STAGED ENCOUNTERS IN J&K SYSTEMIC IMPUNITY FOR INDIAN OCCUPATION FORCES

STAGED ENCOUNTERS IN J&K SYSTEMIC IMPUNITY  FOR INDIAN OCCUPATION FORCES

The recent grant of bail on 13 Nov 23 by the Armed Forces Tribunal (AFT) to an army over convicted of killing three men in a staged encounter in Amshipora, Shopian, in July 2020, once again highlights the deep-seated issues surrounding procedural fairness in cases of human rights violations by Indian occupation forces in Kashmir. A distressing pattern of systemic impunity for armed personnel, shielded by non-sanction for prosecution in civil courts under the Armed Forces Special Powers Act (AFSPA) and procedural shortcomings in military courts, often resulting in acquittals. Even in the rare instances of convictions in military courts, decisions have been frequently overturned by the AFT or other tribunals.

By: Mehr un Nisa

One such disconcerting case involves Captain Bhoopendra Singh, who, after being convicted and sentenced to life imprisonment by a military court for the Amshipora killings, has now been granted bail by the AFT. Unfortunately, this is not an isolated incident; it echoes a troubling trend seen in other cases. In 2017, the Indian Occupation Forces Tribunal granted bail to five convicted army personnel in the Macchil fake encounter case, suspending their life sentences. This suspension allowed the accused, including Colonel Dinesh Pathania, Captain Upendra Singh, Havildar Devinder Lance Naiks Arun Kumar, and Lakhmi, to walk free. The Macchil case involved the staged encounter of three civilians on April 29, 2010, leading to convictions in 2014 and subsequent life sentences.


However, the AFT's intervention saw the accused back on the streets in 2017. The Macchil encounter was significant as it marked the first time in Jammu and Kashmir that the army confirmed life imprisonment for its personnel through a general court martial for their involvement in a fake encounter. Nonetheless, convictions for human rights abuses in army court martial proceedings have remained rare or cosmetic. A series of RTIs filed between 2011 and 2012 revealed minimal court-martial proceedings in Jammu and Kashmir from 1990 to 2009. Among the scant cases, only four officers faced court-martial, with just two dealing with potential human rights violations. Major Rehman Hussain faced dismissal for rape, while Major V.K. Rawat was acquitted in a killing case. Notably, Major Rehman's punishment was for "misconduct" and "transgression into civilian property," falling short of addressing them.


The notorious Pathribal fake encounter case further exemplifies the impunity enjoyed by occupation forces under AFSPA. In this case, five local civilians were killed by the Indian army and falsely presented as foreign terrorists. Despite a prolonged legal battle, the army court martial proceedings resulted in a clean chit for all accused personnel in 2012-2013. The lack of transparency in these proceedings leaves crucial questions unanswered about the identities of the perpetrators and the reasons behind the killings. Another troubling case is the Lolab fake encounter, where four poor laborers were killed and passed as foreign terrorists. An anonymous letter received over a year later, exposed the staged encounter. Despite protests, the Indian army's investigation into the case vanished without a trace and justice remained elusive.


The recent Amshipora case is a continuation of the unchecked nature of counter-insurgency measures, reinforcing the norm of extra-judicial killings In Jammu & Kashmir, judicial remedies have often failed to serve justice, contributing to a climate of impunity. The need for an impartial and transparent system that holds perpetrators accountable cannot be overstated. Until then, the cycle of injustice and the denial of rights will continue, perpetuating the suffering of the people in the region. It is high time for comprehensive reforms to ensure justice, transparency, and adherence to human rights standards in the conduct of Indian occupation forces.

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