through in last two decades. However, the oppression weighs so heavy on Kashmiris that, for a sane person, it is not difficult to imagine its magnitude. When you hear a Kashmiri saying that he or she is proud to be an Indian you can not hold back from questioning his/her integrity and politics. Ms Farah has quoted one of the architects of American constitution- Thomas Jefferson, who along with other great men that included George Washington, Benjamin Franklin, John Adams, and Samuel Adams, made the Americans understand the value of freedom , value of having one’s own country . These men made American people believe that they can live with out British- their colonizer. For these men saw the oppression and therefore knew the value of freedom. Ms Farah has to come and see the deserted streets of Srinagar; she has to feel the shadow of those bunkers, barbed wire on the roads, she has to ask a Kashmiri what is freedom, she has to talk to a mother whose son is disappeared, she has to see Kashmir from Kashmir. She sees to be oblivious of the tragedies of Kashmir, rapes of Kunan Poshpora, rapes and molestation of so many Kashmiri women by Indian troops, massacres of Gawakadal. Sopore, Bijbehara and the recent and ongoing Indian repression in Kashmir, reflected in the ghastly killing of Kashmiris by Indian forces in the cases of Bomai, Varmul, Downtown, Shopian, Maisuma etc.
 It is painful when someone denies your suffering and when the person is one of your own, it is tragic. Ms Farah has said that she is proud to be an Indian; the immediate interpretations of this are- either she thinks that India is not to be blamed for what has happened and what is happening in Kashmir or she thinks of Kashmiri’s as inconsequential and their suffering does not mean anything to her. It is only under these situations that a Kashmiri will say that he or she is proud to be an Indian.
 It would have been more realistic on Ms Farah’s part had she explained what makes her to be proud of India. Is it the men like Raja Ram Mohan Roy, Swami Vivekananda, Mahatma Gandhi, and Jawaharlal Nehru or is it India’s civilization, Vedas and Upanishads, or is it the murder of Mahatma Gandhi, the massacre of Sikhs in Delhi, massacre of Muslims in Gujarat, Bulldozing of Babri Masjid, is it the blind oppression in North East, or is it Kashmir.
 Ms Farah says that she has studied history. Knowing this, I fail to understand how she can misinterpret the history of subcontinent, especially the history of Kashmir. I use the word “misinterpret” again to point to her statement that she is proud to be an Indian (as a Kashmiri). How can she be so determinist in her thought towards India while being a Kashmiri?
 I should mention Huizinga here, he writes: “The historian must always maintain towards his subject an indeterminist approach, he must constantly put himself at a point in past at which the known factors still seem to permit different outcomes, only by continually recognizing that possibilities are unlimited can the historian do justice to the fullness of life.”

(Abid Khan is doing his Masters in Political Science in Delhi)

Jan Commission 'Findings'

Jan Commission was equipped to 
find out what happened and make recommendations for future improvements, instead it said nothing but confused the critical issue. Even blamed the family. Here are excerpts of the report, if at all, it is worth calling the report 
----------------------------

"Considering the overall facts and attendant circumstances of the present incident, it appears that the deliberate inaction of police left un‐explained, is not a bonafide omission, caused by an error of judgement, or a genuinely wrong interpretation of statute, or a mistaken notion of procedure, but seems to be a deliberate attempt to dilute and mellow down this incident. 

Weighing the pros and cons of the consistent connivance, in the initial stage of investigation, by the investigating agency, and the subsequent cover up and manoeuvring by the local police, showing no seriousness in the incident, leads to the irresistible inference that the police had more to hide than to reveal. The only aspect that has to be considered is, why should the police try to cover up facts from the public gaze, was it because of incompetence, or indifference or out of fear of public exposure.
In the statements of all police witnesses, it is admitted that they were aware of the procedure to protect the evidence. It cannot by any stretch of imagination be held that all officers were, incompetent or ignorant of law, and in any case ignorance of law is no excuse. The police concerned do not appear to be indifferent. All the officers of the department stood by the theory of death by drowning
with full knowledge, and belief that no one in the recent, or past history of Shopian has died due to drowning in River Rambi Ara. The official statement of drowning does not convey the mindset of indifference, but depicts an active, intelligent and conscious effect to divert the attention of public from the actual and factual cause of death.
The dead bodies of both Neelofar and Asiya were deposited at two spots in the river Rambi Ara, which area is by day and night watching by security guards of police and CRPF. It does not appeal to reason that an individual civilian would, on his own, take a grave risk of detection, by carrying the dead bodies in the early hours of the morning of 30th May, 2009 between 2.30am to 5.30am, with full knowledge that his suspicious movements at odd hours would attract the attention of security guard,s posted in the area, unless the person would be sure of connivance from the watchful vision of the guards. 
In the normal course of human conduct, any person intending to get rid of two dead bodies in a hurry, would attempt to deposit the dead bodies at the nearest available spot, the person would normally leave sufficient trails to trace the culprit.
In the present case, the disposal of dead bodies in the centre of security ring, with mathematical precision and like surgical operation to ensure that no visible trails are left, cannot be said to be the handiwork of a private individual but would need the support of some agency.
