An Empty Verdict The Machil case will make little difference unless AFSPA is withdrawn. When the army announced the verdict of the general court martial into the Machil fake encounter case, reactions ranged from celebratory – “a watershed moment” said Jammu and Kashmir (J&K) Chief Minister Omar Abdullah – to sceptical. The timing of the announcement was decidedly suspicious. It took the army three and a half years to constitute a court of inquiry into the fake encounter of 30 April 2010 in Kashmir, when three civilians were killed in cold blood, buried, and passed off as militants. Yet, although the court martial initiated in December 2013 ended in September 2014, its ruling was not made public till 13 November. So what compelled the army to choose this particular time and this particular case to announce the life sentence handed down to five members of the armed forces, including two officers? In any case, the army court’s ruling has still to be approved by the Northern Command officer, a process that could take another couple of months. So why not wait until then? One rather obvious reason for the timing was the gunning down of two young boys, Faisal Yusuf Bhat and Mehrajuddin Dar, by the 53 Rashtriya Rifles on 3 November in Chattergam, Budgam district, 20 km from Srinagar. These boys, with two other friends, were returning to their homes in Nowgam when the soldiers opened fire on their Maruti car. When anger erupted over yet another senseless killing of civilians, the army admitted that it was a “mistake” and apologised. It is clear that this apology would not have sufficed in election season to quell the anger that is just below the surface in Kashmir and is the consequence of the frequent so-called “mistakes” by the armed forces in the Kashmir Valley. It now appears that timing of the announcement of the court martial ruling was a ploy to defuse the tension building up after the Budgam killings. It was also calculated to give some impetus to the election campaign of the Bharatiya Janata Party (BJP) in its determined effort to snatch an electoral victory in J&K. The muted response in the Kashmir Valley to the Machil ruling comes as no surprise. It is a reminder of the dozens of similar cases that remain unaddressed and unresolved while the armed forces continue to escape scrutiny for their actions under the umbrella of the Armed Forces (Special Powers) Act (AFSPA). The army finally moved in this case only because of widespread protests across the Valley, resulting in over a hundred civilian deaths, and the intervention of the Supreme Court. But for each Machil, there are others, each as dastardly that have not been resolved. Apart from the mass rape in Kunan Poshpora (1991), a story that is still unfolding, the names that stand out are Pathribal (2000) – case dismissed by the army court in January this year, Ganderbal (2006) – accused cleared by army Kupwara (2005/2006) – no action taken, Bomai (2009) and many more. These are a part of the legacy of impunity for crimes that the Indian Army has refused to acknowledge. They are a constant reminder of the sorrow, loss, outrage that thousands of ordinary Kashmiris have lived with for decades, fuelling their anger and disillusionment with the Indian state. The Machil ruling should also make us look at Manipur, the other state that continues to battle against the injustices perpetrated by the imposition of AFSPA. Recently, the commission of inquiry under retired district and sessions judge Upendra Singh submitted its report to the Supreme Court in the custodial death case of Thangjam Manorama Devi 10 years ago. This killing, allegedly by personnel of the 17th Assam Rifles, had led to widespread protests and demands for the withdrawal of AFSPA. Yet, despite the recommendations of the Justice Jeevan Reddy Committee and the former Union Home Minister, P Chidambaram, to withdraw or amend AFSPA, nothing was done by the United Progressive Alliance (UPA) government. Chidambaram stated recently that his recommendations that some of the provisions of AFSPA be amended, particularly Section 4 (a) that allows use of force “even to the causing of death” and provisions that allow search and arrest without warrant, were blocked by the defence ministry. The Machil court martial ruling will not make any difference on the ground in Kashmir. Far from acting as a deterrent to future acts of brutality, it will merely fuel confusion in the rank and file. The ordinary jawan in Kashmir could well ask why were these five men convicted and not the scores of others who committed similar crimes. As long as the AFSPA continues, the man on the ground, backed by officers wanting to “perform” and be rewarded in the counter-insurgency theatre of war, will take his chances as he continues to look upon ordinary Kashmiris with suspicion. The poison has gone in too deep in Kashmir. Its antidote, or at least one antidote, is a complete withdrawal of AFSPA followed by a thorough investigation of the dozens of other cases like Machil. Nothing less than that is going to make any difference.
Posted on: Sun, 14 Dec 2014 07:06:10 +0000
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