SRINAGAR: On the final day of the Budget Session in Jammu & Kashmir, the Legislative Assembly in Jammu was rocked by unprecedented scenes of protest on Saturday. Lawmakers from the ruling National Conference (NC), its alliance partner the Indian National Congress (INC), and the opposition People’s Democratic Party (PDP) set aside their political differences to demand a judicial inquiry into the killing of a local youth in the Arhama forests of Ganderbal district.
As the House assembled for the day, members from these parties stood up in unison, rejecting the standard magisterial probe already ordered by Lieutenant Governor Manoj Sinha. The protests, barring the BJP which remained silent, forced the Speaker to address the highly contentious issue of an alleged fake encounter.
‘Innocent Was Killed’: The Allegations Against the Army
The incident in question occurred during the night of March 31 and April 1, when security forces—including the Army’s 02 Assam Rifles and 24 Rashtriya Rifles—carried out a cordon and search operation in the Arhama area based on specific military intelligence. The army claimed that a terrorist was neutralized during the exchange of fire, with authorities reportedly recovering an AK-56 rifle.
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However, the victim was later identified as Rashid Ahmad Mughal, a 29-year-old resident of Chuntwaliwar Lar in Ganderbal. His family, along with local residents, has vehemently rejected the army’s version. Relatives and friends have asserted that Mughal had no links to militancy, describing him as a young man who helped villagers with documentation and form-filling services to earn a livelihood.
Raising the issue in the Assembly, NC MLA Mubarak Gul called for a strong message to be sent from the House against the killing of an “innocent” and stressed the need for accountability. “There must be a clear difference between militants and civilians,” he asserted.
Constitutional Right Denied: The Battle for a Dignified Burial
A significant point of contention that fueled the political outrage was the fate of Mughal’s body. Contrary to standard protocols that typically allow for a medico-legal autopsy followed by the release of the body to the family, Mughal was buried by the police in the Zachaldara area of north Kashmir’s Kupwara district.
The family claims they were not allowed to conduct the last rites, alleging that the policeGh initially told them the youth had met with an “accident” before later declaring him a militant. Speaking in the Assembly, former judge and NC MLA Hasnain Masoodi emphasized that the right to a decent burial is not a privilege but a fundamental constitutional right. “Any restriction on this right undermines the principles of justice and democratic values,” Masoodi argued, backing the family’s demand to retrieve the body.
‘Magisterial Is Not Enough’: Why Lawmakers Reject Administrative Inquiry
While Lieutenant Governor Manoj Sinha acted swiftly, ordering a magisterial inquiry on Friday and seeking a report within seven days, the legislators in the House deemed this insufficient.
Congress MLA Nizamuddin Bhat led the charge for a judicial probe, arguing that an administrative inquiry cannot deliver justice in a matter so grave. “Inquiries at the administrative level tend to balance competing interests, which can affect accountability,” Bhat told the House. He added that a magistrate or Deputy Commissioner has to “oblige many people” and therefore cannot do justice to an investigation of this magnitude.
NC MLA Mir Saifullah termed the incident “deeply concerning” and demanded that the inquiry identify and hold those responsible accountable. Meanwhile, Congress MLA Irfan Hafiz Lone staged a symbolic protest by holding a placard inside the Assembly, demanding that the family be heard and justice be ensured.
The Political Divide: BJP Stands Isolated
The only party that stood apart from the consensus of the House was the Bharatiya Janata Party (BJP). BJP MLA R.S. Pathania raised an objection on procedural grounds, questioning why the House was discussing a law-and-order issue. Pathania noted that his own questions related to the Lieutenant Governor had been rejected on similar grounds, suggesting that the discussion of the Ganderbal incident was a violation of the House’s jurisdiction.
A Troubled History: Echoes of Amshipora
The current controversy in Ganderbal has inevitably drawn comparisons to the Amshipora fake encounter case of 2020. In that incident, three laborers from Rajouri were killed and falsely portrayed as militants by the armed forces in the Shopian district.
That case led to a rare military conviction, with an Army captain being sentenced to life imprisonment by a General Court Martial (though the sentence was later suspended by the Armed Forces Tribunal). The echoes of Amshipora have given significant weight to the current political demands for transparency, as lawmakers fear a similar violation of due process in the Ganderbal case.
The Ongoing Investigation and Next Steps
Responding to the uproar, Speaker Abdul Rahim Rather informed the House that a time-bound inquiry had already been ordered by the Lieutenant Governor. “Through media we have come to know that the LG has already ordered an inquiry by a magistrate in a time-bound manner,” Rather said, urging the House to allow the investigation to proceed.
However, as the curtains close on the Budget Session, the political battle lines have been drawn. While the government maintains that a thorough inquiry is underway, the opposition has made it clear that they will accept nothing less than a full judicial review. The family of Rashid Ahmad Mughal continues to wait for answers, demanding not just an investigation, but a transparent process that will restore public faith in the conduct of security operations in the region.
