Srinagar: A Public Interest Litigation has been filed in Jammu and Kashmir High Court to seek FIRs in all 117 killings during last year â€œconsequent to state actionâ€ and monitoring of the investigation of the cases which are pending investigation.
The PIL was filed by Jammu and Kashmir Liberation Front chief, Yaseen Malik, through M/S Zaffar Law Associates headed by Zaffar Ahmad Shah, renowned lawyer of Kashmir Valley.Â Â
In the petition, Malik, â€œa public thinker and responsible public spirited person,â€ has mentioned that out of 117 persons killed by armed forces, FIR has been lodged and cases registered only in respect of 37 deaths. â€œChallan has been produced in the court of law in respect of only 7 cases,â€ the petitioner said on the basis of enquiries into the matter.
As regards the others, petitioner states that except the Police Report no formal case has been registered.
The another important issue, the petitioner calls for consideration and requires investigation or enquiry: â€œWhether the response of the police or security forces against the stone pelters, many among whom have been killed during aforesaid period, was disproportionate to the act complained of?â€
The petitioner states that no law, either domestic or international, supports any â€˜state actionâ€™ which is disproportionate to the external stimuli or cause.
Â â€œDeaths have been caused to these 117 persons patently in contravention of law and no legislation guarantees immunity to any armed personnel against causing of death in civil action,â€ the petitioner says underlining that the disproportionate and excess use of force to quell any public demonstration was punishable under law.
The petitioner also questioned government enquiry into seventeen deaths only, stating therein why only selective number of cases have been referred to the Commission was not understandable.
The petitioner also contends that even if a public demonstration becomes disorderly for any reason whatsoever and resorts to stone pelting against which armed personnel are duly protected, no law authorizes the armed personnel to resort to firing.
Â â€œThe petitioner submits that this Honâ€™ble court, as at present, is the only hope for the bereaved families that justice will be done and that the killers will not go unpunished.â€
Sources told petition was likely to come up for hearing next week.Â