Probe Hyderpora Encounter Killings. The Homicide

Satish mahaldar

The Hyderpora incident seems to be a clear cut case of Homicide, the killing of one human being by another human being. Murder is the unjustified, killing of one human being by another human being with malice aforethought . The families of two of the four killed in the Monday gunfight have categorically disputed the police version.

Terrorism clearly has a very real and direct impact on human rights, with devastating consequences on the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism undermines civil society, jeopardizes peace and security, and threatens social and economic development of Kashmir. All these have had a real impact on the human rights of each and every Kashmiri irrespective of their religion.

The ultimate aim of criminal law is protection of the right to personal liberty against invasion by others – protection of the weak against the lawless perpetrators.

To protect the rights of the citizens, the State prescribes the rules of conduct and sanctions for their violation. There is a well-equipped machinery to enforce sanctions and procedures to protect that machinery.

In the case of the Hyderpora incident, it appears to be the case of utter selfishness, greed and intolerance that lead to the deprivation of life, liberty and property of other citizens requiring the State to step in for protection of the citizens’ rights.

“If men were angels no government would be necessary”. It is the primary function of the government to protect the basic rights to life and property. The State has to give protection to persons against lawlessness, disorderly behavior, violent acts and fraudulent deeds of others. Liberty cannot exist without protection of the basic rights of the citizens by the Government.

Respect for human rights and the rule of law must be the bedrock of the global fight against terrorism. This requires the development of national counter-terrorism strategies that seek to prevent acts of terrorism, prosecute those responsible for such criminal acts, and promote and protect human rights and the rule of law. It implies measures to address the conditions conducive to the spread of terrorism, including the lack of rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, and socio-economic marginalisation; to foster the active participation and leadership of civil society; to condemn human rights violations, prohibit them in national law, promptly investigate and prosecute them, and prevent them; and to give due attention to the rights of victims of human rights violations, for instance through restitution and compensation.

It is urged that the Director General (investigation) J&K Police should constitute an investigating team of five members, consisting of one senior Superintendent of Police, two deputy SPs and two inspectors to conduct a fact finding enquiry of the Hyderpora incident.

Satish mahaldar
Chairman
Reconciliation Return & rehabilitations of Migrants