The case of Kunan Poshpora has hogged international limelight. Despite the attention and the global outrage over this mass rape case, justice still seems elusive for the victims, Irfan Mehraj reports.
Srinagar: On the twenty-eighth anniversary of the mass rape and torture in the twin villages of Kunan Poshpora in Kupwara district of Kashmir, the group of women activists who filed a fresh petition in the case in 2014 on Saturday said that “it seems unlikely that the Kunan Poshpora victims will get justice in their lifetime.”
Stressing on the wide attention that the mass rape and torture of villagers in Kunan Poshpora has received in Kashmir and in international media, with more than 300 human rights organizations and journalists reporting and writing about the mass rape, the activists said that “despite wide international outrage over the incident, justice for the victims seems to be a mirage.”
“The investigations have been stayed and even if the investigations are carried out, the sanction is an issue before the Indian Defence Ministry, which has not granted sanction to a single case of rights violation by armed forces personnel so far,” a statement by Support Group for Justice for Kunan Poshpora said.
“The long delay in the process of ensuring justice to the people of Kunan Poshpora has generated a sense of hopelessness and fatigue in the survivors,” Natasha Rather, one of the activists said.
Six survivors, who were witnesses to the mass rape and torture, have since died.
“28 years is a very long time and the death of 6 witnesses is a big loss. The Indian state has failed, as always, to punish its army men for the crimes they have committed in Kashmir,” she said.
‘Case stuck in Supreme Court’
Support Group for Justice for Kunan Poshpora said that the Union of India by filing a Special Leave Petition in Supreme Court of India in 2014 challenged the interim orders of the JK High Court to pay compensation to the victims and of the Kupwara District Court for reinvestigation in the case. “The judiciary stayed the reinvestigation and the payment of compensation,” the Support Group said.
“For two years the case was in the registry of the Supreme Court and since then it has not come up for hearing,” Natasha said.
Another activist Ifrah Butt called the repeated delays as 'a tactic adopted by the state’. Ifrah said that the state adopted similar tactics when the case was in Kupwara district court. “Now that the case is in Supreme Court, they have not served notice to any party which includes people like Habibullah and Verghese or those who were involved in the cover-up,” she said.
It is pertinent to mention that even the order of the State Human Rights Commission (SHRC) – which had recommended for reinvestigation of the case and payment of compensation to the victims – was stayed by the JK High Court. “There are five petitions regarding Kunan Poshpora case pending before the High Court and the Supreme Court of India since 2014, three of which have been filed by the Indian army, which has denied justice to the victims till date. Presently the matter is stuck between the two Courts,” the Support Group said.
Calling Indian judiciary as otherwise sensitive towards cases of sexual violence, the Support Group said, “In a case of rape of a Bangladeshi woman which was filed by Adv. Mrs. Chandrima Das, a compensation of 10 lakh Rupees was paid to the victim. The 2012 Nirbhaya rape case was put on trial in a fast tract court and the perpetrators were awarded death sentences within one year of the incident. But the mass rape case of 1991 seems not to be a priority for the judiciary because of the involvement of the Indian army.”
The Support Group blames impunity enjoyed by the armed forces under AFSPA to be a big handicap in dispensing justice to the victims. “This case stands to be a chilling example of the political and judicial impunity enjoyed by Indian Armed Forces in the State of Jammu and Kashmir, under the facade of Indian democracy,” they said.
Below is the timeline of the case:
Timeline of Kunan Poshpora Mass Rape and Torture Case
|
Date |
Event |
|
23/24 February 1991 |
Mass rape/torture by personnel of 4 Rajputana Rifles, 68 Mountain Brigade in villages of Kunan and Poshpora |
|
25/26 February 1991 |
Letter sent by villagers of Kunan and Poshpora to DC, Kupwara and police authorities regarding rape/torture |
|
1 March 1991 |
Protest by villagers |
|
5 March 1991 |
DC Kupwara visits villages of Kunan and Poshpora for enquiries |
|
7 March 1991 |
DC Kupwara informs Divisional Commissioner, Kashmir of enquiries conducted |
|
8 March 1991 |
FIR no. 10/1991 registered at Trehgam Police Station |
|
18 March 1991 |
Divisional Commissioner Wajahat Habibullah visits villages of Kunan and Poshpora |
|
July 1991 |
Press Council of India team headed by B.G. Verghese submits report that includes reference to events at villages of Kunan and Poshpora |
|
23 September 1991 |
Director, Prosecutions informs the Superintendent of Police, Kupwara that the case of Kunan and Poshpora is “un-fit for launching criminal prosecution” |
|
21 October 1991 |
Jammu and Kashmir Police closes Kunan and Poshpora case as untraced |
|
2004 |
Victims of Kunan and Poshpora events approach SHRC |
|
16 October 2011 |
SHRC issues final decision on case |
|
March 2013 |
Women of civil society begin consultations to file PIL |
|
March 2013 |
Jammu and Kashmir Police file closure report in case before the lower court Kupwara |
|
20 April 2013 |
Following inaction of State in the case, PIL filed before High Court, Srinagar for re-investigations and other benefits |
|
14 May 2013 |
High Court does not admit PIL |
|
14 May 2013 |
Meeting of High Level Committee, Government of Jammu and Kashmir to be held |
|
May 2013 |
Judicial Magistrate takes “statements” of certain victims |
|
10 June 2013 |
Petitioners 1 and 2 file protest petition on closure report before lower court Kupwara |
