CIVIL LIBERTIES The Commission went on to: urge the Government to disclose the facts relating to the deaths in Patribal and take appropriate action if wrong has been done. The longterm interests of the State and the security of the nation can never be advanced by the concealment of possible wrong-doing. It is a serious mistake to think otherwise.' 4.16 The Commission's worst suspicions in respect of this matter gained credence when an article appeared in the Times of India of 6 March 2002 stating that ofhcials had tampered with the DNA samples of the relatives of those killed in Patribal in order to prove the test results negative, and that for more than one year, the Jammu and Kashmir Government had 'been sitting over a damning report from Hyderabad.' The Commission therefore took up this matter again on 13 March 2002, directing the State Government, as well as the Ministry of Defence and the Ministry of Home Affairs, Government of India, to submit comprehensive up-to-date reports on the action takenin this matter, together with the action being contemplated, to correctly identify the five deceased .persons. The reports were awaited. The , Commission has every intention of pursuing this matter till justice is done. 4.17 Another case which is a source of continuing embarrassment to the country is that of Jalil Andrabi. The case remains exactly where it was a year ago. It is sub judice before the High Court of Jammu £ind Kashmir. However, despite a notice having been served on the army to produce the officer of the army suspected to be involved in the abduction and subsequent death of Jalil Andrabi, this has not been done. The persistence of such a situation reflects extremely poorly on the conduct of those who are failing to cooperate in ensuring justice in this most serious case. Here again, the Commission urges the Central Government to ensure that action is taken without further prevarication to bring to book those who were responsible for committing this heinous crime. It should not be said that the processes of our country protect those who are guilty of such grievous wrongs and human rights violations. 4.18 The Commission had also pursued the matter of the killing of Amamath pilgrims and shopkeepers in Pahalgam on 1 August 2000 in respect of which a Commission of Inquiry had been appointed, headed by Lt. General J.R. Mukerjee. In contrast to the Patribal incident, those responsible for the deaths in Pahalgam were identified, whether they were terrorists or police personnel, lapses were identified and recommendations made to remedy them, criminal prosecutions and ANNUAL REPORT 2001-2002 j 29

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