SHRC asks govt to finalize compensation case
1990 Hawal Massacre…
Srinagar, Jul 20: The State Human Rights Commission (SHRC) today asked the government to finalize the matter related to grant of (financial) compensation to legal heirs of persons “massacred” by Border Security Force (BSF) personnel in Hawal area of the old city here in 1990.
A bench headed by chairperson SHRC Justice (Retd.) Bilal Nazki passed the orders while disposing off an application that sought compensation in terms of law to the legal heirs of victims of the massacre perpetrated by paramilitary BSF at Mashali Mohalla Hawal in the downtown Srinagar on August 06, 1990
“The enquiries conducted into the matter reveal that on 06-08-1990 Police Station Nownatta Srinagar received an information through reliable source to the effect that some BSF personnel entered the houses of locals of Mashali Mohalla Hawal Srinagar along with arms and ammunition and started indiscriminate firing upon civilians due to which 09 civilians died on spot,” SHRC quoted a report filed by the then Director General of Police (DGP) on August 04, 2013.
“Soon after the incident, BSF personnel set on fire one residential house of Showket Ahmad Baba, son of Ghulam Mohammad, and fled away from the spot,” it cited the report saying further.
On this information, a case (FIR no. 57/1990 U/S 302 436 406 RPC) was registered in Police Station Nowhatta Srinagar and investigation of the case was taken up, the Commission said.
“The investigation of the case has been closed as ‘challan’ and the case diary file has been submitted to government for accord of sanction for launching prosecution,” it added.
Quoting police records, the State’s human rights watch dog said that nine persons got killed but particulars of dead are not given.
“Since police has filed a chargesheet under section 302 RPC, it can be assumed that state is of the view that 09 persons were murdered,” the SHRC said.
The government has also addressed a letter to the Government of India on May 14, 2018, seeking sanction for prosecution of its paramilitary forces for murder of these nine persons, the Commission observed.
“Whether sanction is granted by government of India or not is immaterial as far as entitlement of relief to the next of the kin of the deceased is concerned,” it said.
“Since government of Jammu and Kashmir maintains that nine persons were murdered, therefore they are entitled to all the reliefs in terms of relevant laws,” it held.
The matter was disposed of with the direction to government to finalize the matter related to relief under various rules within a period of six weeks.