For this Reason, Jammu & Kashmir govt refuses Rs 10 lakh compensation to human shield victim
Ruling PDP-BJP government cited four reasons for no payment of compensation as recommended by the State Human Rights Commission to a youth from Budgam who was tied to bonnet of a vehicle by army and paraded through many streets in April last year.
In a written reply to a question by National Conference senior leader Ali Mohammad Sager, Chief Minister Mehbooba said no allegations with regard to youth tied with army bonet have been levelled against the state government or any of its functionaries.
“On 13-04-2017, police station Beerwah received an information through reliable sources that a video/audio was uploaded (on social media) displayed on local/national news channels depicting therein that on 08-04-2017 (polling day) one person, namely Farooq Ahmad Dar of Chill Khansahib was tied with ropes on the bonnet of an army Vehicle (Rakshak), followed by a Casper under threat, keeping him under wrongful confinement and making him a human shield etc. Consequently, a case FIR no. 38/2017 u/s 342,367, 506 RPC was registered in police station Beerwah and investigation was taken up. The investigations yet to be concluded,” said Chief Minister Mehbooba Mufti.
SHRC had recommended an amount of Rs.10 lakhs as compensation in favour of said Farooq Ahmad Dar, she said.
“The recommendations of the state human rights commission were considered by the empowered committee in its 28th meeting held on 06-10-207. The empowered committee observed that the grounds in which compensation has been recommended by the commission cannot be accepted for the following reasons,”Mehbooba said.
That no allegations as regards violation of human rights of the applicant have been leveled against the State Government or any of its functionary The State Government has discharged its obligation by registering an FIR No. 38/2017 in the matter at P/S Beerwah and consequently, initiating the investigation.
She said pending completion of the investigation in the matter, the recommendation with regard to payment of compensation to the complainant, shall tantamount to establish the guilt of the accused without affording him an opportunity of being heard.
In penultimate reason, she said that as on date there is no scheme or policy in vogue in the State, which could cover the payment of compensation in the matters like the present case.
“State Human rights commission in its recommendations dated 10-07-2017 has inter-alia, observed that the Commission was handicapped to go into the conduct of the Army, who are allegedly responsible for the incident. Having so observed, the Commission lacks jurisdiction to entertain and adjudicate upon the present matter,” she added.