20 March 2000: thirty six Sikh civilians killed at Chattisinghpora, Anantnag District, by unidentified gunmen in army uniform. 25 March 2000: five civilians supposedly militants responsible for Chattisinghpora – killed by Indian army and Jammu and Kashmir Police in the forests of Pathribal, Anantnag District. This is later found to be a fake encounter. 3 April 2000: eight civilians protesting the Pathribal fake encounter killed in CRPF and police firing in Brakpora, Anantnag District. 15 days and 49 civilians killed.
Pathribal fake encounter was the first and immediate State reaction to the Chattisinghpora massacre. The second was a trial of two Pakistani national termed as militants responsible for the Chattisinghpora massacre. They were ultimately acquitted by the Supreme Court. In the Pathribal case, the CBI exonerated the local police and indicted five army personnel. The Supreme Court effectively ruled that sanction was necessary in all cases, and gave the army the option of the court-martial. The army held that the evidence did not warrant a court-martial and shut the case down. In the Brakpora case, the Pandian Commission of Inquiry and the Jammu and Kashmir Police investigations indicted the Special Operations Group (SOG) and CRPF personnel, but it is reported that ultimately the Ministry of Home Affairs declined sanction for prosecution of the CRPF personnel and the indicted policeman have not been prosecuted either.
To date, there has been no proper or fair investigation or prosecution in the Chattisinghpora case. Instead, the State has ensured, through non-cooperation, obfuscation, and ultimately outright denial through the institutions, NO justice for the victims of Pathribal and Brakpora. Army, police and CRPF are all protected. At the beginning of this crime and impunity lies Chattisinghpora. The unwillingness of the State to fairly investigate Chattisinghpora massacre appears connected to its deep and consistent investment in shielding the perpetrators of Pathribal and Brakpora. It is clear that only a comprehensive and overarching investigation of all three crimes together can lead to an understanding of what actually happened over those 13 days.
Until then, the State stands indicted for all three crimes.
Spokesperson
Jammu Kashmir Coalition of Civil Society
Srinagar
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