Contrary to the government claims that the human rights violators are punished according to law, an RTI query by a rights group has revealed that the Centre has declined sanction for prosecution in 26 cases under Armed Forces Special Powers Act (AFSPA) while permission is awaited in 16 cases.
In a reply to an application under Right to Information Act by Jammu Kashmir Coalition of Civil Society (JKCCS), the state home department said from 1989 to 2011, they have applied for sanctions for prosecution from ministry of defence (MoD) and ministry of home affairs under section 7 of AFSPA in 50 cases only.
“Out of these, 31 pertain to MoD and 19 others have been sent to ministry of home affairs. While sanction for prosecution is awaited in 16 cases and it has been declined in 26 cases”, said Khurram Parvez, Program Coordinator of JKCCS.
Khurram said the state home department said sanction for prosecution has been recommended in 8 cases. “However, the department did not clarify what recommended means”, he said
JKCCS coordinator said joint secretary of the MoD contradicted the claim of state home department in an affidavit on June 5, 2009 submitted to the J&K High Court, in the case of Ghulam Nabi Magray vs Union of India stating they have received 35 cases from the J&K government for prosecution sanctions under AFSPA.
“Apparently they have received four more cases. In the affidavit submitted by the joint secretary of MoD, there is not even one case where sanction under AFSPA is granted for prosecution”, he said.
Khurram said in the case of the killing of rights defender Jalil Andrabi, the home department claims the sanction under the AFSPA for the proclaimed offender Major Avtar Singh is awaited, while the MoD claims they are yet to get the request.
“There is another application for prosecution sanction under AFSPA against Major Avtar Singh in police Station Baramulla, where he killed Imtiyaz Ahmed Wani in custody and according to ministry of defence the case is under consideration for prosecution sanction under AFSPA. Even when there is a red corner Interpol warrant against Major Avtar Singh and he continues to live a comfortable life in the United States of America, the ministry of defence is still not concerned in helping the processes of justice”, he said.