The Commission, being aware of its delicate duty to uphold the majesty of law, has also a duty to identify the person or persons, who may, under law, be responsible for the present ruthless crime.To identify the real culprit, extensive investigation, by a competent and
dedicated team of professional investigators, with all modern facilities, is required. The intensive investigation is bound to take some more time. The Commission with time constraint of a few days more, and limitations to confine its report to the points under reference, thereby restricting the jurisdiction of the investigation, the Commission cannot undertake detailed investigation, which may require raids, search, arrest, detention for sustained interrogation of number of persons suspected of the commission of the crime.
Although conclusive evidence to identify the culprit, has not been furnished before the Commission because of unfortunate obstructions caused by certain dissenting political parties in the working of the Commission, yet there is material on the file to hold, that the involvement of some agency of J&K police, in the present incident, cannot be completely ruled out.
The reference (ii) (b) is accordingly answered.
Justice Muzaffar Jan (Retd.)
One Man Commission of Inquiry Camp Shopian July, 2009
Word of Thanks:
Submission of report of the Commission, in spite of surmounting difficulties presented on all sides, has substantially been materialized. The relentless efforts made by diverse, dissenting, political parties and even some disgruntled sections of the society, left no stone unturned to hamper the working of the Commission, either by persuading the witnesses to abstain from associating with the working of the Commission, or by utilizing social pressure to almost boycott the proceedings before the Commission. Inspite of the practical difficulties on ground, time constraint and the continuous suspension of communication and commutation facilities, 39 witnesses appeared before the Commission to assist in collection of facts for compilation of this report to answer points under reference.
In this task, the cooperation of the Divisional Commissioner, Shri Masood Samoon was commendable and deserves thanks of the Commission. The Inspector General of Police, Kashmir Dr. B. Srinivasan took all pains to ensure safety of the Commission during the commutation and inspection of various spots. The Deputy Commissioner, Shopian Shri Abdul Majid Khanday, with his sincere smile, was a source of inspiration, moral support and help at all times to the Commission. The Commission expresses special gratitude for his assistance, cooperation, courtesy and help during entire period of more than a months stay of the Commission in Shopian. Special thanks are also extended to Superintendent of Police Shri Shahid Mehraj for providing security though, it was entirely because of the bad aim of the stone pelting urchins, that couple of stones hit some vehicles of the Commission and they missed most of the vehicles.
101 Special thanks are due to Dr. Haseeb Mughal, S.P, who assisted the Commission with professional competence, sincerity of purpose, dedication and tireless energy. Dr. Mughal not only assisted the Commission, during investigation but also helped in compilation of the report at all stages. Thanks are also due to Mr. Abdul Majid, Chief Prosecution Officer, who assisted the Commission with his known professional competence, dedication and sincere efforts. His knowledge of law and procedure was of considerable help and facilitated the submission of the report."
Report blames family
The report has recommended interrogation of the deceased Neelofar’s husband Shakeel Ahangar and his friends, suspecting his hand in the “planning and execution” of the May 29 incident.  
From the report: 
Shakeel Ahmad Ahangar was working with his brothers at Welding workshop at Shopian. He eloped with Neelofar Jan in the, 2007 and went outside Shopian-----. After his return to Shopian he started his own business by opening a shop of readymade furniture items near Police Station Shopian after this he separated from his brothers and started a separate kitchen. He was also looking after the education and expenses of his two sisters Roomi Jan and Asiya Jan ------. After few days he was blessed with a male child thereby adding additional load to his family expenses. In Oct, 2008 he purchased an orchard (1-Kanal, 16-Marla) in Nagbal-Dehgam for about 5.30 lacs.
He also owns a Maruti car and maintains a good living standard.
Further it is learnt that he does not carry a good reputation among the society and is being known for his immoral activities. His assets are quite disproportionate to his known source of income, thus requiring in depth investigation to work out the possibility of Shakeel and his friends/associates in the present incident.
Developing contact by the deceased at Nagabal: The examination of witnesses has suggested that Neelofar Jan, Roomi Jan (other sister of Shakeel, who was a frequent visitor to the orchard along with Neelofar) and Asiya Jan were frequently visiting the orchard. 
Shakeel Ahmed Ahanger, not a good character person, known for his ill deeds and have accumulated huge property beyond his known source of income. He has come to know about this relation, which could have led to the planning and execution of this incident. Needs thorough interrogation of Shakeel his friends and associates to find out the truth. (SIC)
"Special thanks are also due to Mr. Mukhtar Ahmad Wani, Secretary, his sound experience in the legal field, his worldly wisdom, and matured suggestions were of immense help and provided support to the Commission at all times.
Additional Deputy Commissioner, Shopian Shri Mohammad Yousuf Zargar took care of the entire staff of the Commission and ensured the safe stay in spite of continuous closure of the market and other essential supplies including stationery. The Commission adequately thanks Mr. Zargar. Although Executive Engineer, PHE Department did nothing initially to prevent supply of raw water, used by the staff of Commission for drinking and consequently most of the staff members went down with dysentery and diarrhea, but it was only after intervention of the Hon’ble Minister, PHE that clean potable water was provided for drinking of the staff of the Commission.
