High Court Stays Proceedings against Security Personnel in Kashmir

The High Court of Jammu and Kashmir stayed criminal proceedings against five army men accused of involvement in killing of a cleric in Banihal.

Non-bailable warrants had been issued by the Sessions Court, Srinagar against the accused soldiers for killing Showkat Ahmad Kataria in November 2006. Five policemen have already been arrested in connection with the killing of Kataria while the five Army personnel have not attended any hearing in the case.

Kashmir Times reports that the prosecution had pleaded that since the killing was not in the line of duty, the armed forces personnel were not entitled to immunity against prosecution available under the much maligned Armed Forces (Special Powers) Act.

The High Court accepted the contention of the Union Government that the Chattisinghpora Case that revolves an identical is already pending before the Supreme Court India. Therefore, the High Court should wait for a final verdict from the Apex Court before proceeding with the current case.

Demand for a National Policy on Displaced Persons in India

Human Rights Watch has urged the Indian Government to formulate a comprehensive policy on internally displaced persons, in consultation with displaced persons.

In a statement condemning the forced eviction of indigenous persons by Forest Department in Khammam and Warangal districts of Andhra Pradesh, the international rights body came down heavily on the state-sponsored counter-insurgency drive, Salwa Judum in Chhattisgarh. The release noted that escalation of tensions in the state has led to forced migration of between 30, 000 to 50, 000 villagers to Andhra Pradesh.

Human Rights Watch investigations in November and December 2007 found that most villagers had fled to Andhra Pradesh because of attacks by Salwa Judum and police. Once in neighboring Andhra Pradesh, many of these displaced persons settled in reserved forest areas. Saying these settlements are illegal, the authorities have without prior notice or due process repeatedly burned down the hamlets of hundreds of displaced persons, forcibly evicting them from forest lands.

For an overview of the state of internally displaced persons in India, please check Internal Displacement Monitoring Centre.