Says ‘Lawless Law’ ‘circumvents criminal justice system in J&K

Srinagar, June 12 : The J&K Public Safety Act (PSA) circumvents the criminal justice system in Jammu and Kashmir to undermine accountability, transparency and respect for human rights, Amnesty International India said in a statement issued here.

“We have been told that we have been denied official permission to hold the event, citing ‘prevailing law and order situation’,” Amnesty India said in a statement.

Later it sent the briefing –“Tyranny of A ‘Lawless Law’: Detention without Charge or Trial under the J&K PSA”—in an emailed statement to news agency.

The briefing analyses the case studies of 210 detainees who were booked under the PSA, a legislation that allows for administrative detention for up to two years in Jammu and Kashmir, between 2012 and 2018, it said.

“The briefing revisits the PSA in the 42nd year of its existence and studies how it continues to facilitate administrative detentions and violate Indian and international human rights laws. This Act is contributing to inflaming tensions between the state authorities and local populace and must be immediately repealed,” said Aakar Patel, Head of Amnesty International India.

The text of the PSA violates several of India’s obligations under international human rights law, including respecting detainees’ fair trial rights.

“Examining several governments and legal documents of the detainees, the briefing provides a pattern of abuse by J&K authorities. This includes detaining children, passing PSA orders without due diligence and on vague and general grounds, ignoring the limited safeguards under the Act, subjecting individuals to ‘revolving-door detentions’, and using the PSA to prevent release on bail and undermine the criminal justice system.”

Amnesty International India found 71 cases of revolving-door detentions, where authorities had either issued a new detention order, or implicated a detainee in a new FIR, to ensure that they remain in detention. In 90% of the cases analysed, detainees faced both PSA detentions and criminal proceedings in parallel, on the basis of the same or similar allegations.

“The police appear to use the PSA as a safety net, using it to secure the detention of suspects who are released, or likely to be released, on bail. Conversations with the local lawyers suggest that the state police do not favour criminal proceedings as they involve a higher standard of proof and a presumption of innocence,” said Zahoor Wani, who led the research of the briefing for Amnesty International India.

Amnesty India also found that in many cases the grounds of detention mentioned in the police dossiers and in the PSA orders passed by the District Magistrate were identical which demonstrates non-application of mind. Further, regressive amendments to the Act in 2018 have also led to detainees being held in prisons far from their homes, in violation of international human rights standards.

Meanwhile, people who were arbitrarily slapped with PSA and later acquitted continue to face difficulties in obtaining jobs or continuing their education. Amnesty International India calls on the Government of Jammu and Kashmir to immediately repeal the J&K Public Safety Act and other legislation facilitating the use of administrative detentions and ensure that all detainees held in administrative detention are released. Authorities should also provide full reparation to all detainees held in unlawful detention under PSA.

The Government of Jammu and Kashmir should also initiate a prompt, independent and impartial investigation into all allegations of unlawful detention and torture or other ill-treatment in custody, and bring to justice those responsible.

“While the J&K High Court routinely quashes detention orders which fail to comply with procedural safeguards, it does little to tackle the impunity enjoyed by executive authorities. Jammu and Kashmir will elect a new state government in 2019. This government will have a chance to break with the past and show the people of Jammu and Kashmir that their rights matter. It must not waste this opportunity,” said Aakar Patel. (GNS)

Srinagar, June 12, : Administrative Judge for District Srinagar, Justice Ali Mohammad Magrey today inspected various District Courts including Special Judge, Anti corruption (CBI cases) Srinagar, Special Judge, Anti Corruption, Srinagar, Sub Judge, PT&E Magistrate, Srinagar, Munsiff, Sub Registrar, Srinagar and Ist. Additional Munsiff, Srinagar.

Justice Magrey also interacted with the Judicial Officers and entire Prosecuting wing of the District and laid stress upon quick disposal of old cases.

On the occasion, he directed SSP Srinagar to ensure execution of processes issued by the Courts, so that there is no delay in the trial of criminal cases.

Justice Magrey also emphasized that the latest technology including video Conferencing is required to be adopted to avoid delay and expense and wherever the rules are required to be amended to make maximum use of information technology, the necessary steps will be taken in that direction.

