AA Edit | Welcome step by Army to act over deaths in custody

Some media outlets reported that a video has purportedly been circulated alleging custodial torture.

Update: 2023-12-26 18:26 GMT
Chief of Army Staff General Manoj Pande during a visit to review the security situation in the Poonch sector, Monday, Dec. 25, 2023. (PTI Photo)

In a welcome change, the Indian Army has promptly ordered the institution of a court of inquiry into the case of three alleged custodial deaths in Poonch in Jammu and Kashmir. It has also ordered that three officers of the rank of brigadier, colonel and lieutenant-colonel of 48 Rashtriya Rifles, facing the allegations, be moved out of the area.

The Army ordered the court of inquiry after the police registered an FIR under Section 302 of the Indian Penal Code pertaining to murder against “unknown persons” when three civilians, picked up by the armed forces for questioning following the deaths of three soldiers in a terrorist attack, were found dead themselves.

The FIR registered by the Surankote police recorded that an alleged custodial death occurred in the Poonch-Rajouri sector, subsequent to a terror attack on the Indian Army on December 21, following which the forces took several suspects into custody, of whom three “succumbed”.

The deaths of three civilians, whose identities were later confirmed by the J&K police to be Mohammad Showkat (22), Shabir Ahmad (32) and Safeer Hussain (45), sparked allegations of custodial torture. The public outrage that followed, despite compensation of Rs 10 lakhs being announced for the families of victims, forced the administration to shut down the Internet in the area. Some media outlets reported that a video has purportedly been circulated alleging custodial torture.

Most regional political parties, including the former chief ministers Mehbooba Mufti, who heads the People’s Democratic Party, and Omar Abdullah of the Jammu & Kashmir National Conference, demanded a probe into the incident.

As per the FIR, whose contents were reported in the media, the local police registered a case based on information available to it that nine youths were held by the Army for questioning after a terror incident near Dera Ki Gali on December 21. These youths were picked up from nearby areas, including Topi Peer, Sawni and Buffliaz.

A day earlier, on December 21, four soldiers were killed after their vehicles were ambushed by Pakistan-backed terrorists in the Surankote area of Poonch. The country watched with sadness as the mortal remains of the four bravehearts — Naik Birendra Singh and rifleman Gautam Kumar (both residents of Uttarakhand), Naik Karan Kumar (Uttar Pradesh) and rifleman Chandan Kumar (Bihar) — were taken to their native places with full honours for cremation. The militant offshoot of the Jaish-e-Mohammed, the curiously named People’s Anti-Fascist Front or PAFF, has claimed responsibility for the terrorist attack.

The Army, reacting to the public outrage over the reports of alleged custodial deaths, promised that it “stands committed to extending full cooperation” in conduct of the investigation. As Gulam Ali, BJP member of Rajya Sabha, said: “The Indian Army is a professional force, which respects human rights, and it would maintain the highest level of professional conduct.”

In a post shared on its official social media account, the Indian Army released a statement saying that, “…reports have been received regarding three civilian deaths in the area. The matter is under investigation. Indian Army stands committed to extending full support and cooperation in the conduct of investigations”.

The government of the Union territory, in its statement, said that legal action had been initiated: “The death of three civilians was reported [yesterday]. Medical legal formalities were conducted and legal action has been initiated by appropriate authority.

The prompt legal action gives hope that the Indian Army will not only end the menace of terrorism but in so doing acquit themselves with honour.

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