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Mishra, Justice S S Kang and Justice B B
Fatima, on a humid-hot June of 1994. My
precise focus was on denial, deprivation and
discrimination suffered by the exiled
community. I also prayed for preventive,
punitive, and restorative measures. Later on,
when All India Kashmiri Samaj & Panun
Kashmir Movements also moved their
respective petitions, my petition was also
clubbed with these two and we were regularly
heard together by the commission. In 1999, the
NHRC gave its verdict and appreciated me on
my arguments on genocide. The NHRC
transferred my family case to SHRC J&K in
year 2008 asking them for a speedy-disposal of
the petition, as the state Govt. had miserably
failed to redress the genuine and justified
grievances of this patriotic and front-line
terrorism victim family.
The SHRC after a prolonged hearing for
more than four years, in its double bench verdict,
the first of its kind in a KP case, asked the State
Govt. to redress the grievances - “Sooner the
Better” in its judgment dt: 22.2.2012. Although
the state Govt held many high-level meetings
chaired by the Principal Secretary to Hon'ble
Chief Minister, Financial-Commissioner
RR&R D.M, the Chief-Secretary and the last but
not the least by the advisor (V) to the Governor
on 4.10.2018 in Srinagar, but unfortunately,
neither any decision was taken in these meetings
nor have the recommendations of the SHRC
been translated into action so far. This continued
callous attitude of the Govt. is not only an utter
disregard to the state's own Institution, SHRC,
but also an insult to the family of a martyr who
have suffered so heavily at the hands of the
militants.
These decisions as well as the judgments of
the SHRC have been confined with the paper
work in Govt files of J&K, but we are hopeful to
get our due. Justice has been much delayed in
our case as the Govt. has always remained in a
denial mode. We are not asking to be rewarded
because we are loyal to the Nation and suffered
only on account of this, when the Govt. failed to
provide us the due safety and security. We
certainly don't deserve to be treated like this.
When all our requests and reminders fell on
deaf ears of the Govt, I filed an online petition in famous Urdu couplet :
the NHRC on 15.7.2020, requesting NHRC to
take a Suo-motu cognizance and appealed for its
intervention for restoration of justice to this
front-line terrorist victim family by
implementing the directions of the J & K SHRC
verdict dated 22.2.2012, and also the decisions
of the State Govt. Accordingly the NHRC taking
the IST action on this case on 30.8.2020 asked
the J & K UT Govt to send its action taken report
within 4 weeks.
The J&K Govt did not submit any report &
the NHRC ordered on 16.10.2020 to issue a final
reminder calling for submission of the desired
report within 4 weeks, failing which the
commission will be constrained to invoke its
coercive powers u/s 13 of the PHR act 1993,
calling for personal appearance of the authority
concerned before the Commission. The chief
secretary J & K was asked to submit the report to
the NHRC latest by 23/11/2020.
The U T Govt of J & K again, maintaining a
criminal silence did not pay any heed to these
directions, compelling the NHRC on
21.12.2020, to issue the directions to the chief
secretary UT J&K for a personal appearance.
The Commission observed with pain that J & K
Govt was overlooking & undermining the
NHRC. Now this pathetic & tragic case will
come up again before the full Commission of the
NHRC on 29.1.2021 for final disposal. Let us
hope for the best.
I am pretty hopeful that the present
dispensation of the UT of J & K, as well as the
union Govt lead by Modi ji will definitely find
some time to mitigate the sufferings of all such
families who have been living as refugees in
their own country for the past 31 years now.
Through this write-up I wish to awaken the
conscience of not only the whole Indian
nationhood, but also of the whole world, to rise
to the occasion on our 31st Holocaust Day of the
exiled Kashmir Pandits and take cognizance of
our plight and play their positive role to get this
law-abiding, patriotic and most educated
community re-settled and rehabilitated in their
homeland, which they have been urging and
demanding so far.
I would like to end my write-up with the
“Jahan Karwaan Bhool Jaate hain raasta,
Nikal Aati hain wahin se Manzil ki raahein”
NAAD îî JANUARY 2021 43