The Executive Engineer, PHE needs to be made aware of his duty to wake up to the sensitivity, in which the Commission was to function. The Commission thanks the staff of the Circuit House, Shopian and all other agencies for their sincere efforts to help the Commission in executing the task in difficult and tense atmosphere.
The Secretary of the Commission will separately convey the appreciation of the Commission, expressed above, to all concerned, after the report is submitted.
Justice Muzaffar Jan (Retd.)
One Man Commission of Inquiry Camp Shopian, July, 2009
Negligence of Investigating Agency:
When the dead body of Neelofar was recovered, police was present on spot, yet no direction was given to the public, who had gathered on spot, not to touch the dead body and not to approach the place where the dead body was lying, and not to cover the dead body with any cloth. Without taking essential precautions, dead body was shifted to hospital for post mortem examination.
The dead body of Asiya was found resting on two boulders. In this case also, no steps were taken to ensure that evidence, which might have been available around the place of the dead body is not disturbed. The photographs of the dead bodies were not taken at the exact spot, from where the dead bodies were recovered, in the same clothes in which the dead bodies were found.
The dead body of Asiya was pulled out of the river and covered with a blanket and dead body of Neelofar was wrapped in a pheran and then photographs were taken on the shore.
The injuries, which were visible to naked eye on visual inspection of the two dead bodies, were not recorded. The site plan was not prepared meticulously taking care, that all the vital details are shown in the site plan. There is an approach motorable road existing at both the places from where the dead bodies were recovered, but in both the site plans, the approach roads have not been shown. The questionnaire, which is essential to be prepared for the doctors to answer, who performed the autopsy, was not prepared for either of the two dead bodies. No mention in the injury report or in the questionnaire to the doctors is made of the weapon which could have caused the injury on the head of the Asiya.
The depth of river has not been measured, to verify whether the river was deep enough to drown either of the two girls. Investigating agency has not ascertained from either team of the doctors, conducting the post mortem of the two dead bodies, whether all the samples, required by Forensic Science experts, have been taken from both the dead bodies, before the burial of the dead bodies. The certificate regarding presence of spermatozoa was prepared and duly signed by Scientific Officer of Forensic Science Laboratory on Ist June, 2009. The dispatch of certificate was delayed by five days and meanwhile no reminder seems to have been sent to Forensic Science Laboratory. Doctors conducting autopsy, did not send the samples of heart and brain of both the dead bodies, for Forensic Science Laboratory analysis.  The District Magistrate, Mohammad Ramzan Thokar admits that if FIR could have been filed on 30th May, 2009 and investigation started in the right direction, there would have been no law and order problem in the district. It is also admitted by the District Magistrate, that although he informed the S.P Javed Iqbal Mattoo to register an FIR, but he refused to do so. The fall out of initial defective investigation, subsequent delay in filing an FIR, and the immature handling of the high tempers of public, and their emotional outburst, engulfed the entire valley observing hartals for eight days, in which two lives were lost.
In the town of Shopian, the offices, schools, colleges, business establishments, civil amenities even hospitals are closed since last 29 days. The image of the police department has been adversely affected by the incident. The anger and hatred, generated by dissenting political parties, has completely alienated the public from the administration.
The collective resentment, anger and un‐controlled violence, could have been avoided if sufficient preventive measures had been taken by the police, the team of doctors, one Scientific Officer of Forensic Science Laboratory and the District Magistrate of Shopian.
Legal aspects of investigation:
On the analysis of above admitted facts, it appears that the investigating agency, ie., S.I, SHO, Dy.S.P and S.P are unaware of the mandatory provisions of Section 174 CRPC, Rule 580 of Police Manual, Rule 614 of Police Rules & 157(b) CRPC. To appreciate the involvement of the officers of investigating agency, the perusal of relevant rules and procedural requirements will make the position clear. The provisions pertaining to investigation as envisaged in Police Rules, are reproduced hereunder;
1) “Rule 580 of J&K Police Rules‐Dispatch of officer to the spot”:
When a report of a cognizable case is recorded and it is decided not to dispense with investigation under section 157(1)(b) Criminal Procedure Code, a Police Officer shall proceed to the scene immediately. The officer who first proceeds to the spot shall, if he be not competent to complete the investigation, take all possible steps to preserve the scene of the crime from disturbance to record particulars of and secure the presence of potential witnesses, obtain information relating to the case and arrest the culprit. 
2) “Rule 615 of J&K Police Rules‐Investigation Officer’s action at scene of death”:
On arrival at the place where the body of deceased person is lying, the Police Officer making the investigation shall act as follows:‐
1. He shall prevent the destruction of evidence as to the cause of death; 
2. He shall prevent crowding round the body and the obliteration of footsteps;
3. He shall prevent unnecessary access to the body until the investigation is concluded;
4. He shall cover up footprints with suitable vessels so long as may be necessary; 
5. He shall draw a correct plan of the scene of death including all features necessary to a right understanding of the case;
6. If no surgeon or other officer arrives, he shall together with the persons conducting the investigation, carefully examine the body and note all abnormal appearances;
7. He shall remove, mark with a seal, and seal up the clothing not adhering to or required, as a covering for the body; all ornaments and anything which may have caused or been concerned in the death of the deceased and shall make an inventory thereof.
