
The lack of co-operation from the army has put the J&K government in a spot. It is facing serious criticism for its inability to act against men in uniform facing serious abuse charges. And although the PM insists that his government has zero tolerance towards all rights violations, the Centre too has systematically turned the J&K government’s efforts ineffective.
Although there is a joint security grid of army, central para-military and J&K police — Unified Command Headquarters — headed by the J&K chief minister, the civilian government has literally no authority to act against any erring army official. It also needs permission to prosecute members of central para-military forces charged with rights violations.
In March, 2000, Kashmir was boiling with anger when the killing of five villagers in a fake encounter at Pathribal by the troops of 7 Rashtriya Rifles and local police surfaced. That time too, the army had dubbed the innocent villagers as Pakistani militants. The J&K government transferred the case to CBI which charged five army officials for abduction, murder, criminal conspiracy and destruction of evidence. But the case is still pending as the court passed an order giving the army the option “to try the accused in the court martial”. The army had initially questioned the CBI’s authority to investigate it, which the CBI strongly objected to and complained that the army was not co-operating.
General J.J. Singh had insisted that the new evaluation system will send a message that “we are professionals in all spheres”. But military professionalism not only demands internal mechanisms to discourage such illegal short cuts to glory and rewards but an unconditional co-operation to law enforcement agencies probing these extra-judicial acts as well.