The views of the Commission on the protection of human rights in areas subjected to
terrorism and insurgency are well known and have been recorded in detail in earlier reports.
The Commission is of the view that all elements of civil society must combine to fight the
menace of terrorism. It is not a fight to be conducted by the armed forces and police alone.
Instead, it must be fought at the political level, at the economic and aodal level, at the level of
ideas. But, above all, it must be fwght in a manner that reapects human rights, whatever the
difficulties this may entail for tho State and to those who are engaged in this task. The
Commission believes that there must be full and uncompromising adherence to the provisions
of the Constitution of our Republic, the laws of our land, and the treaty commitments to which
our State is a party. The Commission has made clear that it will not countenance departures
from this exacting standard. The sscurity of the State uan never be assured at the expense of
the human dignity of those for whom the State exists. To the contrary, it is evident that respect
for human rights must be an essential component in formulating any worthwhile policy of
national security.
3.5
The Commission is therefore deeply disturbed when, In its view, there is a lack of
3.6
transparency in dealing with those who may have bean guilty of human rights violations. For
instance, the Commission is yet to satisfy itself that Jwrtlcehas fully been done in regard to the
tragic loss of life that occurred in Bijbehara, In the State of Jammu & Kashmir, on 22 October
1983 in respect of which incident it had made specific recommendations. After receiving a
report of the Ministry of Home Affairs dated 12 February 1998 informing it of the outcome of
the proceedings of the Staff Court of Inquiry (SCOI) and the proceedings of the trial held by
the General Security Force Court (GSFC), the Commlssion considered it essential to call for
the records of those proceedings before taking a final view on the matter. The Commission is
determined to see this case through to its logical conclusion. At the end of the year under
reporting, it was awiting the records of those proceedings and was contemplating moving a
Writ Petition before the Supreme Court ifit were denied full access to the records that it had
sought.
The Commission is also deeply concerned that those responsible for the March 1996
3.7
abduction of Shri Jalil Andrabi, a prominent advocate of Srinagar and his subsequent killing,
are yet to be brought to trial. The Commission itsell filed an application in respect of this mse
before the High Court of Jammu & Kashmir urging that an in-depth, transparent and honest
investigation was mcessary. It also sought the permission of the Court to intervene and
assist in this matter and presented the results of its own investigation to the Court. It is a
matter of deep regret that the perpetrators have still not been brought to justice. The
Commission considers this to be unacceptable. It urges greater seriousnese of purpose in the
effort to track down and bring to book the abductors and killers of Jalil Andrabi.
3.8
The Commission visited Jarnrnu & Kaahmir In November 1998 for discussions with the