Civil Liberties
Jammu & Kashmir, and in some measure, in the States of the North-East and, on
occasion, in other parts of the country as well. The Commission therefore welcomes these
developments at the international level, and the efforts of the Central Government to
pursue early action on a comprehensive convention to deal with the problem of teijrorism.
At the same time, the Commission has, during the period under review, persisted firmly
in its endeavour to ensure that despite the many dangers and ambiguities consenting
the armed forces and police of the country, all concerned with the security of the State
abide by the dictates of the Constitution, the laws of our country, and the international
instruments to which India is a party.
3.6 This is also why, when the Commission has examined complaints, or acted suo motu,
on reports of violations of human rights in areas affected by terrorism and insurgency,
it has continued to insist on fiill accountability in accordance with the demanding
standards that the nation has, as a democratic State governed by law, set for itself.
3.7 The Commission deeply regrets, in this connection, that a lack of transparency
persists in respect of certain important cases that it has pursued. Thus, in regard to the
tragic incident in Bijbehara, that occurred on 22 October 1993 and that led to a serious
loss of life, the Commission has been compelled to move a Writ Petition before the
Supreme Court, having thus far been denied the records that it sought from thfe Home
Ministry, of the trial that was held by the General Security Force Court. The Con^mission
is of the view that the withholding of these records brings little credit to the Government
and to the security forces, and that it thwarts the purpose ofjustice and the prime objective
leading to the establishment of this Commission, namely the need to ensure the 'better
protection' of human rights in the country.
3.8 Likewise, the Commission notes Mth deep concern that those responsible for the
abduction and subsequent killing of the prominent advocate of Srinagar, Jalil Andrabi,
are yet to be brought to trial. It is a matter of despair to the afflicted family, and to those
tvho are interested in the promotion and protection of human rights in the country, that
the Commission's insistent call that the killers be tracked down and brought to book has
met with little practical response, and a single line comment in the Memorandum of
Action Taken was submitted to Parliament in this respect in the Annual Report for 1998-
99. The Memorandum stated: 'The matter is sub judice.' A similar situation of opacity
persists in regard to the 'disappearance' and probable killing of Jaswant Singh Khalra
in Punjab, the perpetrators of the crime remaining at large, to the continuing discredit
of the law and order apparatus of the State and the deepening concern of human
rights activists.
3.9 Given such occurrences of enforced disappearances and extra-judicial killings, the
Commission has urged the Central Government to direct the armed forces, including
the para-military forces, to report to the Commission—as does the police—any cases of
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