Jammu and Kashmir State Human Rights Commission (SHRC) on Monday recommended Rs 10 lakh as compensation to Farooq Ahmad Dar who was "tortured and humiliated" and used as “human shield” by the troops of 53 Rashtriya Riffles (RR) led by Major Nitin Leetul Gogoi in Beerwah-Budgam on April 9.
“I have no doubt in mind that Farooq Ahmad was subjected to torture and humiliation besides he was wrongly confined, '' said chairperson of SHRC, Justice Bilal Nazki. ''It was also medically established that Farooq suffered not only humiliation publicly but also trauma which resulted in psychiatric stress that may remain with him for the rest of his life.''
Nazki said for the humiliation, physical and psychological torture, stress, wrongful restrain and confinement, the Commission thinks it appropriate to direct the state government to pay compensation of Rs 10 lakh to the victim.
Dar, a resident of Chill village in Budgam, is a Sozni, handmade embroidery artisan.
On April 9, Dar was on his way to Gampora when he was snatched by soldiers led by Major Gogoi near Utligam and tied with the bonnet of a jeep and paraded for 27 km.
The issue became a major controversy after the video showing Dar strapped to the bonnet of Jeep went viral.
Major Gogoi defended his action saying he took the step to save lives in the face of a serious situation where his men were faced with a lynch mob who had also held hostage polling staff in a school.
“The report of the police accepts that he was tied to a bonnet of vehicle and used as human shield,'' the SHRC judgement said. ''The police maintained it was done by the Army. There cannot be any debate as to whether the treatment given to Farooq was the violation of human rights or not. There are laws in the country and international laws which prohibit such a treatment even to a convict. Such a treatment to a human being cannot be accepted by a civilized society.”
Invoking Supreme Court judgments, the SHRC chairperson said as far as law on protection of human dignity is concerned, the law of the country as a general principle does not permit even chaining and handcuffing of any person including convicts. “How can one approve of making an innocent person a human shield and parading him by tying him to a jeep for hours?,'' Nazki asked
He directed the state government to pay the compensation of Rs 10 lakh to the victim within six weeks and file a compliance report before the commission. “Chief secretary of the state is directed to file a compliance report in the matter within the same period,” Nazki stressed.
Mohammad Ahsan Untoo, head of International Forum for Justice and Human Rights, who had filed the petition in the SHRC, however, was not satisfied with the verdict.
“I am not satisfied with the verdict. We wanted that Army Major should have been awarded punishment. I will be knocking at the High Court and filing petition seeking punishment for the accused army officer,” Untoo said.
