SrinagarThe State Human Rights Commission (SHRC) has said that a man from Pattan area of north Kashmirs Baramulla district, whose whereabouts are not known from 27 years, can be presumed to be dead in law.
Disposing of a petition filed by one Afroza Ishaq, daughter of the missing manMohammad Ishaq Dar of Arampora Pattanchairperson of the SHRC, Justice (retd) Bilal Nazki, said that the revenue authorities may consider the womans plea for mutating her father’s property in her name.
In her plea, filed before the rights watchdog, Afroza had submitted that after her father went missing, his whereabouts remain unknown hitherto.
The Commission had issued notice to police which responded by saying that no report was ever filed with it by the family. However, the police informed the Commission that Dar migrated to Pakistan in 1990.
Afroza also submitted that she suffers because of uncertainty as to whether her father was alive or dead.
She also submitted that Revenue authorities were not even mutating her father’s property in her name.
The Commission is no way to find out the whereabouts of the (Afrozas father) whether he has migrated to Pakistan or not. But there is no allegation against any state agency of having had any role in disappearance of (Dar). This Commission cannot also investigate the matter after 27 years of the occurrence, the SHRC said.
While Afroza maintained that she does not know whereabouts of her father, the Commission said that police cannot prove that Dar has migrated to Pakistan.
Since more than twenty seven years have passed from the date of disappearance of (Dar) and his whereabouts are not known to those who normally should have known, he can be presumed to be dead in law, the Commission said, adding that the revenue authorities may consider Afrozas request for conferring right to her on fathers property.
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