civil LIBERTIES
the killing of 8 persons and the injming of some^O others on 3 August 2000 in
Anantnag, where a crowd was demonstrating against-the killings in Patribal that had
occurred on 25 March 2000. In response to notices issued, both the State and Central
Governments informed the Commission that a Commission of Inquiry had been
appointed headed by Shri Justice S. R. Pandian. The Report of the Pandian Commission
was subsequently communicated to the Commission. The report held, inter alia, that
certain officers of the police and CRPF had been guilty of an excessive use of force; it
also recommended changes in the manner of deployment and use of police and para
military forces. The Commission was thereafter, advised of the follow-up action taken
by the State Government to launch criminal and disciplinary proceedings against those
held responsible, and to award compensation to the next of kin of the deceased and to
those who were injured. In the light of the range of actions taken, the Commission
concluded that there was no need for it to pursue this matter further.
3.16 In another instance, the Commission received a series of complaints from a
leader of the Jamaat-e-Isiami in Jammu and Kashmir alleging that 18 of his party
activists had been killed in BaramuUa district in 1998. Investigations had made scant
progress and the Commission was requested to assist. The Commission issued notices
to the State Government and, dissatisfied with reports that it received, summoned the
Director-General of Police to its Headquarters. The intervention of the Commission
resulted in the re-opening of investigations in respect of all of the cases that had been
closed. In 7 cases, charge-sheets were subsequently filed and a full accoimting
provided in respect of the other cases. It was leamt that certain of the killings had
resulted from internecine fighting among rival political groups.
3.17 These cases have been recounted inbrief as they are indicative of the complexity
of the situation in Jammu and Kashmir and the varied procedures that were followed
to inquire into and redress allegations ofhuman rights violations. In certain instances,
as required by Section 36(2) of the Protection of Human Rights Act, 1993, the
Commission held back when Commissions of Inquiry were especially appointed and
awaited the results of those inquiries before deciding whether to proceed or not. In
other instances, the Commission urged stronger, more diligent investigations. In each
instance, the Commission was advised of the outcome of the inquiry or investigation
and, thereafter, decided upon the course of action it should most appropriately take.
3.18 The Commission regrets, however, that it has not always been able to count on
the transparency of the investigations undertaken. The Patribal incident referred to
above, joins the Jalil Andrabi case as an instance in which opacity obscured the
ANNUAL REPORT 2000-2001
15