Excelsior Correspondent
Srinagar, July 26: High Court today sought response from the Government to PIL seeking report of Commission on 2010 killings be made public.
The Public Interest Litigation has been filed by NGO (Peoples Forum) through its Secretary M M Shuja seeking direction on Government to make the report of Commission headed by retired Justice M L Koul and its follow up action in public.
The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey sought response in this connection from Chief Secretary of the State as also Principal Secretary Home Department by or before September 13.
State counsel B A Dar (AAG) sought further time from the court to respond the contentions raised in the PIL which the court granted to him.
It is submitted in the petition that during the unrest of 2010 in Kashmir Valley about 120 killings of youth were reported following which Commission was constituted.
“Media report suggest that the Commission besides pin pointing the responsibilities has also made several recommendations to redress the grievance of the victim families kins of whom have either died or injured during the unrest”, petition reads.
However, State has not so far either made the report public or disclosed as to what action it has taken or contemplated to be taken to mitigate the sufferings of the victims with the result that the society at large carries an impression that constitution of such Commission was an exercise in futility. “Such impression is not only detrimental to the peace and security in the State but also speaks volumes about the transparency and accountability of the system and of those managing the system”, mentions the PIL.
It has been submitted before the court that the respondent State is under a constitutional obligation to make the report public so that any lapse pointed out in the report is taken note of.
The respondent State, petitioner says, has also failed to discharge its constitutional obligation to apprise the public at large about the action so far taken and the action as warranted under on the recommendations of the Commission.
“By keeping the public at large in dark the respondent State is indulging in gross abuse of process of law and trying to shield those who may have been held guilty by the Commission. Among the terms of reference assigned to the Commission it was included that the Commission should suggest ways and means to how the unrest could be prevented but the Commission took a long time to finalize the proceedings and in the mean time unrest of 2016 erupted”, PIL further reads.
It is said that, had the Commission timely completed its task and had the Government timely acted upon the recommendations, the unrest of 2016 could have been avoided.
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