In the inventory there shall be described the position in which each thing and any blood stain, mark rent, injury or other noticeable fact in connection with such thing.
3) “Rule 617 of J&K Police Rules‐The inquest report”:
(1) When the investigation has been completed the investigating officer shall draw up a report in Form 152 A,B or C accordingly as the deceased appears to have died;
A. From natural causes.
B. By violence
C. By poisoning
(2) Such report shall state the apparent cause of death, give a description of any mark or marks of violence which may be found on the body and describe the manner in which and the weapon or instruments with which such marks appear to have been inflicted.
(3) The report shall be signed by the Police Officer conducting investigation and by so many of the persons assisting in the investigation as concur therein and shall be forwarded without delay through the Superintendent to the territorial magistrate.
The following documents shall form part of such report:‐
(a) The plan of the scene of death;
(b) The inventory of clothing etc;
(c) A list of articles on and with the body, if the body, is sent for medical examination;
(d) A list of articles sent for medical examination, if any.
In cases of death by hanging the report shall give particulars as to the height and sufficiency of the support and the nature of the thing used to bear the weight of the body.
In drowning cases the depth of the water shall be stated.
From plain reading of the rule, it is laid that on completion of the investigation, the report must state the details of description of marks of violence or injury and the weapon used to cause the injury. The report must be immediately forwarded to Superintendent alongwith site plan of the scene, inventory of clothes, list of articles sent for medical examination. In case of drowning, the depth of the water must be stated.
4) “Rule 614 of J&K Police Rules‐Investigation under section 174, Criminal Procedure Code:”
The above rules categorically provides that the inquest proceedings must be conducted on spot, and all measures must be taken to prevent destruction of evidence as elaborated above. It is also provided that after the report is prepared, the same has to be handed over to doctor alongwith the dead body for conducting post mortem examination.
5) Rule 580 of Police Manual is as under;
“When a report of cognizable case is recorded and it is decided not to dispense with the investigation under section 157 (1) (b) CrPC, a police officer shall proceed to the scene immediately. The officer who first proceeds to the spot shall, if he be not competent to complete the investigation, take all possible steps to preserve the scene of the crime from disturbance to record particulars of and secure the presence of potential witnesses, obtain information relating to the case and arrest the culprit”.
The rule specifically provides that all steps must be taken to preserve scene of crime from disturbance.
Section 157 (B) of CRPC gives wide powers to an officer incharge P/S to refrain from investigating in un‐important cases, but it mandates every officer incharge of Police Station, on receiving information of commission of offence, to evaluate the intrinsic importance of the alleged offence, sensitivity of allegations and the expressed pleas of the complainant, even if the complaint may initially appear to be trivial, but may if investigated with professional competence, dedication and impartiality lead to collection of valuable and relevant material to commission of a heinous crime and justification of registration of FIR, resulting in conviction of the accused. This discretion is bound to prove fruitful at a later stage for future preventive crime. 
Rule 579 of police manual provides “ in practice it is seldom advisable for any officer of the Police station to avail himself of the powers to refuse investigations, which power the law gives him” but Rule 579 clearly lays down that the officer incharge police station may refuse to investigate a case, but must avoid refusal to investigate and preferably exercise the powers given under the Act to proceed to investigate the case.
Admissions of Officers of Investigating Agency:
All the witnesses i.e. S.I. Gazi Abdul Kareem, SHO Shafeeq Ahmed, Dy. S.P. Rohit Baskotra and S.P Javed Iqbal Mattoo have admitted that the dead bodies were removed from the spot, where they were found before taking the photographs, and the possible evidence, that might have been present in the Rambi Ara Nallah was lost.
It is also admitted by S.I. Gazi Abdul Kareem, SHO Shafeeq Ahmed, Dy. S.P. Rohit Baskotra and S.P Javed Iqbal Mattoo that the place where the dead bodies were found lying was not cordoned off to preserve the evidence, which would have been available on spot.
SHO Shafeeq Ahmed, Dy. S.P. Rohit Baskotra and S.P Javed Iqbal Mattoo have also admitted that they have not examined the dead bodies of either Neelofar or Asiya personally to examine the injuries, which were apparent on the bodies and could have been recorded at the earliest.
The S.I. Gazi Abdul Kareem, S.P Javed Iqbal Mattoo and DIG Rajesh Kumar have admitted that they have not sent any reminder in writing or made any effort to follow up, and ensured the speeding up of the opinion of Forensic Science Laboratory in order to prevent delay and speed up the investigation.
The S.I. Gazi Abdul Kareem and SHO Shafeeq Ahmed have admitted that the details and nature of injuries and the weapon used to inflict the injuries have not been written in the injury memo and no questionnaire has been sent to the team of doctors, who performed the post mortem.
