The Hindu : 'Pay compensation in custodial deaths'

Online edition of India's National Newspaper
Monday, Nov 17, 2003

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Other States - Jammu & Kashmir

'Pay compensation in custodial deaths'

Srinagar Nov 16. The Jammu and Kashmir State Human Rights Commission (SHRC) has directed the state government to pay compensation to the families of two persons allegedly killed by security forces in the Kashmir valley while in their custody.

Holding the Army responsible in the custodial death of a youth named Shamsuddin, the SHRC has directed the state government to pay Rs 2 lakhs to the next of the kin.

According to reports, Abdul Ahad Wani filed a report in May 2001 before the Commission, alleging that his son Shamsuddin was picked up by the Rashitrya Rifles from his shop at Giripora Handwara and later killed. He further said in his petition that the body of Shamsuddin was later blown up with an Improvised Explosive Device (IED) by the Army.

The RR acknowledged his arrest but said that he was killed when he was being taken to a hideout for arms recovery.

The full Bench of the Commission comprising chairperson Justice Ali Mohammad Mir, Gazi Muzaffar-uddin and S Mohinder Singh in their order rejected the RR version.

``If the defenders of the people act in the way as revealed by the police investigation in the case of Shamsuddin, then the system is sure to collapse one day under its own burden,'' the full Bench observed, and asked the security forces to behave like forces of a civilised nation.

It further said that the `modus operandi' followed by the Army, of not subjecting itself to the authority of the investigating agency, is again a tragic phenomenon.

In the second case, the Commission ordered the state to pay Rs 1 lakh and provide a compassionate appointment under SRO 43 to a family member of Ghulam Hyder, killed by the security forces in a fake encounter.

The complaint lodged with the Commission said that Hyder, a teacher, was picked up by the security forces on November 12, 2003 and killed him in custody.

-- UNI

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