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Sohail Mahmood

Smita Sharma

Tribune News Service

New Delhi, March 22

Pakistan High Commissioner Sohail Mehmood on Friday hosted the 70th National Day celebrations at the mission in Delhi even as bilateral ties continue to be tense. The event was attended by Gajendra Singh Shekhawat, Minister of State for Agriculture in the Modi cabinet, instead of any junior foreign minister as is mostly the practice, though not a norm.“Pakistan desires peaceful and good neighbourly relations with India on the basis of sovereign equality and mutual respect,” Mehmood said.The celebrations happen at a time when the two neighbours have been levelling allegations of harassment of each other’s diplomats by security agencies in respective countries in violation of the Vienna convention.“Pakistan and India have completed 70 years as free nations. At the time of Independence, our founding fathers had envisioned an amicable relationship between the two countries. The relations however, evolved on a different trajectory,” said Mehmood.Mehmood returned to the capital Thursday late evening after weeklong consultations with the foreign ministry in Islamabad on the issue of harassment of diplomat. Sources in Pakistan foreign ministry in apparent posturing had told local media that the envoy’s return would be subject to resolution of the issue. India has also so far sent 15 note verbales and summoned Pakistani diplomats to lodge protest against reported intimidation of Indian High Commissioner Ajay Bisaria and mission staff in Islamabad.

Security personnel stand guard in Srinagar. Amin War

Suhail A Shah

Anantnag, March 12

Three militants, two of them former engineering students and another suspected to be a resident of Hyderabad, were killed in an encounter with security forces in the wee hours of Monday in the Hakoora area of Anantnag district, some 70 km south of Srinagar city.The militants are suspected to be linked to a local unit of the Islamic State even as the police said they were investigating the previous claims made by the global militant group based in Iraq and Syria.Two of the slain militants have been identified as Syed Owais of Kokernag in Anantnag district and Eisa Fazili, a resident of Soura in Srinagar. “The identity of the third militant is being ascertained,” said Inspector General of Police SP Pani.While the police maintained that the identity of the third militant was being ascertained, unverified claims on the social media identified him as a resident of Hyderabad. It identified him as Abu Zarr al-Hindi, alias Sultan al-Hyderabad.According to the police, the militants were traced to Badasgam village of the Hakoora area in Anantnag district about midnight on Sunday.Hakoora is located some 10 km from Anantnag town. “There were specific inputs regarding the movement of these militants,” a senior police official from Anantnag said.The official said the militants who were hiding in a house sensed trouble as a cordon was being laid and tried to escape by firing.“The fire was retaliated triggering an encounter, resulting in the killing of the three militants in an open paddy field,” the official said.Local sources said there was intense firing sometime after midnight and then again at 2 am after a lull. “No one ventured outside as the firing continued. In the morning, we got to know that the militants had been killed in a nearby paddy field,” a source said.Bodies of the two local militants were handed over to their families after medico-legal formalities.A complete shutdown was observed in Srinagar and Anantnag districts as the news of the killings spread and the mobile Internet speed was curtailed and train services were suspended by the authorities.Thousands, meanwhile, reached Soura in Srinagar and Vailoo village in the Kokernag area to participate in the funerals of Fazili and Owais. Intense clashes erupted in Vailoo when security forces used tearsmoke shells to disperse the mourners. The clashes continued for the better part of the day.Both local militants Owais and Fazili had pursued B-Technology from Baba Ghulam Shah Badshah University in Rajouri district, but had left the course midway.

Shutdown observed

A complete shutdown was observed in Srinagar and Anantnag districts on Monday as the news of the killings spread and the mobile Internet speed was curtailed and train services were suspended by the authorities

Army jawans during the cremation of sepoy Amarshir Singh in Fazilka on Thursday. Tribune Photo

Our Correspondent

Fazilka, March 8

Sepoy Amarshir Singh (30), who died during a terrorist attack in Assam on March 5, was cremated with state and military honours at his native Jorki Andhewali village here today.A pall of gloom descended on the village when the martyr’s body reached here. His nephews lit the pyre as his two daughters – Gurnoor Kaur (4) and three-month-old Gurbir Kaur – were not in a position to do so. His body was draped in the national flag.A contingent of Army jawans gave a gun salute to him in the presence of senior Army officials, Fazilka SDM Balbir Raj Singh and former Congress MLA Dr Mohinder Kumar Rinwa. SAD (rural) district president Gurpal Singh Grewal and All India Youth Congress Committee secretary Goldy Kamboj were also present.Amarshir had joined the Army on March 7, 2008.Wife Veerpal Kaur said she was proud of her husband and would tell the stories of his bravery to their daughters.Amarshir’s father Sukhmander Singh, a shepherd, demanded a government job for the martyr’s wife as he was the only breadwinner of the family.