Remedial Measures:
In the facts and circumstances as discussed above, the Commission recommends as under;
1. In the investigation of sensitive cases, the investigation should be entrusted to competent officers of established integrity and impartiality to gain the trust and confidence of the citizens. The officers at all levels should be sensitized to the idea of accountability to the people.
2. Strict monitoring must be maintained to prevent corruption, brutality and failure to register cognizable offence of serious nature by the police.
3. Police, public relations must be developed by imparting qualities of impartiality, integrity and cordial behaviour in the police stations.
4. The Government must take a decision regarding recommendations made by the Commissions within two months of the receipt of the report, and publish the same for information of the public. This exercise will generate trust and faith of the people in the system and also will reflect transparency of the Government.
5. The political patronage in posting of officers at sensitive places may not be encouraged in order to safeguard the operation of the Criminal Justice System independently and impartially.
6. Special Investigation Cell in the Police Department may be created, at State level to monitor the progress of investigation of rape cases and other cases involving public sensitivity and involvement.
7. All the complaints against police agency should be examined by their superior officers and disposed of immediately without delay.
8. Serious complaints against police of following nature should be enquired by Judicial Officer, not below the rank of a Session Judge.
a) Alleged rape of women in police custody;
b) Death or grievous hurt caused while in police custody;
c) Death of two or more persons resulting from police firing in the dispersal of unlawful assemblies.
9. Directions must be given to the superior officers for cordial behaviour with the subordinate officers, because the psyche in which police persons at lower level behaved towards public, is largely conditioned by the manner in which they are themselves treated by their superior officers.
10. The S.P, DIG and IG should be required to undergo short term specialized course in investigation of crime by scientific methods to enable them to have an effective superintendence and control on their subordinates.
11. A capsule crash course may be conducted, requiring all the police officers to have the basic knowledge of the methods of
identification, preservation and collection of evidence by modern scientific methods during investigation.
12. All the officers above the rank of SI must be fully trained with the latest scientific methods of collection of evidence like finger prints, foot marks and identification of foreign material around the place of occurrence.
13. All investigating officers, who are not law graduate must be required to acquaint themselves thoroughly with the basic requirements of the relevant chapters of CRPC, Police laws, Police Manual, circulars  and standing orders issued by the Department from time to time to update their knowledge of investigation. Before posting the investigating officers in an important police station, a preliminary assessment may be made to gauge the legal knowledge of the officer.
14. Raw hands, with no experience of dealing with crime, should never be entrusted with investigation of any serious crime.
15. The ADGP may issue guidelines monthly or fortnightly to investigating agency through zonal officers, emphasizing the directions given by the Hon’ble High Court and Hon’ble Supreme Court in criminal cases regarding the investigation.
16. The investigation of crime must be initiated and completed with the ultimate aim to secure conviction in the court, which serves as a deterrent resulting in curtailment of crime.
17. To ensure compliance with these recommendations, a separate entry may be recorded in the APRs of all investigating officers to indicate the rate of convictions resulting out of their investigation. 
18. Officers from other establishments and Battalions, not having adequate knowledge, experience and training of investigation should
not be posted as head of the investigating agency in a district.
19. Officers with no experience or inadequate experience in dealing with law and order situation, should not be given independent charge of a district with sensitive background.
20. An Accountability Cell may be created under which the DIGs would be responsible to ensure strict supervision of their subordinate staff in the range. Similarly, S.P must be made accountable for the working of the officers subordinate to him in the district.
Delinquency of Doctors:
After the recovery of two dead bodies from river Rambi Ara in the morning of 30th May, 2009. The dead bodies were sent for post mortem to the District Hospital, Shopian. The first team of doctors, who conducted the post mortem was of Dr. Bilal, Dr. Nazia and Dr. Bilques. It seems that on the demand of the relations of the deceased ladies and the public in general, a second team of doctors, consisting of Dr. Mohammad Maqbool, Chief Medical Officer, Dr. Ghulam Qadir Sofi and Dr. Nighat were deputed to conduct post mortem. During the course of inquiry, it has been found that the skull of dead bodies of Neelofar and that of Asiya were not opened and the samples of brain and heart were not taken from both the dead bodies for analysis by the Forensic Science Laboratory. Dr. Nighat, member of the second team of doctors who conducted the autopsy, has submitted representation in writing stating therein that she was informed in the morning of 30th May, 2009 verbally by Medical Superintendent to accompany CMO Pulwama and Deputy CMO, Pulwama to conduct Gynaecological examination of two dead bodies only to ascertain whether any sexual assault has been committed.
From the scrutiny of the statements of doctor witnesses, it appears that first team as well as the second team of doctors who conducted the post mortem examination have not taken the complete samples as per professional requirement to ascertain actual cause of death.
Remedial Measures for Doctors:
With a view to ensure that in future the post mortem examination of all dead bodies are conducted in a professional, fool‐proof and approved manner, the Government may consider to identify a set number of doctors in each district, who are fully qualified, competent and possessed of adequate past experience to conduct post mortem examinations. Guidelines may also be provided requiring the doctors to:
1. Mortuary well equipped with sophisticated tools required for collection and preservation of samples from victims/dead bodies be established at all District Hospitals.
