SrinagarCompensation recommended by the State Human Rights Commission (SHRC) cannot be paid to the Budgam youth who was used as a human shield by the army in April last year because that would amount to establishing guilt without giving the accused the right to be heard, the chief minister, Mehbooba Mufti, told the Assembly on Thursday .
Citing four reasons in a written reply to a question from a member of the opposition National Conference, Ali Muhammad Sagar, the chief minister said that investigations in the case were yet to be completed, and that the SHRCs recommendation had been deliberated upon by an empowered committee of legislators in July last year.
On July 10, the SHRC had recommended a compensation of Rs 10 lakh for Farooq Ahmad Dar, a resident of the Sitahaaran village in the Budgam district, who had been tied to a military jeep by the army and driven through a number of villages to deter stone-pelting on the forces during by-polls to the Srinagar parliamentary constituency last year.
According to the chief minister, there was no allegation of violation of Dars human rights against the state.
No allegations as regards violation of human rights of the applicant have been leveled against the state government or any of its functionar. The state government has discharged its obligation by registering an FIR no. 38/2017 in the matter at PS Beerwah and consequently initiating the investigation, the chief minister said in her reply.
She said that as on date there was no scheme or policy in vogue in the State, which could cover the payment of compensation in matters like the present case
The State Human Rights Commission in its recommendations dated 10-07-2017 has inter-alia, observed that the Commission was handicapped to go into the conduct of the Army, who are allegedly responsible for the incident. Having so observed, the Commission lacks jurisdiction to entertain and adjudicate upon the present matter, the chief minister further added.
According to the youths family, Farooq Ahmad Dar had been picked up by the army and tied to a vehicle shortly after he had cast his vote and was heading for his sisters home in another village where a death a taken place.
The army officer in the eye of the storm, Major Leetul Gogoi, was awarded the Army Chiefs commendation card the same year for his sustained efforts in anti-militancy operations.
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