On January 27, an Army column of 10 Garhwal, led by Major Aditya Kumar fired on a stone-pelting mob in Gawanpora village of Shopian district. Three local men, Javed Ahmed Bhat, Suhail Javed Lone and Rayees Ahmed Ganai died in the Army firing.

An FIR was filed to investigate the incident, specifically naming Major Aditya Kumar and 10 Garhwal. A counter FIR was also filed by the Army. As is the norm in insurgency prone J&K, there are two conflicting versions of the incident. The Army insisted that the column had followed “standard operating procedure” and that they were constrained to open fire in self-defense to prevent lynching of a JCO and burning of a vehicle by the mob. An attempt to snatch weapons was also highlighted.

The government of J&K and the people of Gawanpora gave a conflicting version. On January 29, chief minister Mehbooba Mufti informed the assembly that the police had advised the Army to avoid the Gawanpora route in view of the tension following the killing of two Hizbul Mujahideen militants and injuring of three civilians in a firefight on January 24 in Chaigund. One of the two militants killed that day was a resident of Gawanpora. As a result, passions were already running high in the area at the loss of local militants as well as civilian casualties.

The Army ignored the police advisory. The first Army convoy that passed through the village in the morning had a fracas with locals over posters paying tribute to the local militant. Around 3.30pm, a convoy of 10 Garhwal Regiment led by Major Aditya Kumar decided to travel through Gawanpora. The Army column, when faced with a protesting mob, resorted to unprovoked firing, resulting in the death of three civilians.

Given the current “us versus them” environment, emotions ran high, without any rational analysis either of the incident or of the legal position. A section of the politicians and local people highlighted the brutality of the security forces and accused them of murder, berating the AFSPA. The “nationalists”, TV media, right wing politicians and the military veterans were outraged at an FIR being filed naming Major Aditya Kumar and 10 Garhwal for an action in “self-defense”. More so, when FIRs earlier filed against a large number stone-pelters had recently been withdrawn by the state. The mood was that actions of the Army cannot be questioned and the stone-pelters got what they deserved.

On February 12, a petition filed by the father of Major Aditya Kumar seeking to “protect the morale of the soldiers” was heard by a three-judge bench of the Supreme Court headed by the Chief Justice of India. The Court ruled in an ex-parte order that no “coercive action” be initiated against Major Aditya Kumar of 10 Garhwal Rifles by the Jammu and Kashmir Police.

Human rights violations threaten the moral authority of the state and the reputation of its armed forces and further the cause of insurgents. They enable insurgents to create circumstances for more human rights violations by instigating violent protests which lead to security forces reacting in self-defense or panic, setting off a chain reaction. A democratic state or its armed forces must never perpetrate or cover up human rights violations as this leads to a moral victory for insurgents. Justifying violations of human rights by security forces and comparing them to the violent actions of terrorists or stone-pelting mobs is reducing them to the same level.

Human rights violations do take place in an insurgency where force has to be used against terrorists who intermingle with people and enjoy their tacit or coerced support. First, violations may be the result of legitimate and good faith actions. Such cases should and do have the protection of AFSPA. Second, violations stem from overzealous actions of the security forces. These also get the protection of AFSPA from prosecution in civil courts. However, violations of laid down rules of engagement are dealt with under military law. Third, violations are caused by rogue actions. Such cases do not have or deserve the protection of AFSPA. Even in these cases, the courts permit the Army to carry out trial by court-martial.

The Supreme Court has examined the AFSPA in detail in a number of benchmark cases. While it has upheld the legality of the act, it has categorically ruled that the immunity provided to soldiers is only for “good faith” actions and is not absolute. Actions of the troops can be investigated, keeping in view the law of the land, COAS commandments and “dos and don’ts” laid down by the Army. The benchmark judgement given on July 8, 2016 by a three-judge bench examined all aspects in detail and ruled that every allegation of the “use of excessive force” must be investigated. It made the registration of an FIR mandatory in such cases.

Thus the registration of an FIR is within reason and is mandatory; it is just a narration of circumstances and in this particular incident, names Major Aditya only as the column commander of the troops that opened fire. Hundreds of FIRs have been lodged to investigate use of force in J&K against unknown military personnel or investigate actions of individuals and units by name. In fact, experienced commanders in J&K always insist that an FIR be filed in all cases of deaths caused by use of force by security forces irrespective of whether the local police had filed one or not. This is to ensure proper investigation and legitimate closure of the case.

