Opinion Chattergam test

The Chattergam shooting, in which two young men were killed by the Indian army, should not be allowed to settle into a familiar pattern of violence and outrage followed by an inquiry to tide over the immediate crisis rather than to bring the guilty to justice. As the Valley erupted in protests, the army claimed it had initiated a speedy investigation, and Union Defence Minister Arun Jaitley assured a “fair inquiry” as well as action against the guilty. These are well-worn responses, trotted out every time a new incident of army brutality occurs in Jammu and Kashmir. Yet Prime Minister Narendra Modi has signalled a keenness to craft a new moment in the Centre’s relationship with J&K, as indicated by his symbolic Diwali visit to the Valley. His promise will now be tested.

The record of the army and paramilitary forces on probing offences committed by their personnel does not inspire confidence. From Bijbehara (1993), where 43 people were gunned down by BSF personnel and no one was held guilty, to Pathribal (2000), where the army gave itself a clean chit 14 years after an alleged fake encounter that killed five civilians, military processes of justice have worked to protect, delay and acquit. In Machil (2010), the army invoked the Armed Forces (Special Powers) Act to pull the case out of civilian courts, even though the police investigation pointed to murder and abduction, and it had not taken place in the “line of duty”. Indeed, J&K Chief Minister Omar Abdullah blamed the Chattergam shooting on AFSPA, which gave soldiers “the flexibility to fire without asking questions”. Repeal of AFSPA had been one of Abdullah’s poll promises before the assembly elections of 2008. The army, which has stood firm against such attempts, must now answer a vital question. Are the powers and immunity granted by the law responsible for the excesses in Chattergam and elsewhere? If the army is to prove that it can conduct itself as a responsible force, it must work towards establishing visible mechanisms of accountability. The Centre also has the option of making an exception in this case, by allowing it to be tried in a civil court rather than through an inhouse army mechanism, and putting pressure on the army to fully cooperate with the police investigation.

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The unaccounted killings of J&K have created an enduring sense of wrong among its people. In a Valley still reeling from the worst floods in decades, the Chattergam killings have become a fresh source of anger and disillusionment with the state. Now, more than ever, and not just because an assembly election looms near, Modi must show that his Diwali touchdown was not an isolated gesture.