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Mukhtar Ahmad in Srinagar
The one-man commission probing the firing by troops at Haigam in Baramulla district on February 15 last year, in which six persons were killed, and at Maisuma in the capital Srinagar the next day, in which one person was killed, has justified the action. More than two dozen persons were injured in the two incidents.
The killing of an activist of the Jammu & Kashmir Liberation Front had triggered protests at Haigam with hundreds of villagers blocking the Srinagar-Uri highway.
"The firing by the army was justified," said Justice O P Sharma of the Jammu & Kashmir high court in his report, which was tabled in the state assembly by the law minister.
"The lack of adequate civil power to clear the road blockade on the highway by the villagers and [the need] to restore the only lifeline between Srinagar and Uri led to the incident," the judge said.
Justice Sharma said the Haigam firing was provoked by the violation of prohibitory orders by a violent crowd.
The crowd's refusal to allow an army convoy to pass became the immediate cause for the firing as the stationary convoy would have become a soft target for militants.
"The crowd spurned the request of the convoy commander to lift the blockade," the report said. "The demonstrators resisted the use of physical force and a cane charge had no effect on them." Hence, firing became necessary, he said.
The report said sudden firing by someone in the crowd caused a commotion and members of the quick reaction team, apprehending danger, opened fire.
The commission justified the action of Lance Naik Rajiv Kumar, empowered under section 4(a) of the Jammu & Kashmir Armed Forces (Special Powers) Act, 1990, to use force. "He cannot be charged or tried for any offence punishable under the Ranbir Penal Code," the commission said. (The Ranbir Penal Code is Jammu & Kashmir's version of the Indian Penal Code.)
The commission, however, said the soldier was liable for disciplinary action for his failure to follow "instructions having statutory force".
Probing the causes of the Maisuma incident, the commission said "it was a direct fallout of the Haigam incident".
EARLIER REPORTS: Single judge to probe Haigam incident Army admits troops opened fire in Haigam, Maisuma Curfew extended in Srinagar as protests continue Haigam toll goes up to six Curfew in parts of Srinagar over Haigam killings
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