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Kashmiri Used as Human Shield by Army Awarded Rs 10 Lakh Compensation for Torture -Mudasir Ahmad

-TheWire.in

The State Human Rights Commission stopped short of announcing action against the army, as it lacked jurisdiction.

Srinagar:
Jammu and Kashmir’s State Human Rights Commission on Monday directed the government to pay Rs 10 lakh as compensation to Farooq Ahmad Dar, the man who was strapped to an army jeep and paraded around villages as a human shield in Kashmir’s Budgam district on April 9.

In a five-page order, commission chairperson Justice (retd.) Bilal Nazki observed that 26-year-old Dar had been subjected to “torture and humiliation” by the army, besides “wrongful confinement”, resulting in “psychiatric stress which may remain with him for the entire life”.

However, the commission stopped short of announcing any action against those responsible for the criminal act – Major Leetul Gogoi from the 53 Rashtriya Rifles or his unit – saying the law didn’t give the SHRC jurisdiction over the army.

Dar, a resident of Chil village in Beerwah sub-district, was present when Justice Nazki delivered his judgment.

‘Humiliation, torture and wrongful confinement’

The incident, which had evoked widespread condemnation, occurred on an election day when eight civilians were killed in firing by security forces after mobs had tried to attack some polling stations in the Srinagar constituency. The constituency witnessed the lowest ever turnout in its electoral history, at 7%. Dar was, ironically, among the few villagers who had turned up to vote on that day.

According to Dar, a shawl weaver, he was riding his bike to attend a condolence meeting at his brother-in-law’s house in Gampora village when he was picked up by the army.

“For the humiliation, physical and psychological torture, stressful and wrongful confinement, the commission thinks it appropriate to direct the state government to pay Rs 10 lakh compensation to the victim,” reads the directive, asking the government to implement the order within six weeks.

Nazki referred to a Supreme Court judgment by V.R. Krishna Iyer in which he had observed that “zoological culture can’t be compatible with reverence for life, even of a terrible criminal…some in authority are sometimes moved by the punitive passion for retribution through the process of parading the under trial prisoners cruelly clad in hateful irons”.

A medical examination of Dar at the Government Psychiatric Diseases Hospital in Srinagar following the incident had confirmed that he had developed “psychological problems including acute stress disorder”.

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