Human shield row: SHRC directs J-K govt to provide Rs 10 lakh as compensation to victim

Human shield row: On April 9, when the Srinagar parliamentary constituency was going for a re-poll, an army officer Major Nitin Gogoi tied a civilian to the bonnet of army vehicle and paraded him 19 different villages of district Budgam.

Written by Bashaarat Masood | Srinagar | Updated: July 10, 2017 5:30 pm
human shield row, Army major gogoi, human rights, Farooq Ahmad Dar, Jammu and Kashmir, Mehbooba Mufti, human rights, kashmiri human shield, 10 lakh compensation, stone pelters Farooq Ahmad Dar, the Kashmiri who was tied to the jeep as a human shield. (Express Photo)

Saying that “such a treatment to human being can’t be accepted by any civilized society”, the State Human Rights Commission (SHRC) has directed the J-K government to pay rupees ten lakhs as compensation to Farooq Ahmad Dar, a civilian tied to the Bonnet of the vehicle by Army on April 9.

“The report of the police accepts that Farooq Ahmad Dar … was tied to bonnet of a vehicle and used as human shield… There are laws in this country and international laws which prohibit such a treatment even to a convict. Such a treatment to human being cannot be accepted in a civilized society,” said Justice (Retd) Bilal Nazki in his judgement. Nazki is the chairperson of the State Human Rights Commission. “The protection of life and liberty of the people is basic responsibility of the state government. The Commission thinks it appropriate to direct the state government to pay compensation of Rs 10 lakhs to the victim”.

The Commission, however, didn’t rule on the role and culpability of the army officer in the case citing the “limited applicability of the Protection for Human Rights Act 1993 to the state of Jammu and Kashmir”.

On April 9, when the Srinagar parliamentary constituency was going for a re-poll, an army officer Major Nitin Gogoi tied a civilian to the bonnet of army vehicle and paraded him 19 different villages of district Budgam. While the army said it did it to save the lives of people from stone throwing protestors, the act was widely condemned – both nationally and internationally.

ALSO READ: J&K: Shawl artisan says Army tied me to jeep, paraded me across nine villages

While the army ordered a probe into the incident, army chief Gen Bipin Rawat appreciated Major Gogoi’s act and also awarded him with a commendation medal.

Following it, a human rights activist from Kashmir Ahsan Untoo approached the State Human Rights Commission. The Commission in its judgment has said that the “State government cannot escape from the responsibility of having failed to protect human rights” of a citizen.

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  1. R
    Rabindra Nath Roy
    Jul 15, 2017 at 4:04 pm
    The Judgement of the State Human Rights Commission - " such a treatment to human being cant be accepted by any civilised society" and the SHRC Chairperson in its judgement has said - "State Govt. cannot escape from the responsibility of Having failed to protect human rights" of a citizen. And the immediate statement came from a Minister at the centre that no this cannot be. Question certainly arise whether person like General VP Malik (RTD) former Chief of Army Staff who supported the uncivilized act of Army of a civilised nation like India and not to say a little of our present General Bipin Rawat of whom we the Indian must be proud do have to hang our head in shame that if he can support and award such acts by his Army officer to his own citizen what he would be doing in the war with the captured soldiers and civilians of the enemy country? It is also matter of concern that all Politicians who condemned such heinous act allowing and awarding human shield did nothing.
    1. K
      Jul 11, 2017 at 6:19 pm
      SAP FICO ONLINE TRAINING Strange thing as a shield!
      1. K
        K Ganesan
        Jul 11, 2017 at 1:03 pm
        No need. If SHRC feels so its members should donate their ry or sitting fee to the alleged victim.
        1. M
          Jul 11, 2017 at 11:28 am
          This decision of SHRC can be appealed against in HC/SC. As the J K govt. has been asked to pay the compensation, any resident of that state can file a PIL as the money will be going out of the taxes paid by him.
          1. I
            Jul 11, 2017 at 9:30 am
            Let SHRC members collect the compensation money from the contribution appeal to Kashmiris or pay from their own remuneration or savings. SHRC must not give decision in this childlike manner. They can do many other good things.
            1. A
              Jul 11, 2017 at 3:36 am
              I hope the State Government dismisses this request outright. What about the human rights of all the election staff and others whom Nitin Gogoi protected by his out of the box thinking. India salutes him. And if the SHRC is serious about doing its role would it kind y look into violations of human rights by stone pelters and terrorist sympathisers against army and police personnel. Im certain someone can forward specific examples of injured personnel. Stop this one sided narrative Indian Express.
              1. B
                Jul 11, 2017 at 12:24 pm
                tomorrow, another major perhaps in your hometown picks an innocent citizen like you arbitrarily and ties you to their jeep...would you call it all right? remember that their is no guarantee that the stonepelting would stop. after all there is such a thing as human rights and the cons ution
                1. P
                  Jul 11, 2017 at 7:59 pm
                  Get your facts and understanding right. He was a stone pelter - no innocent victim - and had absolutely no business throwing stones at soldiers and other officials who for your information are also human beings and have families
                  1. B
                    Jul 11, 2017 at 8:56 pm
                    powerful -you must have been the eye witness! hang on - your gau matha was there and she told you, right?
                2. R
                  Jul 11, 2017 at 1:00 am
                  Curiously the SHRC is asking the J K to pay Rupees TEN LAKHS to the victim when the J K government had NOTHING to DO with the ACTUAL CRIME. It is either the Government of India or the Indian Army that is culpable for this atrocity and they are not being brought to justice. Another example of Justice Indian Style.
                  1. N
                    Nampurath Krishna
                    Jul 11, 2017 at 12:34 am
                    Let these so called human rights activists first compensate the innocent terror victims and stone pelting victims. No need to pay ten lakhs.
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