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C I V I L L I B E RT I E S
persons who were killed in Patribal by the security forces in the aftermath of
the Chittisinghpora tragedy, the Commission was dismayed to learn from media
reports that the samples selected by officials of the State Government for DNA
testing had been tampered with. The Commission was informed thereafter that
the State Government had constituted a Commission of Inquiry headed by Shri
Justice G.A. Kuchai to look into this matter and to fix responsibility on the
delinquent public servants responsible for this wrong-doing. On 16 January
2003, the Government of Jammu & Kashmir formed a Cabinet sub-committee
to examine the Justice Kuchai Commission's report and to suggest further
action on it in order to ensure that no guilty person escaped prosecution.
4.22 As regards the case of Jalil Andrabi, who was abducted and subsequently
died, no progress was reported during the past year. The case remained subjudice before the High Court of Jammu & Kashmir. Despite a notice having
been served on the army to produce the officer suspected of being involved in
this matter, this had not been done. Once again, the Commission urges the
Central Government to ensure that action is taken to resolve this painful
matter which has been a source of continuing embarrassment to the country.
4.23 Throughout the year under review, the Commission continued to be
deeply involved in efforts to monitor and alleviate the problems being faced
by members of the Kashmiri Pandit community, of whom some 300,000 have
been compelled to leave the Valley since the insurgency began.
4.24 It will be recalled that, upon the recommendation of the Commission, a
committee had been constituted at the State-level to examine and expeditiously
resolve the difficulties being faced by the Kashmiri Pandits. To this end, the
Commission had also appointed its Special Rapporteur to serve on the committee
and to keep the Commission regularly informed of the efforts being made.
4.25 It was a matter of deep regret to the Commission, as also to the Kashmiri
Pandits that, in the year 2000-2001, the committee had not been meeting with
the regularity expected of it. The matter had therefore been taken up by the
former Chairperson of the Commission at the highest echelons of the State
Government when he had visited Jammu & Kashmir.
4.26 With the change in Government in the State following the election
conducted in October 2002, fresh impetus was given to the efforts of this
Commission by its new Chairperson, who visited Jammu accompanied by the
Special Rapporteur of the Commission. In a meeting that was convened in
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N