Posts Tagged ‘Rajputana Rifles’

Press Statement
 
18 June 2013
 
 
Today, on 18th June 2013, the Judicial Magistrate Kupwara J. A. Geelani, while dismissing the conclusions made by the police in the recently filed closure report in the case of Kunan Poshpora mass rape of 23-24 February 1991 returned the case file to the police, asking for “further investigation to unravel the identity of those who happen to be perpetrators”.
As the demand by us and the survivors was for the re-investigation by Special Investigation Team (SIT), headed by an officer of Senior Superintendent of Police (SSP) rank, the court while mentioning the lack of authority in ordering SIT, asked the further investigation to be conducted by an officer not below the rank of SSP and within a time bound period of 3 months.
On 10 June 2013, a protest petition was filed by Adv. Parvez Imroz on behalf of the survivors of Kunan Poshpora mass rape against the closure report of the Jammu and Kashmir Police, before the Judicial Magistrate, Kupwara. On 13 June 2013, the Chief Prosecuting Officer [CPO] filed objections, and today, oral arguments were made before the Magistrate.
The protest petition argued that the police investigations were incomplete and clearly mala fide as despite having the information on file regarding the involvement of 125 personnel of 4th Rajputana Rifles, the police had not questioned them and neither was an identification parade conducted. The Judicial Magistrate Kupwara while acknowledging the submissions made by us has mentioned in the judgment that, “Until date the investigating agency has not unveiled the identity of the culprits despite having a clear cut nominal role of 125 suspects”
The response of the State, through the CPO Aashiq Hussain was unsurprisingly bad in law, and deeply disrespectful of the victims of Kunan Poshpora. First, they argued that there was no right of filing a protest petition, a position unmindful of the law. Second, the State argued that the protest petition was being filed to allow other victims to get cash compensation, and that the victims appeared to have woken up after 22 years and the protest petition was barred by laches. While rejecting the submissions of the CPO, the Judicial Magistrate, Kupwara upheld the right to file the protest petition and further observed that, “The instant final report ought to have been forwarded to the Magistrate way back on 12thOctober 1991.”
After 22 years of cover-ups and delay, the State conveniently blocked the High Court PIL and now was shamelessly attempting to block the victims’ remedies before the Judicial Magistrate. Instead of taking the responsibility for delay and denial of justice, the State has chosen to malign the victims and choke any remedies for the survivors of Kunan Poshpora.
Today’s order is an achievement of the struggle of the Kunan Poshpora people along with those who supported their demand for justice. This will surely inspire many more victims of the recent past to wake up and fight for justice in their cases.
We reiterate our commitment that we will continue the struggle till justice is done. Now the Government should comply with the orders of the court and give up their reluctance of punishing the guilty.
Representatives of the support group for Justice for Kunan Poshpora
1.   Benish Ali
2.   Essar Batool
3.   Ifrah Mushtaq
4.   Samreena Mushtaq
5.   Usvah Rizvi
6.   Uzafa Basu
7.   Uzma Qureshi

8.   Rehanna Qadir

 

kunanposhpora

The Kunan Poshpora incident occurred on February 23, 1991, when units of the Indian army launched a search and interrogation operation in the village of Kunan Poshpora, located in Kashmir‘s remote Kupwara District. At least 53 women were allegedly gang raped by soldiers that night. However, Human Rights organizations including Human Rights Watch have reported that the number of raped women could be as high as 100.Although the Indian government‘s investigations into the incident rejected the allegations as “baseless,” international human rights organizations have expressed serious doubts about the integrity of these investigations and the manner in which they were conducted, stating that the Indian government launched a “campaign to acquit the army of charges of human rights violations and discredit those who brought the charges.
According to reports, on February 23, 1991 at approximately 11:00PM soldiers from the 4th Rajputana Rifles cordoned off the village of Kunan Poshpora to conduct a search operation. The men were taken from their homes and assembled in an open field for interrogation overnight. Once the men had been taken away, soldiers allegedly gang raped a large number of village women overnight till 9:00 AM the next day.Local villagers alleged that up to 100 women “were gang-raped without any consideration of their age, married, unmarried, pregnancy etc.,The victims ranged in age from 13 to 80.The village headman and other leaders have claimed that they reported the rapes to army officials on February 27, but the officials denied the charges and refused to take any further action. However, army officials claim that no report was ever made.On March 5, villagers complained to Kupwara district magistrate S.M. Yasin, who visited the village on March 7 to investigate. In his final report, he stated that the soldiers “behaved like wild beasts”and described the attack as follows: A large number of armed personnel entered into the houses of villagers and at gunpoint they gang-raped 23 ladies, without any consideration of their age, married, unmarried, pregnancy etc… there was a hue and cry in the whole village.
He went on to state: I found the villagers were harassed to the extreme possible extent. In the morning after 9 a.m. when the Army left, the village men folk were released and when they entered their houses, they were shocked to see that the Army forces have gang raped their daughters, wives, sisters, etc. The armed forces have forcibly taken No Objection Certificate from the locals as well as from the local police after doing the illegal action… I feel ashamed to put in black and white what kind of atrocities and their magnitude was brought to my notice on the spot.
The United States Department of State, in its 1992 report on international human rights, rejected the Indian government’s conclusion, and determined that there was “was credible evidence to support charges that an elite army unit engaged in mass rape in the Kashmiri village of Kunan Poshpora.
#Every heart cried and every eye shed tears in the intervening night of the 23rd and 24th February 1991, when the young and energetic, but inhumane, Indian troops of the 04 Raj Raffles of 68 Brigade C/o 56 APO launched a search operation in the village of Kunan Poshpora, just 5kms from the main township Kupwara, and toed all humanitarian principals with the raping of as many as thirty women, including teenage girls and a near 100 year old frail grandmother.-kashmirglobal.com