He also met Principal District & Sessions Judge Abdul Rashid Malik, and Deputy Commissioner Srinagar, Shahid Iqbal Chowdhary, regarding improvement of infrastructure in the District Court Complex Srinagar and issued number of directions on spot.

Later, Justice Magrey visited the entire Court Complex. He also interacted with the Executive Members of the Bar and listened to their grievances. He assured the member of the Bar that the genuine grievances will be redressed.

Srinagar, Jun 12 : Peoples Democratic Party (PDP) Vice President Abdul Rahman Veeri on Wednesday urged the government to address the concerns of the transporters in Jammu and Kashmir so that the logjam taking toll at present ends amicably.

In a statement issued , Veeri termed the strike called by the transporters worrisome and stated that it has put normal life at a grinding halt in the state, leaving common man worried and disgruntled in more ways than one.

Veeri said that it is the high time for the government to talk to the aggrieved transporters and resolve the issue sans any further confrontational approach.

He added that transporters have been raising several issues and that the government is duty bound to listen to their woes and address them on merit. “Turning blind eye towards the situation isn’t going to help in any way. It will rather make things more nasty and more troublesome and it is the common man who will bear the brunt of this fiasco,” said Veeri and added that the transporters too should put forward their genuine demands before the government by adopting non- confrontational approach and ensure that common people aren’t made to suffer for no fault. 

Srinagar, Jun 12 : Reacting to the verdict on the rape and murder case of a Kuthwa minor girl, chairman Hurriyat Conference (G), Syed Ali Geelani said that the beastly act of Kidnapping, drug intoxication, gang-rape and murder, qualifies for the maximum punishment. This inhuman act has shattered every live soul where under a well knit conspiracy to harass and throw this poor and helpless community out of their own locality.

“All these murderers, their mastermind, their collaborators and their helpers, all should have met the same fate as that innocent minor girl, but here the laws are selective and punishments are decided on the mood and whim of population,” Geelani said in a statement.

He said on one hand people are hanged on political grounds to satisfy the collective conscious and on other hand those responsible for innocent and gruesome killings in broad-day-light are given lighter punishment.

He said that lawmakers too are elected on their criminal records and when such mindset is free for legislation, the outcome cannot be expected other hand what we these days witness.

“Giving benefit of doubt to the son of the mastermind is shameful as he too should have made to undergo similar pain and agony that innocent minor girl was subjected to,” he added.

He said that parents of that poor girl could have expected a capital punishment from those repeatedly sloganing “Beti Bachaw”, but unfortunately here killers of a particular faith are not only garlanded and encouraged, but voted to higher and decisive positions and if this trend is accepted, it would create a safe haven for murders, thieves, and criminals – then rhetoric of “Bethi Bachaw” may fetch electoral dividends to pave the way for power corridors, but it will definitely shake the fundamentals of the social fabric to the extent that whole society will crumble. Does the justice givers wait for such a dooms Day?.

Srinagar, Jun 12 : Governor Satya Pal Malik inaugurated the 23rd Annual Post Graduate Research Presentation Programme of the Sher-I-Kashmir Institute of Medical Sciences (SKIMS) at the Sher-i-Kashmir International Conference Centre here today.

Describing SKIMS as a premier health care institution of Kashmir which is known for providing quality services to people, Governor observed that its focus on research has enabled it to provide medical services of a very high standard.

Governor appreciated the faculty of SKIMS for their efforts in making it a centre of health care excellence. He lauded the professionalism of doctors from the Valley who are serving mankind all over the world and bringing a good name to the profession.

Governor observed that research is the only tool which has led humanity to progress by leaps and bounds and assured full support to SKIMS in all its endeavours towards making it an autonomous institute with state of the art facilities in healthcare. He stated that the long pending issue of SRO 283 will be resolved soon and efforts will be made to bring SKIMS at par with AIIMS to a large extent.

Governor observed that the State Government is committed to strengthen health infrastructure and opening of 5 more medical colleges with 400 additional MBBS seats taking total number of seats from 500 to 900, the largest jump in MBBS seats in a single year, is a big step in this direction.

