C I V I L L I B E RT I E S
4.32 Regrettably, the ugly hand of terrorism was in evidence in a wide range
of brutal acts spread over the country. Thus, on 25 September 2002, sharing
the nation's shock and grief, the Commission strongly condemned the
outrageous terrorist attack which occurred against innocent civilians in the
Akshardham temple in Gandhinagar on 24 September 2002, continuing into
the morning of 25 September 2002. The Commission observed that it had
consistently taken the position that such criminal acts are in any circumstances
unjustifiable, whatever reason may be invoked to justify them. They were
violative of every conceiveable human right and the full force of the law must
be brought to bear in dealing with such acts of terrorism and in bringing to
justice those who perpetrate or abet them. In the same Proceedings, the
Commission extended its deepest condolences to the families of those who had
lost their lives or been injured in the terrorist attack, including those of the
security forces. The Commission expressed its great appreciation of the prompt
statements made by the leaders of political parties, as also leaders of various
communities, urging that inter-communal harmony be maintained. It also
urged all elements of civil society to cooperate fully with the authorities in their
effort to maintain law and order and to preserve and protect the human rights
of all of the people of Gujarat and, indeed, of the country as a whole. The
Commission stressed that nothing should be done to divert the attention of the
authorities from the fulfillment of their responsibilities in this respect, nor
should any encouragement be given to any act or statement that could
exacerbate the present situation.
4.33 Despite the provocation of terrorist acts, the Commission remained true
to the duties entrusted to it under the Protection of Human Rights Act, 1993.
It thus initiated and pursued action in respect of the 224 complaints that it
received alleging the violation of human rights by personnel of the army and
the 138 complaints of such violations by personnel of the para-military forces.
4.34 According to information provided by the Ministry of Defence, in the
course of 2002-2003, the latter itself received some 60 complaints, alleging the
violation of human rights by army personnel. Of these complaints, investigation
in respect of 18 cases had been completed, while 42 cases were under
investigation as of 31 March 2003. In two cases, the allegations made were
found to be true and punishment was awarded. In one of these cases, relating
to Jammu & Kashmir, the accused person was dismissed from service after
serving three months of rigorous imprisonment. In contrast to the Ministry of
Defence, the Ministry of Home Affairs has sent a 'nil' report to the Commission
for the first two quarters of 2002-2003, and no report for the subsequent two
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