HC stays Kunan-Poshpora probe

Jammu and Kashmir High Court has stayed the investigation into Kunan-Poshpora mass rape case.
A single bench of Justice Tashi Rabstan stayed the orders of Judicial Magistrate Kupwara of June 2013 in which the court had asked for re-investigation. Army through Assistant Solicitor General of India challenged the Kupwara court directions in High Court after which the court asked the Superintendent of Police and Station House Officer Kupwara to respond to the petition filed by the Army.
Earlier, J&K Police had complained before the High Court that Army is not cooperating with the investigation team which is enquiring the case.
Additional Advocate General Advocate Reyaz Ahmad Khan submitted before the court that because of non-cooperation of some of the Army officials, the investigation of the case could not be completed.
Police had earlier sought directions to the Ministry of Defence for presence of 125 soldiers of 4-Rajputana Rifles-who had carried out search operation of the twin villages on the fateful night of February 23, 1991. However, Police said they are not replying to queries.
The High Court is already hearing the case of Kunan-Poshpora in a separate PIL which was filled  in September 2013 seeking speedy re-investigation and seeking court monitoring investigations as according to the petitioners the investigation was not carried out. However the stay order has been issued in a separate case.
During the intervening night of February 23 and 24, 1991, soldiers of 4 Rajputana Rifles of 68 Brigade carried out a search operation in Kunan-Poshpora. The villagers alleged that army personnel raped anywhere between 23 to 100 women repeatedly through the night.
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 case while judicial Magistrate Kupwara ordered re-investigation of the case with an officer not below the rank of SP as the investigating officer.
SHRC had also recommended compensation after which High Court directed for compensation of two lakh rupees to the victims. However, the 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.
Meanwhile, Jammu and Kashmir Coalition of Civil Society Thursday accused Indian Army of using judiciary to protect itself from the rule of law.
Referring to the stay orders on the re-investigation of Kunan-Poshpora rape case, spokesperson of the organisation said High Court stayed the ongoing investigations without hearing the survivors who were party to the orders in the lower courts for further investigations.
“The Indian army by filing its petition before the vacation judge, five months after the Sessions Court affirmed the Sub-judicial magistrate, Kupwara order of re-investigation, has clearly sought to use the judiciary to shield itself,” reads the statement.
The spokesperson said there is no reason why this petition could not have been filed during the earlier session of the High Court.
“Indian army is already a party to the petition that the survivors filed in the High Court seeking court-monitored investigations.”