2. A Check list board displaying the list of samples to be taken, test/examination to be carried out and preservation procedures be
displayed in all the Mortuaries in every District Hospital so that  No point/test is missed by the doctors during the examination.
3. It should be mandatory for the medical team to collect all the samples during post mortem in duplicate and in sufficient quantity, as same can to utilized for various types of forensic laboratory tests/examinations. This will avoid the unnecessary exhumation of a dead body.
4. Prepare an Exhaustive list of the items/samples that are required to be taken from the dead body in advance for reference;
5. Prepare an advance check list of changes to be observed on visual examination of the dead body, for ready reference;
6. Anything observed on visual examination must be immediately recorded while performing the post mortem examination, recording must not be deferred till completion of the post mortem.
7. The samples must be properly stored, sealed and labelled for identification in presence of a Magistrate/witness as per requirement of
law. 
8. Use of plastic jars, plastic bottles for collecting and preserving the vital samples be avoided at all costs, as it can cause chemical changes on long storage and can be tempered by the interested parties.
9. Videography and still photography of the whole procedure of Post Mortem be made mandatory for the District Hospitals as their proper record can help doctors as well as investigating agency in subsequent investigation, in case any point requires clarification and re‐examination. This can be cited as an evidence also before the Hon’ble Courts in support of the investigation.
10. There is a need to create a post of Forensic Medicine Expert in every District Hospital for carrying out exhaustive medical examination of all rape, murder, suspicious deaths and other heinous crimes. In the absence of an expert, the senior most and experienced doctor be nominated to conduct examination of such victims/dead bodies.
11. It should be mandatory for the Medical team posted in the district to rush to the spot along with the investigating agency to examine the dead body on spot, especially in cases of death under suspicious/unnatural circumstances, as transportation and post mortem handling can add many injuries and other changes in the dead bodies. Examination of such cases be designated as “Priority job” for District Hospital.
12. In all such cases, presence of a magistrate and civil witnesses should be made mandatory while collecting and persevering/sealing samples and while performing such examinations/post mortem.
Remedial Measures regarding District Magistrate:
Rule 24 and 25 of J&K Police Manual are reproduced for reference as under;
Relation between Police and Magistrate: Rule 24. The District Magistrate:
The District Magistrate is the head of the criminal administration of the district, and the police force is the instrument provided by the Government to enable him to enforce his authority and fulfil his responsibility for the maintenance of law and order. The police force in a district is, therefore, placed by law under the general control and direction of the District Magistrate who is responsible that it carried out its duties in such a manner that effective protection is afforded to the public against lawlessness and disorder. In the exercise of his control the District Magistrate is required to inspect police station. He shall exercise no executive authority in matters, which concern solely the internal administration and training of the force, or in questions of discipline as between police officers and their departmental superiors, but his general control extends to all other matters. In all that affects the relations between the police and the public or the keeping of the public peace, the District Magistrate must be consulted and his orders complied with. 
He may (a) require the Superintendent to furnish him with any documents relating to the conduct of any subordinate enrolled police officer in any case in which conduct or character of such police officer is likely to affect his dealings with the public or the prevention and detection of crime; (b) direct the Superintendent to enquire into any allegation of misconduct or neglect of duty on the part of any subordinate enrolled police officer in any case in which such misconduct or neglect of duty affects, or is likely to affect, such officer’s dealings with the public, or the prevention and detention of crime, and to submit the record to superior police authority; and (c) direct the Superintendent to furnish information on any matter connected with crime, the criminal cases, the prevention of disorder or the distribution of the police force, or any other matter not connected solely with the internal administration of the force. 
In exercising his powers of control, the District Magistrate should avoid doing anything to weaken the authority of the Superintendent. All communications between the District Magistrate and the police shall, whenever possible, be conveyed through, and all instructions and orders to them shall similarly be issued from the Superintendent.
Rule 25 Duties of Superintendent towards District Magistrate:
The primary duty of the Superintendent of Police is to afford the District Magistrate the utmost possible assistance, both himself and through the police force under his command, in the preservation of the peace and the prevention or detection of crime. He shall keep in close and constant personal touch with the District Magistrate and shall keep him fully and promptly informed both by personal conference and by written reports of all matters relating to crime and public order. While it is his duty to initiate action by the police in such matter, he must keep the District Magistrate informed of all developments in such matters.
The Superintendent of Police shall keep the District Magistrate informed of his movements generally when away from headquarters, and shall conform to his wishes should the District Magistrate, for reasons connected with the law and order situation of the district, require the Superintendent of Police to proceed to any place in the district or to remain at headquarters at any time. 
The District Magistrates must be made aware of the responsibility for administering Criminal Justice System in the district, and their powers to inspect police stations, and report any irregularity to the Superintendent of Police for redressal, as provided under Rule 24 and 25 of J&K Police Manual.
