Jammu, Apr 4: A day after the Lieutenant Governor Manoj Sinha ordered a thorough, time-bound magisterial probe into the Ganderbal encounter, the demands of a judicial probe and restoration of the right to a ‘decent burial’ echoed in the J&K Legislative Assembly on Saturday.
Though the Speaker Abdul Rahim Rather accommodated the concerns of agitating legislators, he maintained that the Lieutenant Governor Manoj Sinha had already ordered a time-bound magisterial probe.
“You have raised your points, but the Lieutenant Governor has already ordered a time-bound magisterial probe with the direction to complete it (probe) within 7 days. So, it (inquiry) has already been ordered,” the Speaker said, while asking the members to resume business.
Earlier the issue was raised by the members from National Conference (NC), Congress, independents and the Peoples Democratic Party (PDP) as soon as the House assembled for day’s proceedings with the Question Hour. The agitating members, except BJP MLAs, were up condemning the incident (Ganderbal encounter) involving the death of a youth.
“This was an unfortunate incident. The killing of innocent people should not be allowed. The government should come out with a statement,” they demanded, while referring to the statements of the slain youth’s family.
BJP MLAs led by R S Pathania, however, objected that the deliberation or statement on the issue was not in the ambit of the House as it pertained to the jurisdiction of the Lieutenant Governor and the Central government. His objection further enraged the agitating members, who insisted that the House could discuss the issue as it pertained to the killing of innocent people.
As all the members wanted to speak, it created noisy scenes in the House. The Speaker, while trying to restore the order, permitted a few members to speak one by one.
“We know that a probe has been ordered but the House should deliberate on the issue. This message should go to the Union Home Minister that innocent people should not be killed. A distinction should be made between the innocent persons and the militants,” NC MLA Mubarak Gul stated.
Another NC legislator Justice (retired) Hasnain Masoodi, while condemning the incident, demanded that the body of slain youth should be handed over to his family in consonance with the constitutional right to a decent burial.
“The probe has been ordered with the direction to complete it in 7 days. But his (slain youth’s) body has not been handed over to his parents for burial as per their faith. How long will this process go? The right to decent burial is a constitutional right. A direction from this House should go to accept this fundamental right (to a decent burial). Denial of this right is against the tenets of justice.” Justice Masoodi asserted.
Congress MLA Nizam-ud-din Bhat, while referring to the magisterial probe ordered by the Lieutenant Governor stated, “This order is insufficient as it has not defined contours of probe. District Magistrate has been asked to initiate inquiry yet administrative inquiries have lacunae. There are competing interests which can influence the administrative probe.”
“Only a judicial probe is a credible mechanism to ensure speedy justice with transparency,” he said, while supporting the point raised by Justice Masoodi vis-à-vis right to a decent burial.
NC MLA Mir Saifullah joined the cause, stating, “This incident, involving the killing of an innocent person, is very unfortunate. It would be further very unfortunate if we don’t discuss it in the House and the government does not come out with a statement.”
“The government can order a judicial or magisterial probe into it to identify the culpable and fix accountability. Otherwise, they are becoming unbridled…There is no control on the police…,” as Saifullah continued.
The Speaker intervened, stating that the magisterial probe was already ordered by the Lieutenant Governor.
BJP MLA R S Pathania, questioning the demand for a statement from the government, asked, “How can the government make a statement on it? I’m attending 13th or 14th assembly session. This has been for the first time that my 8 out of 10-starred questions have been rejected by this assembly secretariat on the very ground that they pertain to the jurisdiction of LG sahib or the Government of India. Then how does a discussion take place on the issues which don’t come under the scope of this House or its jurisdiction?”
“Do we need to learn it from BJP on this account?” the NC members countered. Disorder again became the order of the House.
Meanwhile, Irfan Hafiz Lone of the Congress, carrying placards and a poster to register his protest against the Ganderbal killing and the continued detention of AAP MLA Mehraj Malik too wanted to speak. However, the chair did not allow him.
“Where are you coming with posters? Why are you standing? Your points have already been raised,” Speaker asked him, while directing him and other members to take their seats and resume Question Hour.
Lone, earlier outside the House, also protested on the issues asserting that truth should come out through a speedy and just result-oriented probe providing justice to the family and the guilty should be punished. He also demanded the release of detained AAP MLA Mehraj Malik.
PDP MLAs too sought transparent and speedy probe. “We welcome the probe ordered by LG yet we demand and hope that justice should prevail,” they stated.
Deputy Chief Minister Surinder Choudhary, while responding to media queries outside the House, stated, “We should wait for completion of probe and should not jump to conclusion.”
