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Friday, Apr 29, 2005

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Human rights panel unhappy with J-K Government

Shujaat Bukhari

Says recommendations being ignored by Deputy Commissioners

SRINAGAR: Peeved over the attitude of the State Government vis-à-vis its functioning and recommendations, the Jammu and Kashmir State Human Rights Commission has alleged that efforts are on to make it redundant and dilute its position "which if allowed will terribly tell upon the reputation of the State".

In its 374-page annual report released recently, the Commission has accused officials of the State Government, particularly Deputy Commissioners, of brushing aside the recommendations of the Commission. "This Commission is disappointed to place on record its anguish at the attempt to brush aside the recommendations of the Commission by some officers and starting a fresh enquiry at their end after they receive the recommendations," said the report signed by its chairmanJustice A.M. Mir and two members -- Qazi Muzaffaruddin and G.N. Mir.

It has been mentioned that the commission had received letters from these officers informing that fresh enquiries were being held in certain cases. "Cases also can be quoted where the officers have blatantly contradicted the findings of Commission. This is done usually by Deputy Commissioners," says the report adding that the enquiries are held by the Commission after scanning through the evidence and recording what is produced before it.

Diluting authority

Expressing concern at the non-responsive attitude of the State Government, the report says the practice goes on and "if this is allowed the functioning of the Commission becomes redundant and recommendations are only observed in breach". It further says that this tendency has the effect of diluting the position which if allowed will terribly tell upon the reputation of the State.

In order to overcome these problems, the Commission has recommended that the State Government issue a circular to the Deputy Commissioners not to sit in judgment against findings of the Commission.

It has also cited seven examples in which, according to the report, "such an unhappy situation has arisen" and asserted that "these instances are the tip of an iceberg". In these cases the concerned Deputy Commissioners have refused to sanction ex-gratia relief to the seven complainants on the basis of recommendations of SHRC. Though the nature of these cases has not been shown, the DCs have turned down the recommendations on the basis of adverse reports from the police, which has not cleared the person in whose name the ex-gratia has been sought.

The Commission has also noted with disappointment the government's inertia in respect of informing the Commission about the action taken.

"This request has also been ignored," it says. However, this year the government has placed before the Assembly an Action Taken Report (ATR) indicating the action on the recommendation of SHRC in 141 cases shown in this report.

No recommendations

In about nine cases the ATR says that the home department has not received any recommendations. In all, the SHRC had received 305 complaints ranging from release of prisoners to custodial deaths and alleged harassments at the hands of security forces.

The report has also lamented that government has not been providing enough funds to the Commission which is also facing problems on account of required staff. Not only is the staff being sent without consulting the commission but it is also being transferred without informing it, which "goes a long way in tampering with the autonomous character of the Commission". The Commission which needs to an independent investigating officer has not been given one since May 2002 when an officer of the rank of Inspector General was withdrawn.

Space crunch

The same treatment is being given to the issues of accommodation for the Commission for its Srinagar headquarters, sub-office Jammu and other district offices, says the report. "The Commission also feels sanguine that the issues raised in the report will be addressed on top priority," the report adds.

The Commission it may be recalled came into existence during the National Conference regime in 1996-2002 and was aimed at giving new impetus to addressing the issues of human rights.

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