NHRC's directions on enforced or involuntary disappearances in J&K Notice issued to Ministry of Defence on the death of Tahir Hassan

The National Human Rights Commission took an adverse view of unsatisfactory and vague reply furnished by the Government of Jammu & Kashmir regarding enforced or involuntary disappearances in that State. In its Proceedings on 17 September, the Full Commission asked the Government of J&K to furnish all details in regard to these occurrences.
Mr. Parvez Imroz, Patron, Association of Parents of Disappeared Persons, sent to the Commission on 15th July a list of alleged disappeared persons. The Commission directed that that list should be sent to the Chief Secretary, Government of J&K for his comments in respect of each one of the persons mentioned in that list within eight weeks.
On 14 May 2003, the Commission directed the Government of J&K to furnish the following information :

i) whether the State Government has established a system to record allegations of enforced or involuntary disappearances and, if so, the nature of that system;
ii) the number of such allegations recorded by it, the details of the system established thus far to investigate such allegations and the results, thus far, of such investigations;
iii) the measures that are being taken to prevent the occurrence of enforced or involuntary disappearances; and
iv) the measures that are being taken to bring to book those who may have been involved in such disappearances and to provide justice to those who have suffered.

On 28th July, the Government of J&K sent a reply which was singularly silent about the establishment of a system to record allegations of enforced or involuntary disappearances or the nature of that system. It has also not informed the Commission about the number of allegations and the details of the system established to investigate the allegations and the results of those investigations.
The Commission noted that the Home Department, Government of Jammu & Kashmir seems to have mistaken the query regarding recording of allegations with references made by NHRC/SHRC/Ministry of Home Affairs, Government of India and the Home Department, J&K. The Commission observed that the assertion in the reply of the Government of J&K that reports were called for and communicated to the concerned quarters was also vague. It has, therefore, asked the Home Department, Government of J&K to specifically answer all the issues raised by the Commission. The Commission also asked it to furnish details of its directions regarding the measures to prevent occurrences of enforced or involuntary disappearances.
While noting that necessary instructions have been issued by the Government of J&K `to the field staff to avoid such happenings, the Commission observed that there was no indication of any action having been taken to bring to book those who were involved in enforced or involuntary disappearances. The Commission directed the Government of J&K to send a detailed reply to the Commission within six weeks.
The Commission took suo-motu cognizance of a report in a national daily on 17 September 2003 entitled "Army takes away groom on Day 1 of wedding, sends his body back." In its Proceedings on 18 September, the Commission forwarded a copy of that press report to the Secretary, Ministry of Defence, Government of India to look into it and submit his comments within four weeks.
According to the press report, Afroza's marriage on September 11 lasted just about 10 hours. The morning after her wedding, a group of Army personnel came and took away her husband, Tahir Hassan. That was the last time the 19-year-old bride saw him. Three days later, the family was told that the 22-year-old Tahir, who the Army claimed was their "guide", had been killed in an explosion at a militant camp. They handed over the family parts of his body.
Upon perusing that press report, the Commission noted that if the report were true, it raised serious issue of violation of human rights.
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