Justice for victims of army atrocities in Kashmir: Long road to accountability

Since the Armed Forces Special Powers Act came into force in Jammu and Kashmir in 1990, the Indian government has not granted permission to prosecute any security force personnel in civilian courts.

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ONE would have liked to join the hoi polloi in welcoming the decision of the General Court Martial to recommend imprisonment for life to Captain Bhoopendra Singh, alias Major Bashir Khan for staging the encounter killings of three men in Shopian, Kashmir in 2020. The sentence will be final if and when it is confirmed by the Northern Army Commander. However, the brooding presence of the past cautions one's reaction.

Welcome and necessary initiative

While difficult indeed for the top brass, there are ways to facilitate keeping the rules, where democracy rules. One is to set an example as a military commander by seeing to it that a thorough investigation will be carried out when human rights violations, by soldiers under their command, have been reported. If offenders are not brought to justice the army will continue dishonouring itself.

The Indian Army will only be doing itself proud by isolating the few bad eggs. For this, in the present case, the commanding officer is to be commended. This is indeed a welcome and necessary initiative.

Unhappy past experience

However, a few swallows do not make the summer. In the past, the army has resisted any move by the Jammu and Kashmir Police (JK Police) to get the custody of accused army officials, including in two highly publicised cases — the 2007 Ganderbal fake encounter case and the 2000 Pathribal fake encounter case.