27 years after BSF killed 9 civilians in Mashali Mohalla, Govt yet to sanction prosecution

TNN Bureau. Updated: 12/7/2017 12:58:04 PM Regional News

Srinagar Dec7: Twenty seven years after Border Security Force killed 9 civilians at Mashali Mohalla here, the government is yet to accord sanction for launching prosecution against the accused paramilitary soldiers.
Chairperson State Human Rights Commission Justice Bilal Nazki while hearing the case on Wednesday asked the government to reply in straight words “whether they (government) have accorded sanction for prosecution in the case or not.”

A report submitted by J&K Police to SHRC last month, while presenting the status report about the case, says, “Report received from IGP Kashmir reveals that the CD file of case FIR No. 57/1990/ P/S Nowhatta stands submitted for accord of sanction to commissioner secretary home department through police headquarters.”
The report further states, “A police representative was deputed to home department where from it came to know that the said CD file has been submitted to joint secretary government of India, home department, New Delhi.”
“The instant case has been concluded as challaned against four personnel of 75 Bn BSF.”

On August 6, 1990, Border Security Force 75th Battalion shot dead nine innocent civilians in Mashali Mohalla.
Besides DIG Sharma, the other BSF personnel accused are former Deputy Commandant R P Bhukal, Head Constable Gajjan Singh and Constable Uttam Singh.
The court of inquiry charged Sharma with “omission of effective command and control over his troops which led to uncontrolled firing and death of civilians”. The other charges are culpable homicide (not amounting to murder) and causing grievous injuries. Sharma has also been charged with committing an outrage on the modesty of woman. The other three BSF personnel also face similar charges.
In August 2013, police filed a report stating, “The enquires got conducted into the matter reveal that on 6th August, 1990 police station Nowhatta received an information through reliable sources to the effect that some BSF personnel entered the houses of locals of Mashali Mohalla, Hawal Srinagar along with arms and ammunition and started indiscriminate firing upon civilians due to which nine civilian died on spot.”
“Soon after the incident, BSF personnel set on fire one residential house of Showkat Ahmad Baba and fled from the spot.”
“Moreover, it has been reported that the deceased persons were not involved in any subversive activity,” the police report says.

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