Monday directed the PDP-BJP coalition government in the state to pay a compensation of Rs 10 lakhs to Farooq Ahmad Dar, who was used as a human shield by army during central Kashmir's Budgam district on April 9 this year.
Justice (Retd) Bilal Nazki Chairperson State Human Rights Commission said in his judgement that, "there are laws in this country and global laws which prohibit such a treatment even to a convict, such a treatment to a human being can not be accepted in a civilised society".
In New Delhi, Union Information and Broadcasting Minister Venkaiah Naidu said, "There is no question of giving compensation to people who pelt stones".
"The report of the police accepts that Farooq Ahmad Dar. was tied to bonnet of a vehicle and used as human shield. there are laws in this country and worldwide laws which prohibit such a treatment even to a convict".
The Commission directed the state government to pay a compensation of Rs 10 lakh to Dar for "humiliation", "physical and psychological torture", and wrongful restraint and confinement.
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However, the SHRC didn't rule on the role and culpability of the Army officer involved with the incident, quoting the limited applicability of Protection for Human Rights Act 1993 to the state of Jammu and Kashmir as special provision given to the state.
The controversy involving Major Gogoi erupted on April 9, after Major Gen Leetul Gogoi used tied Dar, an alleged ring leader of stone-pelting mob, to the Army jeep, in order to dissuade the protesters from attacking the forces.
The judgement however is recommendatory in nature and will need the approval of the state government.
Indian Army Chief General Bipin Rawat later lauded Major Gogoi saying that "such innovative method was needed to fight the dirty war".
The commission was hearing an application moved by human rights activist Ahsan Untoo.