NHRC issues Notice to Defence Secretary and Chief Secretary, J & K on ex-gratia relief to those affected by human rights violations by the army and Notice to Chief Secretary and DGP, Haryana on firing at three undertrial prisoners

New Delhi, December 26, 2006

The National Human Rights Commission has directed the Defence Secretary and Chief Secretary, Jammu & Kashmir to apprise the Commission about ex-gratia relief if any awarded to the victims or next of kin of the victims who were affected by human rights violations by armed forces personnel in J & K. The move comes after; the Commission took Suo-motu cognizance of a newspaper report published in the Kashmir Times on December 17, 2006 under the heading "76 army men punished for HR violations". The report said that these army personnel were awarded punishment during the last couple of years on getting complaints of human rights violation against them. The report further said that higher authorities in the army had been given instructions to make anti-insurgency operation people-friendly and minimize civilian losses, yet such violations had taken place. The report quoting the General Officer Commanding (GOC) 15 Cops indicated that the punishment included dismissal from service.
The Commission also went through the contents of another newspaper report which said that three prisoners were fired at by anti-social elements in Gurgaon while on way to a Court at Jaipur, resulting in the death of two prisoners.
Taking Suo-Motu cognizance of the report published in the Navbharat Times on December 19, 2006, the Commission said the contents, if true, raise a serious issue of right to security of the accused or undertrial prisoners. The report said that the Gurgaon Police was taking the three prisoners to a Court in Jaipur when the incident took place at Rajiv Gandhi Chowk in Gurgaon. While one of the prisoners died on the spot, the other expired while being taken to the hospital. The report further said that these three prisoners were involved in a case relating to the murder of a sepoy in Jaipur. The Commission has directed that a copy of the newspaper report be sent to the Chief Secretary and DGP, Haryana for their comments within four weeks.
****