The District Magistrate must also be made aware of their powers under Criminal Procedure Code so that they deal with any law and order problem effectively under law. As a general policy, the Government may consider appointment of senior seasoned and competent officers, with long field experience as District Magistrates of sensitive district. 
Recommendation against disgruntled constable:
Syed Zeerak Shah, a constable No.(359/T) in Traffic Department at present driver of Gypsy with Dy.SP Farooq Ahmad Zargar, Anantnag Range has in his statement, before the Commission admitted that he slapped Dr. Bilal when Dr. Bilal was on duty conducting post mortem of the dead bodies. 
The constable is said to have been instigating the public and blocking the Highway to voice the protest against the Government. A departmental enquiry may be initiated against the constable, for indulging in political activities, violent protests and professional misconduct, separately. The constable may be placed under suspension, and an FIR for slapping the doctor on duty, under relevant provisions of RPC, may be filed against the constable, to ensure discipline and restrain in the belt force, and to improve the image of the police department.
Press recommendations:-
1. Although we have good number of matured and reasonable journalists representing various leading news papers, but at times unconfirmed and incorrect information is fed to print and electronic media to flare up the sentiments of the public.
2. The print and electronic media gave wide publicity to the last mobile call of Neelofar to her husband, alleging that she was
being chased by CRPF persons around 7.00 PM on 29th May, 2009 near Rambi Ara River.
3. Shakeel Ahmad (husband of Neelofar), Syed Zeerak Shah (brother of Neelofar) and Posha (cousin sister of Neelofar) in one
voice have stated in their statement before the Commission, on oath that Neelofar did not have any mobile phone, and never
called, alleging chase by CRPF persons. The investigating team of the Commission, scrutinized 32686 calls and found that
Neelofar did not have a mobile phone on 29-05-2009.
4. It was also reported in the press that Neelofar was pregnant, but on post mortem examination of Dr. Bilal he found
that Neelofar was not pregnant. 
5. The area of orchard in the press was shown in hundreds of kanals, with thousands of fruit trees, but on inspection of the
orchard, the orchard initially a migrant property was found measuring 1 kanal and 16 marlas under khasra No. 158, Khewat
No. 630 is in a dilapidated, neglected condition, full of weeds, wild grass with nearly 35 fruit trees in a bad shape. As the
incorrect reporting directed against the administration, causes law and order problems, it would be expedient if firm guidelines
are enacted and circulated to ensure that, before publication of any news, the authenticity of the news be verified.
6. It was reported in the press that the garments of the dead bodies were torn. During enquiry it was found that the Ferak and
Shalwar of both the dead bodies were not torn as reported in the press.
7. It was reported in the press that Asiya had a “Sindoor marke” on her forehead. During enquiry it was found that there
were a grave injury of 3 inches long and 2 inches wide 1 cm deep on the forehead of Asiya, which was bleeding even at the
time of post mortem. The flow of blood on the forehead was shamefully distorted and projected as mark of “Sindoor”.
8. It was projected in the press that Constable Mohammad Yaseen made number of calls while conducting the search of
death bodies on 29th/ 30th of May 2009. On call analysis of the Mobile No. 9419927653 of Constable Mohammad Yaseen, it was
found that he had made only four calls during the day and no calls were made by the constable from 10.00 P.M on 29th of May
to 6.00 A.M on 30th of May, 2009.
9. It was reported that there were multiple injuries on the dead body of Neelofer, both the team of doctors have given
consistent statement that there were no visible external injuries on the dead body of Neelofar.
10. It was widely publicized in the press that one Jamal-uddin Gujjar has disappeared. During enquiry Jamal-ud-din Gujjar
with real name as Jamal-ud-din Wani (Gujjar) S/o Yaseen Wani R/o Tatapani, Kalakote is a migrant Gujjar and was actually
found living in a tent, at Dehgam along with his family and is employed as Chowkidar on Islamia Darsgah, Dehgam.
11. Although wide publicity was given that the girls have been gang raped, but during the enquiry no evidence of gang rape
was found by the team of medical experts. 
As the incorrect reporting directed against the administration, cause law and order problems, it would be expedient if firm guidelines are made to ensure that, before publication of any news, the authenticity of the news be verified and after proper satisfaction of the genuineness of the news, it must be published in the newspapers. The reference (iv) is answered accordingly.
Possible aspects of incident (rape and murder of Neelofar Jan and Asiya Jan) to be worked out during the further investigation:
It will be pertinent to mention here that the Commission had no powers to raid, search, interrogate and detain for sustained questioning, any suspects or witness, therefore following aspects need to be thoroughly investigated by the Special Investigation Team constituted for the case. 
􀂙 Police/SFs: As per the statement of the true so called eye-witnesses namely Gh. Mohi-ud-din and Ab. Rashid Pampori and the general public out cry against the role of police/security forces in the incident the matter requires in depth investigation, sustained interrogation of the Police/CRPF personnel to arrive at a conclusion. The role of Police/SFs in the incident can not be rulled out at this juncture.
