Not Immune From Judicial Scrutiny
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
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By Sunil Garodia
First publised on 2022-01-03 08:01:50
About the Author
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
View all posts by this Author
The J&K police carried out an anti-insurgency operation in Hyderpora in Srinagar in which two civilians were killed. Initially, the forces treated that as collateral damage. But as there were huge protests, they formed a SIT, comprising of high-ranking police officers, to probe the matter. The report of a magistrate's inquiry on the same incident has already been submitted to the government which is studying it. The police SIT has submitted its report and exonerated all policemen involved in the operation from any wrongdoing. Their findings say that one civilian was killed by a terrorist who was later shot dead and the other died in 'crossfire'. Politicians in the Valley criticized the SIT report and termed it a cover-up. Stung by the criticism, DIG of J&K Police threatened them, or any other person criticizing the SIT report, with penal action.
The decision to form the SIT by the state police was wrong in the first place. It is an unwritten rule of law that no one should be a judge in his or her own case. There are questions of conflict of interest that cannot be easily answered when policemen are asked to scan the actions of their colleagues. Then, how can the DIG threaten people who are critical of the report? The police SIT report is not the final account in the matter. In a democratic country which is governed by rule of law, everyone has not only the right to question any report but also to challenge it in a court of law. Or do the J&K police feel that it is above the law or judicial scrutiny? Further, with the report of the magistrate's inquiry already being studied by the government, it is obvious that its report would be given more importance. One feels that the police came out with report just to create confusion and pressurize the government.
There is no doubt that the security forces, including the J&K police, are working under a lot of strain, which includes danger of life to self and family, in the UT. But that does not give them the right to kill innocent civilians and hide the fact, if and when they are killed. The truth must come out and those involved must be punished if it is established that the security forces did not follow established protocols and rules that ensure that there are no civilian casualties in such operations.
