4 EMINENT KASHMIRIS FILE PETITION WITH LG SINHA, SEEK JUDICIAL PROBE IN HYDERPORA ENCOUNTER

Terming the recent Hyderpora shootout “a worst-ever tragedy”, a group of citizens has written a petition to Lieutenant Governor Manoj Sinha pleading that only a judicial probe can deliver justice in the case.

Four Kashmir-based persons – social activist and commentator Ahmed Ayaz, advocate Irfan Hafiz Lone, social activist and political analyst Iftikhar Misger, and journalist Majid Hyderi – in a letter to the Lieutenant Governor said: “On November 15, Kashmir witnessed one of the worst-ever tragedies –the Hyderpora shootout in Srinagar. The heart-wrenching incident saw even orphaned minors including an infant seeking justice. As per the bereaved families, three of slain persons were innocents, murdered in cold blood.”

“The version of the bereaved families, coupled with circumstantial evidence, which first led to hurried-and-secret burial followed by exhumation, consolidated into prima facie, which the bereaved say, suggests that the encounter was staged,” the petition stated.

The petitioners said: “Amid self-satisfying claims about the shootout, the police had constituted a Special Investigation Team to probe allegations against its force. Subsequently, in the wake of public outcry, your worthy self ordered a magisterial probe.  But Sir, given the fact that magisterial probes in such cases in the past have largely proved a customary gesture, there’s more than humanitarian need to take this case to a logical conclusion.”

The petition also questioned the magisterial probe stating that in the prevalent circumstances a government servant won’t be able to do justice. “A government servant of the cadre of Additional District Magistrate is subordinate to superiors. And in the given circumstances, it amounts to be a judge in its own case, which goes against the spirit of law; here a subordinate is being asked to do justice between his superiors and aspirations of common people. Moreover at a time when the Government is recommending cases under Article 311(2)(c) of the Constitution of India for dismissal of government services, any official will think twice before proceeding, if needed, against state actors in such a case,” the petition stated.

“And then, if the government has nothing to hide, why should it shy away from a judicial probe by sitting or retired judges of Honorable Supreme Court or High Court? Nevertheless, the law observes that justice should not only be delivered but should be visibly done. That your august self has been holding a series titled Awaam Ki Awaaz, this time the Awaam unanimously demands the much-needed judicial probe,” it added.

The petitioners concluded the plea stating that: “To deliver justice in the true spirit, we hope that the judicial probe is ordered in accordance with the aspirations of the people so that it serves deterrent and ensures protection of the life of every human being.”