Governor said that recently accommodation for patients was enhanced at New Delhi’s Chankyapuri Guest House and in Mumbai too land has been provided by the Chief Minister of Maharashtra, for providing accommodation to patients who are seeking treatment in specialised institutions.

Governor e-inaugurated the Computer Facility Centre for College of Para Medical Sciences/ Nursing College of SKIMS and released four publications of the SKIMS including ‘Souvenir of the Programme’, ‘SKIMS Insight’ quarterly News letter of the Institute, ‘Journal of Medical Sciences Volume 2019’ and a magazine of SKIMS.

BVR Subrahmanyam, Chief Secretary, appreciated the professionalism of medical staff at SKIMS and described it as a Pride of the State. He said that last few months are witness to many progressive outcomes in the overall functioning of the SKIMS and assured that the State Government is committed to support it in every possible manner.

Subrahmanyam stated that he was confident that with steps having been taken in the right direction to augment health care infrastructure in the State, J&K could become an important hub for Medical Tourism. He informed that two dedicated Medical cities have been planned to be set up during the current year and many decisions to ensure massive expansion of medical infrastructure have been made.

Umang Narula, Financial Commissioner to Governor, lauded the expertise of the medical staff of SKIMS and noted that people have trust in this Institute and assured full cooperation to further its excellence.

Prof. Omar Javed Shah, Director SKIMS and Prof. Riyaz Untoo, Principal SKIMS Medical College highlighted the ongoing activities of the SKIMS towards providing best possible medical care to the patients.

Dr. Ghulam Hassan Yatoo, Organizing Chairman of the Programme presented the Welcome Address and Dr. Haroon Rashid gave the Vote of Thanks on the occasion. 

Srinagar, Jun 12 : Jammu and Kashmir National Conference President Dr. Farooq Abdullah on Wednesday said Kashmiri Pundit community is an essential element of the cultural milieu of Kashmir, saying need of the hour is to defeat the vested interests that are hell bent to fashion the wedge between two communities.

Party president while addressing a delegation of Kashmiri pundits at his Srinagar residence said, “Kashmiri pundits are part and parcel of our cultural milieu, we as a society are incomplete without our Kashmiri pundit brethren. The community has traditionally been known for its penchant for learning, writing and other upright endowments. Notwithstanding the turbulence of the past few decades, the cultural equation of brotherhood and camaraderie stand as strong as it had been for decades. There are some vested interests that drive their sustenance by propagating animosity and mistrust. I can understand the agony of Kashmiri pundits living away from their motherland, but Kashmiri Muslims have been equally unfortunate because of the conflict that snatched thousands of our youth during this period.”

Party president while underscoring the need of forging unity said, “The Muslims of Kashmir have always come out of their way to help the Kashmiri pundit brethren in their difficulties. Be it Amarnath Yatra or any other festive occasion, Kashmir Muslims have always lent all sort of assistance and support to their pundit brethren. The equation between the two communities has always been a scorn in the eyes of those who don’t want us to live in unity, because it hurts their interests. It is encouraging to see that vast majority of the Kashmiri pundit community wants to live alongside with their Muslim brethren in the valley, rejecting the destructive and divisive ideology of those few who want to divide the state on communal lines.”

He further added, “Whole of Kashmir belongs to Kashmiri pundits as it is to Kashmiri Muslims, both I firmly believe are the rightful owners of this land. We have been trying our level best to bring back the community to valley. Many effective employment schemes were doled out during the Omar Abdullah led government to help the community to settle back in Kashmir. However the successive BJP-PDP government was not able to carry forward the momentum of the good work done until 2014. For last few years we have only been hearing useless slogan mongering and fanfare. Nothing substantial was done in that direction. However once in power we will rejuvenate the efforts of bringing them back to their homes with dignity.”

Earlier party president visited the Asaar e Sharief Shahri Kalash pora where he prayed for peace and property of the state.

Party president also paid a visit to Ganderbal to express condolences with the family of late Zafar Ahmad Bhat S/0 Ex MLA Maqbool Ahmad Bhat. It is pertinent to mention here that Zafar Ahmad had lost his life in an accident the other day. Party president offered Fateh for the deceased and expressed unity with the family in their hour of grief.