Army’s closure of Pathribal encounter draws flak

Excelsior Correspondent
SRINAGAR, Jan 24: The closure of Pathribal fake encounter killings by Army has drawn flak across the political spectrum in the Kashmir, with victims’ families expressing shock over the closure report.
Family members of five men killed on March 26, 2000 in the fake encounter in Pathribal village in South Kashmir’s Anantnag district expressed shock over the closure report.
Abdul Rashid Khan, a resident of Brari-Aangan in Anantnag, whose father Juma Khan was killed in Pathribal encounter, said that he was sure of getting justice after premier investigating agency CBI admitted that the killing of his father was a cold blooded murder.
Ghulam Nabi Malik whose elder brother Mohammad Yousuf Malik resident of Halan Verinag was killed in the encounter, questioned the Army for over ruling the CBI findings.
The patron of Opposition People’s Democratic Party (PDP) and former Chief Minister Mufti Mohammad Sayeed described the Army’s closure of the case as “miscarriage of justice.”
In a statement Mufti said the army’s decision is a huge setback to the efforts at reconciliation and delivery of justice, which is prerequisite for building trust. He said while there have been many instances in which standards of justice applied to incidents taking place in Jammu and Kashmir have been found short of the universal standards applied in rest of the country, Pathribal atrocity stood out even among them for its cruelty and context.
Mufti said, “This could have been a test case for our institutions to rise above other considerations and uphold the supreme principles of justice to open a new chapter of reconciliation in Kashmir, but it has clearly been wasted.”
Mufti said there was an urgent need for taking bold initiatives and changing mind sets to ensure justice in J&K, but, unfortunately, there has been a huge deficit on that score. “While there is a genuine outrage at Khirki incident in New Delhi, the opposite of it is seen in J&K, where all institutions, from the local police station to the highest court in the land, have for the last 15 years not been able to deliver justice or provoke a national debate, even though five innocent citizens of the same country were picked up like lambs for slaughter,” he said.
Ruling National Conference party’s Member of Parliament, Mehboob Beigh censured the Army decision for closing the case without citing proper reasons.
“Even CBI admitted that Pathribal incident was fake and it was a cold blooded murder. The Apex Court approved the findings of CBI but unfortunately, the Army has closed the case without citing proper reasons,” said Beigh.
Hurriyat Conference (G) Chairman Syed Ali Shah Geelani said Army has have been given license to kill innocent people and many black laws are being used to shield them.
Hurriyat Conference (M) chairman, Mirwaiz Umar Farooq said until the Armed Forces Special Powers Act (AFSPA) is revoked from the state, Pathribal like encounters are unstoppable.
“The closure of Pathribal fake encounter case is a murder of justice by the sword of AFSPA. Army’s decision has once again proved our stand that such type of inquiry commissions and court martial’s are created to buy time and to protect the culprits,” said Mirwaiz.
Awami Ittihaad Party (AIP) chief Er Rashid said that closing down Pathribal fake encounter case is another day of shame for democracy.
Amnesty International today condemned the decision on the Pathribal fake encounter case, saying that the Indian Army has ‘blatantly shown disregard towards the due process of law by closing the case.
A spokesperson of the Global Human Rights Watchdog said Army’s stance of ‘zero tolerance’ for human rights violations rings hollow with dismissal of Pathribal case.