|
13 June 2013 |
CPO opposes protest petition |
|
18 June 2013 |
Sub-Judge, Judicial Magistrate, Kupwara orders further investigations by SP within three months |
|
22 June 2013
|
Victims address a Press Conference organized by JKCCS and Support Group at Srinagar and announcement of BG Verghese Boycott |
|
2 July 2013 |
Victims informed that SP Kupwara, Abdul Jabbar appointed investigating officer in case. Statements to be recorded before Kupwara court on 3 July 2013 |
|
3 July 2013 |
Victims, family and lawyers arrive in Kupwara. After five hours of being made to wait, SP Abdul Jabbar cancels the program. Protest letter lodged before SP Abdul Jabbar on behalf of victims |
|
30 July 2013 |
Three/four victims/witnesses summoned once again by police. Three of the persons summoned are no longer alive. The sole surviving witness summoned is not from the original list of witnesses in police investigations. |
|
14 August 2013 21 August 2013 24 August 2013 31 August 2013 |
Statements of rape survivors/ torture survivors taken by JKCCS and Support Group
Review of statements ( incomplete) |
|
13 September 2013 |
SP Kupwara, Abdul Jabbar seeks extension of six months for investigations |
|
14 September 2013 |
Sub-Judge, Judicial Magistrate, Kupwara grants three month extension, without hearing the petitioners |
|
18 October 2013 |
Writ petition filed in High Court, Srinagar |
|
18 November 2013 |
Revision petition filed by army
|
|
18 , 19 , 21 and 28 November 2013 |
Writ Petition converted to a PIL, transferred to a Division Bench (2 judges) but not heard. |
|
13 December 2013 |
SP sought time and granted three months by Munsif. No notice given to survivors. |
|
14 December 2013 |
Revision petition: Survivors file objections to revision petition
Contempt petition: Survivors filed a contempt of court petition against SP Kupwara for not concluding the investigation as ordered by the Sessions Court Kupwara into the mass rape and torture case of Kunan Poshpora villages. Filed before CJM Handwara who on the same date [though order received subsequently, referred it back to Judicial Magistrate, Kupwara] |
|
19 December 2013 |
Revision petition: Members of civil society, the Village Committee, Kunan Poshpora and the Support Group for Kunan Poshpora visited Kupwara Sessions Court to observe and record the legal proceedings. The army Counsel, Karnail Singh sought further time, despite having had five days to draft and submit objections. Advocate Parvez Imroz appearing on behalf of the survivors, objected strongly to the army’s continuous excuses and delaying tactics, in a case where five of the victims had already died and twenty two years had passed without investigations. |
|
26 December 2013 |
Revision petition: Arguments on locus standi of survivors
Contempt petition: Judge on leave |
|
30 December 2013 |
Revision petition: The Sessions Judge, Kupwara decided the Kunan Poshpora survivors application on their right to be heard and contest the Indian army revision petition to shut down investigations. |
|
18 January 2014 |
Revision petition: Government public prosecutor did not appear before the court. Since the public prosecutor was not present in the court, army counsel insisted that the matter should be adjourned. |
|
1 February 2014 |
Revision petition: The army counsel, Karnail Singh argued that the case is a conspiracy against the army, that there are no medical evidences, and “this is a pre-planned, politically motivated game against army”. The army counsel argued for over an hour. The Public Prosecutor was reluctant to argue and asked the counsel for the victims to argue. Next date fixed for arguments. |
|
8 February 2014 |
Revision petition: Judge not present |
|
9 February 2014 [Sunday] |
Revision petition: Due to conditions, parties could not appear |
|
23 February 2014 |
Kashmiri Womens Resistance Day |
|
1 March 2014 |
Revision petition: Judge not present |
|
8 March 2014 |
SP sought time and granted three months. No notice given to survivors. |
|
15 March 2014 |
Revision petition: Judge not present |
|
29 March 2014 |
Revision petition: Judge present but no hearing on revision petition as meeting scheduled in afternoon.
Contempt petition: Objections were filed by SP Abdul Jabbar |
|
5 April 2014 |
Revision petition: PP conflict of interest issue raised. Order against PP.
Contempt petition: No hearing as Judge had urgent issue to attend |
|
19 April 2014 |
Revision petition: Special PP not appointed. PP claims another person appointed. He appears and says he has not received any formal communication. 4 days given.
Contempt petition: Survivors seek time for documents |
|
26 April 2014 |
Revision petition: Judge not present
Contempt petition: Documents received, next date set for arguments |
|
10 May 2014 |
Revision petition: Judge not present
Contempt petition: Arguments. Next date set for further arguments. |
|
20 May 2014 |
High Court issues notices in writ petition |
|
24 May 2014 |
Revision Petition: SPP seeks time
Contempt petition: Written submissions, as ordered, by petitioners, submitted. |
|
2 June 2014 |
Revision Petition: Judge on leave, due to personal bereavement
Contempt petition: Orders yet to be delivered |
|
5 June 2014 |
SP Abdul Jabbar seeks six month extension |
|
14 June 2014 |
Revision petition: Judge on leave
Contempt petition: Contempt petition dismissed by order
Further extension granted for 3 months |
|
1 July 2014 |
High Court: State to consider compensation |
|
12 July 2014 |
Revision petition: Final arguments heard |
|
24 July 2014 |
High Court: Review accepted and further time given to State |
|
31 July 2014 |
Revision petition: Further time given for submission of judgments [which were then submitted] |
|
8 August 2014 |
Revision petition dismissed |
|
12 August 2014 |
High Court |
|
2015 |
Union of India files a Special Leave Petition in Supreme Court of India |
