The Commission had received a complaint regarding the death of three
persons, namely Safeer Hussain, Showkat Hussain, and Shabir Ahmed, in an
anti-terrorist operation on 22.12.2023.
The Commission vide its proceedings dated 25.07.2024 considered the matter
and observed as under:-
“The Commission vide proceeding dated 05.03.2024 directed the DC and SSP,
Poonch submitted the requisite reports to the Commission within six weeks. The
DM, Poonch was also directed to submit the Magisterial Enquiry Report by a
Judicial Magistrate (u/s 176(1-A) CrPC to the Commission within the stipulated
time”
“Despite directions of the Commission dated 05.03.2024 and subsequent
reminder dated 07.05.2024, the authorities had not submitted the requisite
Reports
Detailed complaints were filed and argued by Advocate Nikhil Padha and Prashant Sharma before the National Human Rights Commission (NHRC) on alleged deaths of Mohammad Showkat (26 years), Sareef Hussain (37 years), and Shabir Ahmed (32 years) and victims allegedly Tortured to Death namely Mohammad Ashraf (52 years), Fazal Hussain (50 years), Farooq Din Ahmed (45 years), Mohammad Betab (25 years), and Zulfkar (15 years)resident of Topa Pir village, Poonch District, Jammu & Kashmir. All belong to Gujjar Bakarwals community ( a Nomadic ethnic group of people belonging to the Schedule tribe community). Padha further argued
“that following the horrifying episode of custodial death and torture, the security personnel recorded a couple of videos which were published on social media. In those videos, the security personnel brutally assaulted the victims with iron rods and lathi and rubbed chilli powder on their wounds. The man seen in the video lying lifeless on the ground sustained severe injuries on his back. It was seen in the video clips that victims were lying lifelessly on the ground and praying for mercy in order to protect their lives. However, the perpetrator turned a blind eye to their request and showed no mercy to the victims and later the families of deceased victims were informed to collect the dead bodies from the camp by the security personnel dated 22 December 2023. He prayed to initiate a judicial magisterial inquiry, which is to be strictly monitored by the NHRC” The complaint raises concerns over grave human rights violations and the failure of authorities to ensure accountability.
Taking cognizance of the matter, the NHRC had earlier directed the Deputy Commissioner and the Senior Superintendent of Police, Poonch, to submit the judicial magisterial inquiry report . However, despite multiple reminders, the requisite reports were not furnished.
In the last order commission observed ” The Commission takes it seriously and directs its registry to issue the
conditional summons to the DC and the SSP, Poonch, J&K u/s 13 of the
Protection of the Human Rights Act, 1993, for personal appearance”.
“This step reinforces the Commission’s commitment to upholding justice and ensuring accountability in cases of alleged human rights violations.This action by the NHRC is a crucial step towards enforcing transparency and accountability;” said Advocate Nikhil Padha
