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.
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.