In all legitimate cases of use of force, police closes the case and it remains on record to avoid future opening of cases, as has happened many times earlier. In controversial cases, the police carries out its investigations and a parallel Court of Inquiry is conducted by the Army. When the chargesheet is filed in court, if both the inquiries are in consonance, that a wrong has been done, the Army takes over the case under Army Act Section 125 and conducts a trial by court-martial. In cases where only the police investigations find that an offence has been committed, the Army informs the court about its own inquiry and invokes AFSPA. In most cases the matter ends there.

In rare cases, the court decides to proceed with the case under the Army Act, Section 126. However, under the AFSPA, central government permission is required to proceed with such cases. This has never been granted up till now. Some cases do linger and go up to the High Court and even Supreme Court. There is not a single case where the Army’s stand has not been upheld. Appearance of individual soldiers in courts is exceptional. The Army has a well laid out procedure to carry such cases to their logical conclusion.

The emotive protests against the lodging of an FIR in the instant case are due to ignorance of the law and Army’s own time tested policy, and only contribute towards further alienation of the people.

An Indian Army vehicle moves outside their camp after militants attacked the camp on Saturday, in Jammu. Reuters

Jammu, February 11

A National Investigation Agency (NIA) team on Sunday visited the Sunjuwan Army camp attacked by a group of Jaish-e-Mohammad (JeM) terrorists and examined the evidence collected by the Army from the site of the gun battle, an official said.Six people, including five Army personnel, were killed while ten others were injured in the attack by JeM terrorists.Three terrorists were also killed in retaliatory action as the operation which began yesterday continued for a second day inside the sprawling military station along the Jammu- Pathankot bypass here.Though a case has not been registered yet, the NIA team inspected the encounter site inside the camp and examined the evidence collected by the Army, the official said, on condition of anonymity.The NIA is mandated to probe all terror-related cases in the country as per an act of Parliament.NIA is already investigating the November 2016 Nagrota attack case in which seven Army personnel, including two officers, and three terrorists were killed.It has already submitted a charge-sheet in the Pathankot air base attack case in which it had named JeM founder Masood Azhar as an accused.The attack on the Pathankot air base took place on the intervening night of January 1-2, 2016. It claimed the lives of seven security personnel. Four terrorists were also gunned down by the security forces while repulsing the attack.Since this (Sunjuwan) attack was also the handiwork of JeM terrorists, the NIA is looking for its link with previous cases which will help them in building a stronger case against Azhar and India can make a firm case at the United Nations, the official said. — PTI

Union Home Minister Rajnath Singh

Tribune News Service

New Delhi, February 10

With the Ministry of Home Affairs claiming that it has been closely monitoring the situation emerging out of the terror attack at Sunjuwan Army camp in Jammu, Union Home Minister Rajnath Singh today said the forces were effectively doing their job and would never let any Indian hang his head in shame.Talking to mediapersons on the sidelines of an event in Ahmedabad, Rajnath  said, “We have received information that the operation is going on. I understand that until the operation ends, it will not be appropriate on my part to comment.” Two Junior Commissioned Officers (JCOs) were killed while a Colonel-rank officer and daughter of an Army man were among the four people injured in a militant attack on the Sunjuwan Army camp in Jammu early today.When asked specifically about the casualties, the minister said it was “sad”.Earlier in the day, the Home Minister spoke to DG SP Vaid of the J&K Police and took stock of the situation. 

Army personnel take their positions in Sunjuwan area on the second day of terrorist attack in Jammu on Sunday. Tribune photo: Inderjeet Singh

A military tank takes its position outside family quarters in Sunjuwan, Jammu, on the second day of a terrorist strike at an army camp on Sunday. Tribune photo: Inderjeet Sing

Tribune News Service
Sunjuwan (Jammu), February 11

A shootout with some armed gunmen that began when they stormed an army camp in Jammu’s Sunjuwan in a pre-dawn strike on Saturday has left six people—five soldiers and one civilian— as well as three militants dead, a defence spokesperson said.

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Defence spokesperson Lt Col Devender Anand confirmed three heavily armed militants—suspected to belong to Jaish-e-Mohammad— had been killed.

All three gunmen were dressed in military fatigues.

There are unconfirmed reports of two more militants being gunned down.

Among the 10 wounded are six women and a 14-year-old boy. The latter was hit in the head with a bullet and is believed to be critical.

