Doodhipora killing, 2006

Doodhipora killing, 2006

Doodhipora killing refers to killing of four teenagers on 22 February 2006 by troops of 33 Rashtriya Rifles of Indian armed forces in Doodhipora village of Kupwara district, in Jammu and Kashmir.

Contents

Incident

On 22 February 2006, afternoon, four children namely Ghulam Hassan Bhat, Samaad Mir, Amir Hajam and Shakir were killed when troops led by Capitan of 33 rashtriya Rifles of Indian armed forces opened indiscriminate firing on children who were playing cricket in a ground near Doodhipora village.[1] The troopers were stationed at the nearby hillock of Doodhipora village, when they surrounded the entire village. They asked people to stay inside their houses or in nearby Masjid where people went for afternoon prayers. The troopers then, rushed to the playground where children were playing cricket and fired indiscriminately at them. First, they shot Abdul Samad Mir. Finding other children running out the play field and crossing a stream, troopers fired at Ghulam Hassan Bhat (while he was helping boys cross the stream) and two other boys Shakir Hasan and 8 year old Amir Akbar Hajam.[2][3][4][5]

Protest against the killing

On 23 February 2006, massive protest demonstrations were held in Handwara and some other places. Police opened fire, burst smoke shells and resorted to Lathi charge to disperse the demonstrators injuring over 15 persons. Police arrested senior separatist leaders Mohammad Yasin Malik, chairman of JKLF and Shabir Ahmad Shah, chairman Democratic Freedom Party (DFP) as they were on their way to Doodhipora.[6]

Probe ordered

On 22 Feberuary, the chief minister, Ghulam Nabi Azad ordered a judicial probe assuring that the killers would be punished. Police registered an FIR bearing 22/06 under section 302 IPC against the accused army unit.[7] Later the government, vide order No 3185-LD (A) of 2006, announced a judicial inquiry into the incident under the inquiry officer, Syed Tariq Ahmed Naqashbandi. At least, 24 villagers including an eighth class student deposed before him. The inquiry report was not forwarded to the government due to the non-cooperation of the army. However, after retirement inquiry officer, Syed Tariq Ahmed Naqashbandi, the probe came to an abrupt halt.

On 12 May, the newly appointed inquiry officer Justice Muhammad Nazir Fida in a communiqué to Commissioner Secretary Home of the state informed him that the proceedings conducted by his predecessor reveal that army’s non-cooperation was delaying the inquiry.[8][9][10]

Aftermath

January 5: The inquiry officer probing the killing of four teenaged boys by the Army at Doodhipora listed the case for a hearing on February 10 under District and Sessions Judge Syed Tariq Ahmed Naqshbandi. The personnel of 33 Rashtriya Rifles (RR), allegedly involved in the killing, did not appear before the court. They had refused appearance on the last date of hearing on December 3 last year as well.[11]

January 28: Government has provided extension in the time period for inquiry into Doodhipora firing episode. An order issued in this connection vide Government order No. 471-LD (A) of 2008 dated 25 January 2008 reads as, “in partial modification of Government Order No. 3100-LD (A) of 2007 dated 04 -12 -2007, for the words and figures “two months for submission of the report by the Inquiry Officer, from date of its expiry, that is, 22.07.2007” be read “six months for submission of report by Inquiry Officer, from date of its expiry, that is, 22.09.2007”.

February 26: Mushtaq A Shah, Chief Prosecuting Officer probing the Doodhipora incident recorded the statements of four civilians(Mohammad Ahsan Mir, Ghulam Hassan Wani, Ghulam Rasool Bhat and Mohammad Akbar Hajam who lost their dear ones in the firing incident) and issued summon to SP Handwara as the counsel mentioned that the army is intimidating the eyewitnesses and forbidding them to come out with the statements relating to the firing incident. The Chief Prosecuting Officer even ordered, enquiry should once again come up on February 28, 2007 and March 1, 2007 respectively in the office chambers of the Registrar Vigilance, High Court Complex, Srinagar.[12]

October 4: Justice MY Kawoosa, chairman SHRC(The state human rights commission) asked the state government to provide jobs to each member of family, who lost their children in the security forces firing at Doodhipora-Handwara under SRO43[13] and directed the SP Kupwara to present before it the report of the judicial probe ordered into the incident, after the affected family approached his commission.[14]

Armed Forces (Special Powers) Act

Main article: Armed Forces (Special Powers) Act, 1958

The Act has been employed in the Indian administrated state of Jammu and Kashmir since 1990[15] and has been criticized by Human Rights Watch as a "tool of state abuse, oppression and discrimination".[16] According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:

  • Fire upon or use other kinds of force even if it causes death
  • To arrest without a warrant and with the use of "necessary" force anyone who has committed certain offences or is suspected of having done so
  • To enter and search any premise in order to make such arrests.

Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.

Notes and references

  1. ^ Maqbool, Umar (21 Feberuary 2009). "22 Feb 2006: When young cricketers fell to army bullets in Doodhipora". Rising Kashmir. http://www.risingkashmir.com/index.php?option=com_content&task=view&id=1112. Retrieved 2009-03-30. 
  2. ^ Doodhipora Killings
  3. ^ 4 teenagers shot
  4. ^ Probing the killing of four teenaged boys by the Army at Doodhipora
  5. ^ Afzal, Shahjahan (21 Feberuary 2009). [http://www.risingkashmir.com/index.php?option=com_content&task=view&id=10837&Itemid=1 "Army killed 4 teenagers at Doodhipora 3 years on, Govt yet to come out with a report"]. Rising Kashmir. http://www.risingkashmir.com/index.php?option=com_content&task=view&id=10837&Itemid=1. Retrieved 2009-03-30. 
  6. ^ http://www.humanrightsjournal.com/index2.php?option=com_content&do_pdf=1&id=16
  7. ^ http://www.risingkashmir.com/index.php?option=com_content&task=view&id=10837&Itemid=1
  8. ^ Probing the killing of four teenaged boys by the Army at Doodhipora
  9. ^ http://www.kmsnews.org/news/families-troops%E2%80%99-victims-waiting-justice-last-3-years
  10. ^ http://www.risingkashmir.com/index.php?option=com_content&task=view&id=3454&Itemid=55
  11. ^ http://news.webindia123.com/news/ar_showdetails.asp?id=701050601&cat=&n_date=20070105
  12. ^ http://www.kashmirtimes.com/archive/0702/070227/news7.htm
  13. ^ http://kashmirdivision.nic.in/about/services/sro43a.htm
  14. ^ http://www.kashmirtimes.com/archive/0710/071005/KRegion.htm
  15. ^ “(PDF) The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990” Indian Ministry of Law and Justice Published by the Authority of New Deli
  16. ^ “Crisis in Kashmir” Council on Foreign Relations retrieved September 11, 2008

See also

External links


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