Sunday, July 19, 2009

JAMMU-KASHMIR POLICE A SAGA OF SACRIFICE and courage TO GO TO JAIL..

Jammu-Kashmir Police ke hum, Janbaaz sipahi hum... (Jammu and Kashmir Police “A Saga of Sacrifice and courage)

This is the song and motto of Jammu and Kashmir Police, braving militancy for last two decades. Nowadays as the militancy is showing a decline, the police have found a new job -- trapping its own men for no fault of theirs.. after Shopian one feels that the motto of Jammu and Kashmir Police “A Saga of Sacrifice and courage” needs to be changed to A Saga of Sacrifice and courage TO GO TO JAIL..
Shopian case – alleged rape and murder of two women – reminds me of a bed time story where an innocent is hanged because his neck fit the noose…though my granny narrated this story in a hilarious way but I realised the ugly face recently when I found four policemen behind bars – thanks to a High Court order, unheard in the legal history of this country.

Superintendent of Police Javed Iqbal Mattoo and his Deputy Rohit Baskotra might have questioned their wisdom of serving in Kashmir when Kashmiri officers were either running away from fighting militancy or having a prize posting using political clout. An analysis of posting and transfers of police officials has seen that so called promote IPS officials from Kashmir division have either chosen to remain confined to police headquarters or administrative division or posting in Delhi while the war against terrorism in the valley.

Ironically, poor Baskotra was away in Anantnag for five days when the alleged rape and murder case had taken place and Mattoo was trying to get a proper post-mortem report so that a decision could be taken as to how the investigations should proceed. What could Mattoo or the SHO do when the doctor decided to chicken out and did not give a proper autopsy report?

I guess ever since the bodies of two ladies were recovered on May 30, the entire administration has been trying to find a scapegoat in police – ignoring the heavy presence of Jamaat-e-Islamia cadres in Shopian area. The police did not even get time to find the culprits as people poured down in dozens and dozens. Eh! What was this…pro-Pakistan slogans, pro-independence slogans, demand for withdrawal of security forces in the area…did anyone realize that the protests were for women, who were allegedly raped and murdered. Time and again Kashmir has been a witness to such mockeries, where vested interests have used such occasions to raise anti-national bogey.

And now comes judiciary – the order issued recently by a division bench surprised many legal luminaries – I believe some of them must be scratching their heads after two judges ordered the investigating officers – newly appointed Inspector General (Kashmir) Farooq Ahmed and his two “ace” investigators to arrest these four police officials.

Can a Judge Order investigating official to arrest anyone? Well, I guess no and was quickly reminded of the infamous sex scandal of Kashmir when a division bench directed a Deputy Inspector General of CBI Pankaj Singh to carryout arrests of all the accused as per the list circulated in the media. To his credit, Singh refused to carry out the order and stated in an open court that the power of arrests remained with the investigating officer, which is done after gathering all proofs and evidence.

The sex scandal case was taken out from the limits of Jammu and Kashmir jurisdiction and trials were conducted In Chandigarh as it had become next to impossible for even getting a bail for the accused.

In this case, the High Court took away the right of all subordinate courts and said any bail moved for the police officials should be referred to the division bench even when Supreme Court has been categorised that bail is a right of every individual. But I guess the interpretation of law changes when it comes to Kashmir valley, where views of separatists have to be taken into consideration. Then wonder who is calling the shots..

Eh! Not to forget, the famous Narco-Analysis test ordered by the High Court. This part of the order needs to be understood: “We direct the Special Investigating Team to produce those four officers on arrest before the Registrar Judicial on a date and time to be fixed in consultation with Registrar Judicial, High Court of J&K Srinagar for the purpose of drawing their blood sample, on being drawn, shall be sealed by.....The DNA of those police official shall, thereupon, be matched with the DNA profile of the vaginal semen of the deceased ladies....."

"We also feel that it would be appropriate on the part of the Special Investigating Team to undertake Narco-Analysis Test of those four police officers..."

This part of the order was enough to make jump the top echelons of the state police force to go in for appeal as one cannot turn a blind eye to the fact that the poor Dy SP was not aware of the case because of his pre-occupation in recruitment in Anantnag and SP, who was awaiting report from the SHO.

Ironically, while its an order for four police officials, it has been left to the wisdom (which according to me is questionable) of SIT to decide whether it wishes to carry out the Narco-test on the two witnesses, against whom questions have been raised from the day one.

The order reads: “In the event the Special Investigating Team is of the view that those two witnesses....also need to be put to such test, it shall inform the same to the central government...”

So what is the deal…Should the police force learn a lesson and join ranks with separatists and enjoy a better life style. Well readers, I am writing this blog, knowing fully well, that separatist leaders like Syed Ali Shah Geelani are enjoying cool breeze in guest house at Cheshma Shahi, dare-devil officials like Mattoo and Baskotra are sleeping on hard beds of jail.

For your tomorrow, we gave our today… but one wonders what our tomorrow is!!!!

4 comments:

pranjal saddi said...

Up to some extent media is also responsible for misleading the common people. breaking news war force them to sensationalise their story without even thinking about the consequences. in addition to this blame game is the easiest way to throw dust in peoples’ eyes. Same happened in shopian case also!!!!

Kailashkak said...

After reading your blog I need to know your eyeglasse no????

LOC said...

Shopian case has had many twist n turns so far and Omar Abdullah has been in a tight spot after shopian.. helpless people are suffering today but in coming days omar abdullah will have much to answer for all this shit happening inshopian""""""""""""

Anonymous said...

Very nice post. It is evident that you are quite knowledgeable about Kashmir affairs. But I have only one point of argument. You have just described a single side of the coin. In any state where there is heavy presence of security, human rights violations are bound to happen. Take Manipur for example. In that case the state administration and not the judiciary needs to step up and ensure law and order.