Excelsior Correspondent
Srinagar, June 5: The High Court today issued notice to State Government for its response to PIL seeking report of Commission of 2010 killings be made public.
The Public Interest has been filed by NGO (Peoples Forum) through its Secretary M M Shuja seeking a direction on State Government to make the report of “Koul Commission” of retired Justice M L Kour and its follow up action public.
The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey issued notice to Chief Secretary of the State as also to Principal Secretary Home Department for filing their response to the PIL.
It is submitted in the petition that during the unrest of 2010 in Kashmir Valley, about killing of 120 youth were reported which led to public resentment. The State had constituted a commission of enquiry under the J & K Commission of Enquiry Act to be conducted by retired Justice M L Koul.
“That media report suggested 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” the, petition read.
However, petitioner submitted that the 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”, mentioned the PIL.
It has been submitted before the Sourt that the 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 State, petitioner said, 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. That among the terms of reference assigned to the Commission it was included that the commission should suggest ways and means as 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 read.
It is said that, had the commission timely completed its take and had the Government timely acted upon the recommendations, the unrest of 2016 could have been avoided. The inordinate delay on the part of respondent state in dealing with the report of the Commission is likely to aggregate the public anger which is the main cause of concern of the petitioner.
As such, petitioner sought direction from the court to command the State to make public the report submitted by the “Koul Commission” as also submit the action taken report with respect to findings of the Commission.
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