SC stays all proceedings of Kunan-Poshpora mass rape case #Vaw

Posted: March 12, 2015 in Uncategorized

Sheikh Saleem
Srinagar, Mar 9: Supreme Court has stayed all the proceedings of Kunan-Poshpora mass rape pending in High Court and a local court in Kupwara, Advocate General (AAG) Reyaz Khan informed the court today.
High Court was monitoring the investigation of the case being conducted by a Special Investigation Committee (SIT) while court had also asked the state government to pay compensation to the alleged rape victims, which was also recommended by the State Human Rights Commission (SHRC).
However the state government got order stayed in Supreme Court and on January 15, a single bench of Justice Tashi Rabstan stayed the investigation orders by Judicial Magistrate Kupwara as Army through Assistant Solicitor General of India challenged the Kupwara court directions.
In earlier hearings, the State had informed the court that they have challenged the High Court direction before Apex court regarding compensation to the victims, but had said that case has not been listed in the apex court. Today the court informed that the case has been stayed as it was listed before the Supreme Court.
Court at that time had scolded the AAG saying “You have filed Special Leave Petition (SLP) before SC in November and more than two months have elapsed and there is nothing on record what happened to it,” the bench had observed.
Bench had also said in case no orders have been passed by the Supreme Court, the state should implement the orders for payment of compensation and report compliance before next date of hearing.
After SHRC had recommended Rs 2 lakh compensation to the victims, High Court too had directed to the state to pay compensation to them. However state had challenged the court directions in Supreme Court.
Court will now hear about the maintainability of the PIL in next week. The court was monitoring the case after the PIL was filled by a support group for Kunan-poshpora victims who sought directions to the state for providing compensation to the victims besides monitoring the investigation of the case.
Kunan-Poshpora, the twin villages of Kupwara, witnessed one the worst incidents in the history of Kashmir’s political turmoil – the alleged mass rape – during the intervening night of February 23 and 24 in 1991, allegedly by the soldiers of 4 Raj Rifles of 68 Brigade.
After the incident Police had lodged an FIR under section 376, 452 and 342 at police station Trehgam against the Army. To get the case reopened has been the long pending demand of the locals.
In 2011, SHRC asked the state government to re-open the Kunan-Poshpora “mass rape case” while judicial Magistrate Kupwara ordered re-investigation of the case with an officer not below the rank of SP the investigating officer.
SHRC had also recommended compensation after which High Court directed for compensation of 2 lakh to the victims. However state has challenged the court directions in Supreme Court.
SHRC had also asked the state government to prosecute the then Director Prosecution who had sought closure of the case as the perpetrators were “untraceable”.
“The then Director Prosecution had overstepped his brief prosecution proceedings should be initiated against him and those officers who had approved his report,” the SHRC bench recommended.


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