Justice murdered: Jan Commission way

What a mockery they have made of it. A cruel joke played with all Kashmiris in general and victims in particular, writes Zulfikar Majid.

Finally the report of one-man enquiry commission of Justice Muzzafar Jan (Retd) probing rape and murder of two girls of Shopian is out. It took the commission almost one and a half month to complete the probe. But after such a hectic exercise the questions regarding the death of two innocent girls remains unanswered. Instead of reaching the conclusion and identifying the culprits of the heinous crime, the Commission has tried to find scapegoats. Somewhere they have defamed the victims and somewhere they have questioned the character and background of the victims’ relatives. It seems that whole exercise is to save the culprits, Justice Jan has tried everything to create the confusion.

Isn’t it ridiculous to discuss caste of the two girls who were raped and then mercilessly killed? What is Justice Jan trying to prove by saying that victim Nelofar Jan and Roomi Jan (sister of other victims Asiya Jan) were frequently visiting their orchard where Nelofar might have developed some relation with someone else. Is visiting one’s orchard a crime? Assumptions and presumptions of the commission have not only hurt the sentiments of the victims’ relatives, but whole Kashmir is infuriated by such allegations.

To hide its incompetence, the investigating agency has leveled wild allegations against the victims and their families. It was a simple case of gang rape and murder and it didn’t need any mysterious method to establish it. What people of Shopian have been saying from day one, Jan Commission has come up with it after a hectic exercise spanned over a more period of more than one month? People said that it wasn’t a case of drowning, and active role of some police officials in the occurrence of crime can’t be ruled out.

The allegations against the brother of Nelofar, Syed Zeerak Shah, according to commission report, is that he slapped a doctor who was conducting post mortem and instigated the public to protest against the crime. What do you expect from a brother whose sister has been gang raped and then brutally murdered? No brother on this earth can remain cool and calm after such an outrageous assault on the modesty of his sister.

For slapping a doctor and protesting against the government, Justice Jan has recommended that sustained questioning/interrogation of Zeerak Shah be carried out so as “to work out the possibility of his involvement in the rape and murder of Nelofar and Asiya.” Similarly, about Asiya’s brother and Nelofar’s husband, Shakeel Ahmad Ahnager, the commission has recommended an in-depth investigation to “work out the possibility of his and his friends’ involvement in the crime.” His fault is that he has a Maruti car and maintains a good living standard. This is the height of things. At the least, this whole report is ridiculous and absurd. Does Justice Jan expect us to believe that a brother would get his sister raped? It can’t be thought of. Didn’t Justice Jan think twice before scripting such outrageous statements in his diary? The commission has trivialized the grave and serious issue. The way the commission has questioned the modesty of the victims is more outrageous than there rape.

The Jan Commission has also poked its nose in the working of media for which it had no mandate. It has recommended firm guidelines to ensure that the authenticity of the news be verified and only after proper satisfaction of the guidelines of the news, it be published. The local media by and large reported in a professional manner throughout these weeks and they don’t need any lessons on that from Justice Jan.

The tragedy and its initial handling had already put the credibility of the government at stake. Police refused to register an FIR against the rape and murder. It flared up the whole valley and relentless protests were held. Two people lost lives in the protests while dozens others were injured after which police finally registered the FIR. Initially the chief minister, Omar Abdullah, was mislead that it was a drowning case and he even stated it before the mediamen in a press conference on June 1. In the same press conference, Omar said that Commission has been setup to probe the incident and within a month it would come up with the facts. Where are the facts and who has been arrested? People had little hope with the commission as Justice Jan is known for his political proclivities to a particular political party.

When people were demanding probe by a sitting judge of a High Court, government excused itself that it was time consuming to seek permission from Supreme Court for such a probe. He had stated that facts would be before the people within a month. What happened to Omar’s promise?There are some questions, which need answers from both the commission and the government. Who destroys evidences after the occurrence of the crime? Even in a normal crime, police registers FIR without any delay. What is Justice Jan trying to establish when he says that it seems that the investigating agency i.e. SI, SHO, Dy SP and SP are unaware of the mandatory provisions of section 174 CRPC, Rule 580 of Police Manual, Rule 614 of Police Rules and 157 (b) CRPC. It seems Justice Jan has left no stone unturned to cover up the issue.

The way Justice Jan Commission has investigated the outrageous tragedy of rape and murder of two women in Shopian and has absolved the security agencies of suspicion, has trivialized the collective honor of the Kashmiri nation and the modesty of womenfolk in general.

The whole Kashmir was aghast over this very shameful and outrageous incident justifiably enraging the people. Had this tragedy struck elsewhere, the whole world would have rallied behind the victims, seeking punishment to culprits. Mukhtartan Mai’s case became a hot new across the globe because the incident had happened in Pakistan and not elsewhere.

Over the past two decades, number of commissions have been setup in Kashmir to probe the human rights violations. But a minuscule few had come up with the facts. It has dented the credibility of the institutions. Government should keep in mind that not less than Prime Minster of India has intervened in Shopian incident and assured that culprits would be brought to the book, irrespective of their position.

The case is already being monitored by the High Court and Special Investigation Team of Police is also probing it. It is high time that all the police officials whose names have figured in destruction of evidence be arrested and interrogated thoroughly. Prime Minister and Chief Minister should come up with a clear statement on the issue. And if local agencies aren’t able to crack the case, let it be handed over to premier investigating agency CBI, which have requisite expertise to investigate such cases. Jan Commission either lacked the competence to solve the case, or had ulterior motives.