Commission says while the forces have a right to respond in self-defence, it does not have the right to glamorise killings.
The National Human Rights Commission (NHRC) this week issued a notice to the Jammu and Kashmir Director General of Police (DGP) after finding that a tweet by the Kashmir Zone Police on August 21 tried to “glamorise” encounter killings of alleged militants.
The NHRC on Monday asked for a report by October 1 after taking suo motu cognisance in the case based on “Twitter handle of Imtiyaz Hussain”, referring to the Senior Superintendent of Police (security, Kashmir), according to the case proceedings available on the Commission’s website.
Mr. Hussain had quoted the tweet by the Kashmir Zone Police on August 21 about the action that led to the death of four alleged militants. An NHRC source said it was Mr. Hussain’s quote-tweet that was brought to the knowledge of the Commission as being a senior officer he had retweeted and “endorsed” the Kashmir Zone Police’s tweet.
“By releasing video of attack, #terrorists want to glamourise #terrorism. But they can’t. We replied by actions & killed 04 top cmdrs, Sajjad @ Haider & FT Taimur Khan @ Abu Usman (seen in said video/attack) & Naseer @ Sad bhai & FT Ali bhai @ Danish within 72 hours. @JmuKmrPolice (sic),” the Kashmir Zone Police’s official handle tweeted on August 21.
Quoting the Kashmir Zone Police’s tweet, Mr. Hussain, tweeted: “We work within the parameters of law, with utmost restraint and highest regard for human lives. Outlaws can only be cowards. Befitting reply by us with elimination of entire gang. Jai Hind”.
While stating that the Commission understood that “some police officer” had responded to the release of a video of an attack on security forces, the NHRC said: “The officer has this way tried to glamorise the action taken by the police by killing four persons stated to be top commanders of a militant group.”
Victim of Militancy
The NHRC said it understood that the police had been a victim of militancy and that the government and security agencies were trying their best to reduce violent incidents.
“In these circumstances, the forces while doing their lawful duty do have a right to respond in self-defence while they are dealing with an extraordinary situation like an ambush or attack by the miscreants, but it does not give the right to the police and security forces to kill anyone at their will and then glamorise the killing. This is unethical. The Commission is pained to notice that member of a disciplined police force has acted in a sheer reckless manner by posting such infuriating and unwarranted content on social media, which can only spread a message of lawlessness and anarchy,” the NHRC proceedings stated.
The Commission said officers in uniform could not be permitted to act in “such a negligent manner” that could result in a possible violation of human rights.
Guidelines
The NHRC reiterated its 1997 guidelines and 2010 revised guidelines for the States and Union Territories to report all deaths in police action within 48 hours of the incident. It said earlier it had limited jurisdiction over Jammu and Kashmir, but after the State was made a Union Territory in August 2019 and the relevant provision of the Protection of Human Rights Act, 1993 was repealed, the guidelines were applicable to it.
Earlier this year, the NHRC had written to the Jammu and Kashmir and Ladakh Union Territories, asking them to intimate it of all custodial deaths within 24 hours and encounter deaths in 48 hours.
“As per available records, these four deaths in encounter with the police that occurred in the UT of Jammu and Kashmir have not been reported by the authorities which tantamount to violation of the specific guidelines issued by the Commission. Hence, the DGP is expected to explain the non-compliance while sending the detailed report to the Commission,” it said.
With inputs from The Hindu