􀂙 Rift/vengeance between Tukru and Bongam family: In April/May,
2007, Neelofar eloped with Shakeel Ahmad Ahangar against the wishes of her family. It will be in place to mention here that Neelofar
Jan belong to a “Peer” family which is treated in the society with the degree of respect and honour for their upper class status, whereas
the Shakeel Ahmad Ahangar belongs to a “Khaar” family which is included in the other Backward classes of the society. This marriage had given birth to a serious hatred of Peer family towards Ahangar family of Bongam Shopian. It is reliably learnt that Zeerak Shah along with his friends had even threatened the Ahangar family of dire consequences if Neelofar is not handed over to her family. After elopement Neelofar and Shakeel remained out of the Shopian and even out of the State for months together. None of the family members of Neelofar used to visit her in-laws. There are only two or three occasions in last three years where his father, mother and two cousins have visited her during this time. The brother of Neelofar, Zeerak Shah has never visited and never spoken to his sister after she eloped from Tukroo. Till the marriage of Neelofar with Shakeel, he was living in a joint family at Bongam Shopian. But after few days even his own brothers asked him to live separately. This is clear indication suggesting the enmity between the two families. The conduct of Zeerak Shah has been highly suspicious and objectionable after the death of Neelofar and Asiya Jan. He physically assaulted Dr Bilal at District Hospital Shopian and threatened him to disclose the opinion immediately. Even he instigated and provoked the crowd in the hospital against the Doctors and Police and civil administration of the District Shopian. After the burial of Neelofar and Asiya, he pitched a tent at Tukroo and gathered his friends, relatives and other villagers, who used to block the road at Tukroo, smashed the window panes of the civil, government vehicles and raised anti- India and pro-freedom slogans to attract the passersby. It will be in place to mention that the Zeerak Shah is serving constable (359/T) in Traffic Department and is presently posted as Driver with Dy SP Traffic Farooq Ahmad Zargar. In the backdrop of these activities it is required that sustained questioning/interrogation of Zeerak Shah his associates and relatives be carried out so as to work out thepossibility of their involvement in rape and murder of Neelofar and Asiya Jan.
􀂙 Conduct of Shakeel A Ahanger? Shakeel Ahmad Ahangar, his character and background: He was working with his brothers at
Welding workshop at Shopian. He eloped with Neelofar Jan in the, 2007 and went outside Shopian-----. After his return to Shopian he
started his own business by opening a shop of readymade furniture items near Police Station Shopian after this he separated from his
brothers and started a separate kitchen. He was also looking after the education and expenses of his two sisters Roomi Jan and Asiya Jan -. After few days he was blessed with a male child thereby adding additional load to his family expenses. In Oct, 2008 he purchased an orchard (1-Kanal, 16-Marla) in Nagbal-Dehgam for about 5.30 lacs. He also owns a Maruti car and maintains a good living standard. 
Further it is learnt that he does not carry a good reputation among the society and is being known for his immoral activities. His assets are quite disproportionate to his known source of income, thus requiring in depth investigation to work out the possibility of Shakeel and his friends/associates in the present incident.
􀂙 Developing contact by the deceased at Nagabal: The examination of witnesses have suggested that Neelofar Jan, Roomi Jan (other
sister of Shakeel, who was a frequent visitors to the orchard along with Neelofar) and Asiya Jan were frequently visiting the orchard.
Spot inspection of the orchard reveals that the orchard is fenced with CGI sheets from three sides and there is no proper gate for entry into the orchard. There are about 35 small and big fruit trees, without any pruning/cutting and ground is full of weeds. The purpose of their regular and frequent visit to the orchard could not be established so far. It is quiet possible that during these frequent visits to the orchard in last six/seven months, they (but more particularly Neelofar Jan) might have developed some relation with other persons. Shakeel Ahmed Ahanger, not a good charactered person, known for his ill deeds and have accumulated huge property beyond his known source of income. He has come to know about this relation which could have led to the planning and execution of this incident. Needs thorough interrogation of Shakeel his friends and associates to find out the truth.
Summary of Call details:
During the Enquiry 33‐cell phones numbers belonging to some important witnesses, police officers and suspects were analyzed in which total number of incoming calls 14168, incoming SMS 4041, out going calls 9825, out going SMS 4552 making in all 32586 were screened.
The aim of the exercise was to establish the direct or indirect link between the victims and the suspects. The exercise was taken up to know the family relations and degree of intimacy of different witnesses with the victims also. Unfortunately the number of the victims could not be traced out so far and even family has shown its resistance to divulge the same before the commission. The cell phone number of victims could have helped the Commission in working out their links and relations with different persons/suspects and could have helped the investigation in a big way. The mystery whether they were carrying cell phone or not remains to be unearthened? The call details of 03‐cell phones are still awaited. 
The analysis has further helped the commission to ascertain that there was no connectivity between Const. Mohammmad Yasin deployed for search with Police station or any other senior officers including SHO, Dy SP Hqrs and SP Shopian of the Police during the intervening night of 29th/30th May 2009. Further more, there was no connectivity between SHO, Dy SP Hqrs and SP during the night of 29/30.05.2009 was also established through the analysis of the Call Detail Record of these officers."