Shopian Killings: Action Packed Day In House

Jammu—As expected, the resumption of Legislative Assembly after three days of break witnessed ruckus over killing of two civilian teenagers. While Opposition National Conference demanded the arrest of an Army Major and personnel of his unit involved in the killing, the BJP, partner in coalition with PDP, argued that the FIR registered against the Major and his associates should be withdrawn and a fresh one must be filed without mentioning the names of Army personnel.

The Army Major and his personnel have been booked on charges of murder (Section 302), attempt to murder (Section 307) and endangering life (Section 336) in Saturday’s shooting incident.

The PDP-BJP government has also ordered a magisterial inquiry into the incident and Kashmir’s Divisional Commissioner Baseer Ahmed Khan has asked Deputy Commissioner of Shopian to ensure the inquiry is completed with 3 weeks.

BJP legislator RS Pathania questioned the registration of murder case against the Army. The criminal justice system “doesn’t work under pulls and pressures”, he added.

But Chief Minister Mehbooba Mufti snubbed her coalition partner and pledged that the investigations into the incident would be taken to their logical conclusion.

“The investigation into the unfortunate Shopian killings would be taken to its logical end. The Army would not be demoralized by registration of single FIR,” she said.

Two youth Javed Ahmed Bhat (20) and Suhail Javed Lone (24) were killed and nine other civilians injured in the Army firing on a stone-pelting mob in Shopian’s Ganowpora village on Saturday afternoon.

Defending her government’s decision to lodge an FIR against the personnel involved in the incident, Mufti said she did not believe the action would have a demoralising effect on the force.

Terming the incident a “setback” to the political process, Mufti said she spoken about it to Defence Minister Nirmala Sitharaman who asked her to take the required action in case there was “carelessness”.

She was addressing the state Assembly which saw repeated interruptions by the opposition, which moved an adjournment motion over the killing of two civilians in south Kashmir’s Shopian district on Saturday.

The J&K Police had yesterday registered an FIR under sections 302 (murder) and 307 (attempt to murder) of the Ranbir Penal Code against personnel of the 10, Garhwal unit, of the Army.

“I do not accept that the Army gets demoralised by such actions. The Army is an institution and has done a wonderful job. But a black sheep can be anywhere… Among judges there can be black sheep, but we can’t paint every one with the same brush,” Mufti said.

She said if somebody commits a mistake, he should be punished as such a course only brings laurels to the institution.

“If some Army officer has committed a mistake, an FIR has been lodged and it is the duty of the government to take it to a logical conclusion,” Mufti said.

Giving details, she said two militants and a civilian were killed in an encounter on January 24. “The police asked the Army to not pass through the village as one of the militants killed in the encounter was its resident. The Army, because of some compulsion, took the route but their vehicles came under stone pelting resulting in the killing of two civilians in the firing,” she said.

It is a “big issue”, Mufti, who leads a PDP-BJP coalition in the state, said.

Every now and then we have “unfortunate” incidents that should not have happened, she added.

“We are asking the Army and other security forces to maintain utmost restraint but it is also a fact that unlike in the past when villages used to get deserted if there was an encounter, or even a fake encounter, now hundreds indulge in stone pelting on security forces when an encounter breaks out,” she said.

Mufti said that whether at Unified Command meetings or elsewhere, she always advocated restraint in dealing with civilians.

I asked the forces to resort to aerial firing instead of direct firing if they have no other option, she said.

The government is on the back foot due to such killings and it is of no benefit to us, she said.

I talked to the Union defence minister immediately after learning about the incident and she was positive in her response, Mufti told the House.

“She said if you feel there is carelessness (on the part of the Army), you take whatever action you want to take. Subsequently, we lodged an FIR and ordered a magisterial probe,” the chief minister said.

During the course of her speech, Congress legislature party leader Nawang Rigzin Jora interrupted Mufti twice after she claimed that the UPA’s ten years saw no progress on the Kashmir issue. The Congress leader questioned Mufti on what stopped her from carrying the initiatives forward.

Mufti lauded initiatives taken by BJP prime ministers Atal Bihari Vajpayee and Narendra Modi for restoring peace in Jammu and Kashmir and normalising relations with Pakistan. Modi has taken over from where Vajpayee left, she said.

She praised the Centre for “serious initiatives” on Kashmir and asked opposition members to maintain consistency on dialogue, relations with Pakistan etc.