Also among the injured is a pregnant woman who later delivered a baby. Both are believed stable.

Search operation at the camp is still ongoing. The defence spokesperson said that security forces found heavy arms and ammunition.

A group of heavily armed gunmen attacked the sprawling camp of the 36 brigade of Jammu and Kashmir Light Infantry early on Saturday.

Two Army personnel, including a Junior Commissioned Officer (JCO), were killed on Saturday.
Lt Col Devender Anand said a number of families were still there and the Army’s aim was to ensure their safety.

“There was no firing since last night,” the officer said.

Those who were killed have been identified as Subedar Madan Lal Choudhary; Subedar Mohd Ashraf Mir; Ha. Habib-Ullah Qurashi; Naik Manzoor Ahmed; Lance Naik Mohd lqbal . A civilian, Lance Naik Iqbal’s father, also died in the operation.

Lt. Col. Rohit Solanki of 6th Mahar; Lance Naik Bahadur Singh of 1st Jammu and Kashmir Light Infantry; Hay Abdul Hamid Rashid of 1st Jammu and Kashmir Light Infantry; and Subedar Rajinder Singh of 6th Mahar were injured.

Six civilians were also wounded, among them a pregnant woman.

Read: Residents woken up by gunshots, grenade blastsThe latest attack on the camp took place nearly 15 months after the Jammu region was hit by a similar attack. On November 29, 2016, terrorists had stormed the Army’s Nagrota camp on the outskirts of Jammu city, killing seven Army personnel, including two officers. Three terrorists were also gunned down.

The terrorists had struck before dawn on Saturday and managed to sneak into the camp from the rear side of the base after a brief exchange of fire with the sentry on its periphery.

“The terrorists entered the family accommodation complex after which quick response teams cordoned off the area and isolated the terrorists, who are holed up in a few houses (inside the camp),” officials said.

While there was no action around the main entrance and vehicles were moving along the Jammu-Lakhanpur bypass in front of the camp, Army personnel in bullet-proof vehicles engaged in the operation to rescue people from the family quarters in the rear side of the base.

Contingents of CRPF and police were posted outside the boundary wall and were keeping curious onlookers at bay to avoid civilian casualties.

A high alert has been sounded in Jammu and security beefed up in and around the city.

Intelligence inputs had warned of an attack on an Army or security establishment by Jaish-e-Mohammed in view of the death anniversary of Afzal Guru who was hanged on February 9, 2013.

Meanwhile, Leader of Opposition in Rajya Sabha Ghulam Nabi Azad and some other senior Congress leaders visited Military Hospital to enquire after those wounded in the attack. With PTI

Majid Jahangir &

Samaan Lateef

Tribune News Service

Srinagar, February 6

In an audacious attack inside Srinagar’s main health care facility, a Lashkar-e-Toiba (LeT) commander, a Pakistani who is believed to have met Mumbai attacker Ajmal Kasab at a training camp, today fled from custody, handcuffed. The attack took place at 11.38 am. Escorted by three policemen, six prisoners, including Naveed Jatt, alias Abu Hanzalla, lodged at the Srinagar Central Jail, were brought in a vehicle to Shri Maharaja Hari Singh Hospital (SMHS) for a checkup. As Naveed got down, Head Constable Mushtaq Ahmad (48) and Babar Ahmad Khan (34) were shot dead.(Follow The Tribune on Facebook; and Twitter @thetribunechd)Piecing together eyewitness accounts and CCTV footage, the police said two militants were lying in wait at the parking lot of the hospital OPD. As soon as the police vehicle drove in, a pheran-clad youth handed a pistol to Naveed, who pumped bullets into Head Constable Mushtaq Ahmad’s chest. Babar Ahmad tried to retaliate but in vain. While Mushtaq died almost immediately, the latter succumbed to his injuries hours later.The militants are believed to have escaped on a motor bike. “It seems information on Naveed’s movement was leaked out from the central jail,” state police chief Shesh Paul Vaid said. DGP, Prisons, SK Mishra has ordered an internal inquiry.Naveed, the deputy of Lashkar’s Abu Qasim, the mastermind of several deadly attacks, was arrested in Kulgam district in June 2014. A school dropout from Borevella district of Multan, he is believed to have been involved in the attack on the Army in Hyderpora, on Silver Star Hotel along the national highway outside Srinagar and three attacks on the police and CRPF camps in south Kashmir.The police wanted to shift him, along with five other prisoners, to other high-security jails outside the Valley but was disallowed by a sessions court on December 26, 2017.  (With PTI inputs)