Civil Liberties
applicable to complaints received by the Commission, rather than the special procedure
laid down in Section 19 of the Act.
3.13 As in earlier years, the Commission remained in touch with the competent
authorities at the State level, both in Jammu & Kashmir and in the North-Eastem States,
in respect of the broad range of human rights issues facing them. Procedures continued
to be recommended for a variety of situations, including cordon-and-search and similar
operations, with a view to protecting human rights to the greatest extent possible in the
complex circumstances prevailing in these States. All concerned were also reminded to
function in accordance with the ruling of the Supreme Court in Writ Petition No. 910
in respect of the Armed Forces (Special Powers) Act, 1958. It wll be recalled that the
Commission had, itself, made a submission before the Apex Court in that case.
3.14 The Commission also continued to deal with the representations received fiom
members of the Kashmiri Pandit community who have been forced to leave the Valley
and live in the most trying conditions, and in large numbers in camps in Jammu, Delhi
and elsewhere. In this connection, an important decision was announced by the
Commission on 11 June 1999, in respect of the degree and nature of its jurisdiction for
the State of Jammu & Kashmir. It is hoped that this decision, and the many practical
recommendations and procedures that the Commission has made, or set in place since
then, will be of continuing assistance to this group in alleviating their poignant
circumstances.
3.15 On the same day, namely 11 June 1999, the Commission also announced its
opinion on the grave claim brought before it by groups representing Kashmiri Pandits,
that members of their community were the victims of genocide. The extensive data
presented to the Commission was profoundly disturbing and tragic. The Central
Government indicated that the number of those killed because of the insurgency and
terrorism in the State between 1988-1997 was 16,850, including 710 Hindu civilians and
6,219 Muslim civilians. A list of 157 'leaders' who had been killed in the Valley over this
period was also provided: 37 of them were Hindus and 120 were Muslims. Though there
were minor differences in the figures provided by the parties, there was a general view
that some 300,000 Kashmiri Pandits had been forced to leave the Valley because of the
terror imleashed in their home State. Representatives of the Pandits asserted that some
1000 members of tlieir community had been killed in the Valley, and the names of those
who had succumbed to torture in the hands of the terrorists were mentioned. The State
and Central Governments did not dispute the numbers of those who had had to leave
the Valley. They asserted, however, that in addition to the Kashmiri Pandits, a number
of Sikh families and some 1500 Muslim families had also registered for relief assistance,
while many other Muslim families had left but been afraid to register for fear of reprisals
against their relatives.
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