“We can’t afford confrontation with Pakistan because we suffer a lot and I am feeling happy when there is any indication of back channel dialogue between the two countries,” she said.

Mufti faced another interruption when National Conference legislature party leader and former chief minister Omar Abdullah rose from his seat after she claimed that he had once said that youth pelting stones on security bunkers were committing suicide.

“I never said such a thing but had cited the example of a youth arrested for stone pelting who said he was fed up with life after a girl rejected him. His friends told him it is a sin to commit suicide. The youth claimed he was pelting stones so that they fire and he die a martyr’s death,” Abdullah said.

He accused Mufti of playing politics over “dead bodies”.

“I don’t believe in playing politics over dead bodies. I pray to Allah to keep me away from such a thing but the chief minister can only play politics over dead bodies,” he alleged.

Suggesting an all-party meeting to discuss the prevailing law-and-order situation, the NC legislative party leader said, “Either you sit somewhere (with your coalition partner) or call us as well… we have to stop this cycle (of bloodshed and violence).” “I want to convey my assurance on behalf of my party and if you have any step in your mind, we are ready to join you and walk with you with a purpose that killing of innocents is put to an end,” Abdullah said.

He said, “Today’s discussion is not meant to point fingers at each other… politics is not from our side but politics is being played within the coalition.

Please leave such politics as we do not want to play politics and you should not do it as well.”

Questioning ordering of a magisterial inquiry as well as registration of an FIR against Army personnel in the Shopian incident, Abdullah said confusing signals are being sent out.

“On one hand, magisterial inquiry was ordered and simultaneously, an FIR was lodged against the Army in which a Major and some personnel were named,” he said, adding if the FIR had been lodged against unknown persons, the importance of magisterial inquiry would have remained intact.

“If we know in advance the people involved and a case of murder and attempt to murder is registered, then what is the need for magisterial inquiry,” Abdullah asked

If the government is sure about the personnel, then let the police take a call as the FIR becomes the primary document, he said and asserted that two precious lives have been lost and they must be given justice.

“Today, there is no weakness in the central government. Your government has no problem. I have held this (CM’s) chair as well and probably, you have much more regret over such killings than us,” he said, adding, “We need to take such steps which will ensure an end to such things.”

Referring to the Machil incident, the former chief minister said, “Accountability, which we want to bring in the process, was being reversed slowly.”

In July last year, an armed forces tribunal suspended the life sentence given to five army personnel by a court martial for allegedly staging the killing of three Kashmiri men on the intervening night of April 29 and 30 in 2010 in Macchil sector in Jammu and Kashmir had triggered wide-spread outrage and violence in the state.

“Take the example of Machil, the court martial awarded sentence to the guilty after legally recognised process and later it was given a reverse gear,” he said.

This has led to a sense of impunity that “whatever we do, if found guilty, we will not be punished,” the NC working president alleged.

“Those who were killed (in Shopian) were not hit in the leg and died of excessive bleedings, they were shot in the upper parts and there was no attempt to stop people,” he alleged.

The incident evoked anger throughout the Kashmir Valley where a shutdown was observed on Sunday to mourn and protest the killings.

Earlier, the NC demanded the arrest of Army personnel involved in the shooting incident.

“The government should arrest all the Army personnel named in the FIR,” NC legislator Ali Muhammad Sagar said.

He added, “I’m hopeful that the Chief Minister will announce the arrest of these personnel.”

However, the Chief Minister during her brief speech in the House criticised the NC and its working president and former Chief Minister, Omar Abdullah.

The latter reacted by alleging that Mufti “only knows playing politics over dead bodies”.

Abdullah also said that his party was ready to extend its fullest cooperation and support to the incumbent government to end the cycle of bloodshed and violence in Kashmir.

Earlier, the opposition members from the NC, Congress and CPI (M), supported by PDP legislators from Shopian, Muhammad Yousuf Bhat and Sonawar (Srinagar) Muhammad Ashraf Bhat, were on their feet soon after the House assembled for the day’s business to protest over the Shopian killings.

They moved an adjournment motion to discuss the prevailing law and order situation and raised slogans in support of their demand.

The Speaker asked them to take their seats, assuring that a discussion would be held after the Question Hour, but the opposition did not budge from its demand prompting intervention by the Chief Minister.

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