Please endorse by 3 p.m. today. Send your name, location and designation to my FB inbox. We, the undersigned, express disappointment at the way the probe was conducted by the Health Department in the nurse vs. Director case. The probe is nothing but an attempt to cover up and discredit the case of molestation filed by a staff nurse against various health department officials. It is shocking that the Health Minister, Mr. Taj Mohiuddin, who is not even party to the case, has threatened the complainant with a defamation case, even as the matter is sub-judice. He should apologize and remove Director Health from his post and order a fresh probe. We reject the probe on the following bases: 1. The probe was initiated only after a strongly worded order of the CJM slammed the police and the Health Department for various lapses and for collectively conspiring to deny justice to the complainant. By the time the probe started, the matter was already sub judice. Therefore, it is meaningless. 2. The enquiry committee was in complete violation of Vishakha guidelines. There was no woman on the committee and there was no external member from any NGO. The complainant was not allowed to take an observer along with her. 3. The statements of the complainant were not recorded properly. In fact, her statements against the other three accused (apart from Dir Health), were not even recorded. 4. The Vishakha guidelines require the Director Health to step down if the department has to conduct an inquiry. A probe by a department headed by the accused and that exonerates him is unacceptable. If the Director is innocent, why doesnt he submit himself to a process of fair investigation? 5. During the so-called enquiry the complainant was asked to produce evidence of being molested. According to the Criminal Law Amendment of 2013, the burden of proof is upon the accused, not upon the complainant. 6. It is really curious that the Health Minister has threatened stern action against the complainant when he is not even party to the case! What special interest does he have in the case? Isnt he supposed to be impartial? Since the matter is sub-judice this statement constitutes intimidation to the complainant. Even while the departmental enquiry was on, the complainant was getting calls from the police that they are under pressure to file a case of misbehavior against her! All this clearly indicates how the probe is being manipulated by the entire power lobby- from police to the ministry. 7. The complainant held a protest in Srinagar on the very day she had deposed before Commissioner Secretary Health. She also gave a press statement saying that she is not satisfied with the probe. She added that the other people present in the enquiry add witnesses are people who are close to the Director. We express doubt over the authenticity of this probe. We demand the accused should be removed temporarily from the post of Director till acquitted by the judiciary. This should be done without any further delay and a fresh probe should be ordered in accordance with Vishakha guidelines. Signed: 1. Shehla Rashid, Student, JNU.
Posted on: Wed, 25 Jun 2014 06:04:29 +0000
Trending Topics
© 2015