J&K Assembly Debates Ganderbal Encounter, Demands Body Return for Dignified Burial
In a significant development, Members of the Legislative Assembly (MLAs) from the governing National Conference and Congress raised the contentious Ganderbal encounter issue during the Jammu and Kashmir Assembly session on Saturday. The legislators strongly demanded that the body of the local man killed in the operation be promptly handed over to his family to ensure a dignified burial.
Background of the Incident and Inquiry Order
Lieutenant Governor Manoj Sinha had, on Friday, ordered a magisterial inquiry into the encounter following disputes from the family of the deceased, Rashid Ahmad Mughal. The family has challenged the Army's official statement, which claimed that an unidentified terrorist was neutralized during the operation in the Arahama area on the night of March 31. Rashid's brother, Ajaz Ahmad Mughal, has categorically termed it a fake encounter and filed a formal police complaint seeking a thorough investigation into the matter.
Constitutional and Legal Arguments Raised in Assembly
Raising the issue on the Assembly floor, National Conference member and retired high court judge Hasnain Masoodi emphasized that the right to a decent burial is a constitutionally recognized right. He stated, "Under Article 21, the family has the fundamental right to perform the last rites of their loved one. Even as the inquiry proceeds, it is imperative that the body be returned to the family without further delay."
Congress legislator from Bandipora, Nizamuddin Bhat, went a step further by calling for a judicial inquiry, arguing that an administrative probe alone would not suffice. He asserted, "The foremost right of the victim is a dignified burial, and this must be respected by the authorities. A transparent judicial inquiry is essential to uncover the truth."
Additional Demands and Assembly Reactions
Other National Conference legislators also voiced their concerns strongly:
- Mubarak Gul urged the Assembly to officially condemn the incident, stating, "This tragic event should never have occurred in the first place. Now that it has, it is the duty of this House to express deep concern and take appropriate action."
- Mir Saifullah, NC legislator from Kupwara, demanded an immediate government statement on the incident to provide clarity and accountability.
Context of Burial Policies Since 2019
Since 2019, authorities in Jammu and Kashmir have implemented a policy of burying terrorists killed in encounters in designated graveyards located in north Kashmir, including areas like Kupwara and Uri. This practice, instead of returning the bodies to families, is cited by officials as a measure to prevent large funeral gatherings that could potentially escalate tensions or lead to law and order issues. However, this policy has faced criticism from human rights groups and local communities who argue it violates religious and cultural norms.
The ongoing debate in the J&K Assembly highlights the delicate balance between security concerns and the fundamental rights of citizens, with legislators pushing for a resolution that honors both legal principles and humanitarian considerations.
