In a A startling revelation,the Jammu and Kashmir Coalition of Civil Society (JKCCS) Thursday said some pro-freedom activists had tried to persuade it to withdraw the Bhaderwah triple murder case against former police chief Kuldeep Khoda.
The JKCCS also termed the State Human Rights Commissions (SHRC) decision to dismiss its petition against Khoda in the case as denial of justice and alleged that the Chief Prosecuting Officer lied to the commission.
The manner in which the high court,the SHRC and the government have acted and have shut their eyes to incriminating facts against Kuldeep Khoda is indicative of the unwillingness to consider violations by the influential former DGP of the Jammu and Kashmir Police, said JKCCS Coordinator Khurram Parvez. Even pro-freedom activists,various government officials and other representatives of Khoda have used various opportunities to persuade us and families of the victims to withdraw the case. Parvez,however,did not reveal any name.
The SHRCs dismissal of the petition against Khoda ironically,on the basis of a document prepared by Khoda himself,Parvez said has only deepened the feeling of the victims families that justice is impossible under the existing judicial and governmental mechanisms.
On the order of the SHRC to provide the final Crime Branch report,a so -called final report of December 4,1999 was provided. Crucially,this report was written when the accused Kuldeep Khoda was Inspector General,Crime Branch. The SHRC chose to rely on a document whose contents were directly under the control of the accused, Parvez said. The Chief Prosecuting Officer lied before the SHRC that Khoda was not IG,Crime,then. But records clearly show Khoda was IG Crime from September 17,1999 to November 29,2000.
If this wasnt enough,Parvez said,the SHRC decided the matter with undue haste. On 13 August 2012,the advocate for the complainant had sought an opportunity to advance further arguments on August 22,2012, he said. While this request was granted,no hearing was held on August 22. Instead of providing notice for the subsequent hearing on September 12,the SHRC chose to dismiss the case.
In its petition to the SHRC,the JKCCS had contended that the parallel Crime Branch probe into the case that implicated Kuldeep Khoda was never considered by the trial court,the NHRC or the high court.
The SHRC was the first forum to have the opportunity to consider the Crime Branch investigations, Parvez said. The trial court was never apprised of the parallel Crime Branch investigation. The NHRC was never apprised of the findings of this investigation. The high court first ordered the Crime Branch investigation but then in its haste to dismiss the case did not consider that these documents were never
The SHRC,on the other hand,had the opportunity to critically study the Crime Branch probe report but
instead it chose to mechanically understand the import of these documents,Parvez added.