The State Human Rights Commission (SHRC) has asked the government to expedite sanction for prosecution of the accused CRPF personnel for opening fire on a procession in Khanyar area in Downtown on 8 May 1991, killing 28 people.
The accused CRPF personnel had opened fire on a procession at Khanyar carrying bodies of civilians killed in Dachigam and SaidaKadal, killing 28 civilians and injuring 52 people. Despite passing of 27 years, police is yet to translate the case file into English, causing delay in according sanction for prosecution of the accused personnel.
“What needs to be specially done by the government which includes the home department and the DGP, is to expedite the sanction for prosecution otherwise there is no point in merely exchanging correspondences between various police officers and the home department,” said member SHRC Hamid Wani in his order.
“The commission is least interested in the initial correspondences between the director general of police and home department and is simply interested in the dispensation of justice to the victims.”
“The case is so old that with the lapse of time it may itself become obsolete with no persuasion from any quarter. This is in spite of the fact that director general of police on the basis of the report from Inspector General of Police, Kashmir vide no PHQ/SHRC63/2013/4199 dated 16.01.2018 has almost admitted the guilt of the accused and simply Action Taken Report (ATR) is awaited because of some formal sanction by the home department,” he said.
In 2013, a petition was filed by chairperson International Forum for Justice and Human Rights in SHRC. The commission had then sought a report from the DGP. Five years later, the police submitted a report before SHRC.
“Report received from IGP Kashmir Zone Srinagar reveals that on 08-05-1991 case FIR NO. 41/1991 was registered in police Station Khanyar regarding death of 21 persons and 54 injured persons in the shootout by 2nd Battalion CRPF personnel at Khanyar Srinagar,” states the police report.
“The investigation of the instant case was closed as challaned. Subsequently, the file was submitted to Home department for accord of government sanction, wherefrom the case file was returned with some observation/ queries which are being taken care of.” The commission had asked the chief prosecuting officer (CPO) to file the copy of final report which was sent to the home secretary. The CPO then submitted the final report.
“But the same has been received back from the government home department vide letter no home/ pros/23/2017/5225 dated 14.12.2017 for English translation of copy of FIR statement of witness, final report and incriminating material relied upon and other documents in the CD file,’ states the police report.