Human Rights Of Defence Personnel In J&K: SC Issues Notice On A Plea By Daughters Of 2 Army Officers

A Supreme Court Bench comprising Chief Justice of India (CJI) Ranjan Gogoi and Justice Sanjiv Khanna on Monday issued notice to Centre, Jammu and Kashmir government and the National Human Rights Commission (NHRC) on the plea filed by the daughters of two Army officers.

19 year-old Preeti Kedar Gokhale, daughter of Lt. Col. Kedar Gokhale, and 20-year-old Kajal Mishra, daughter of NB. SUB. Anuj Kumar Mishra (RTD) in their plea seek SC direction for protection of human rights of security force personnel, who are being attacked by mobs while performing duties.

Senior Advocate Meenakshi Arora and Advocate Neela Gokhale appeared for the petitioners.

They have cited the stone pelting incidents on the security personnel in the valley and also incidents in the North East states.

" The petitioners are concerned and traumatised by the extremely hostile situation on ground, whereby the soldiers are subjected to brutalities and hence the inaction of the Respondents in protecting the armed forces in the ongoing situation is not only demoralizing the officers and troops deployed in counter terrorism and counter insurgency operations in J&K and NE states, but is also in utter disregard to their safety and security.

"Despite the aforesaid conditions, the Respondents have not even established a procedure or a system to safeguard the interests of these Army personnel and they continue to be humiliated in the areas where they are posted as the troops due to such inaction are compelled to restrain themselves from effectively defending and reacting to the hostile acts committed against them," as stated in the petition.

They have also challenged the January 4 order, passed by the NHRC in refusing to further inquire in to cases relating to violation of human rights of the armed forces personnel.

The petition seeks the following prayers:

1. Direct the Respondents to formulate a policy to safeguard the rights of Armed Forces personnel against human right violations by unruly mob or individuals obstructing/attacking them during the discharge of their military duty and thereby protect the fundamental right guaranteed under Article 21 of the Constitution of India.

2 Pass necessary directions/orders setting aside the order dated 04.01.2019, transferring the representation to the State Human Rights Commission

3. Direct the Respondent No. 4 (NHRC) to complete the investigation during the pendency of this Petition and place before this Hon'ble Court for appropriate orders.