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“If my nephew has picked up a gun, why should we all have to suffer? We have lost our home, our clothes, ration, and everything we had. Now we are wandering from one house to another for shelter,” said Imtiyaza, aunt of Ehsan-ul Haq, an active militant in Jammu & Kashmir.
In the aftermath of the tragic Pahalgam terror attack that claimed 26 lives, primarily tourists, and left many others injured, authorities have demolished at least 10 residential houses allegedly belonging to local militants. Apart from the demolitions, which have been carried out across six of the Kashmir Valley’s 10 districts, the authorities have also detained hundreds of people in multiple raids across the region.
The demolitions have sparked widespread outrage, with affected families, political leaders, and activists accusing the authorities of enforcing collective punishment.
(Photo Courtesy: Irfan Amin Malik)
The demolitions have sparked widespread outrage, with affected families, political leaders, and activists accusing the authorities of enforcing collective punishment.
In Murran village of Pulwama district, 31 kilometres from Srinagar, multiple residential houses were damaged after Haq's home was targeted on Friday, 25 April, three days after the Pahalgam attack.
While clearing debris of broken windows, bricks, and household items, people of Murran told The Quint that the entire village is in shock after a powerful blast reduced several houses to rubble.
Recounting the horror, Imtiyaza said that around 7 pm on Friday, the family was told to vacate their house. “We were told to take out the holy books and gold and asked to gather in the local mosque. Within minutes, two loud bangs were heard, and we realised the houses had been blasted,” 38 year-old Imtiyaza told The Quint.
The people of Murran told The Quint that the entire village is in shock after a powerful blast reduced several houses to rubble.
(Photo Courtesy: Irfan Amin Malik)
Houses located at a distance from the target houses sustained damage, with broken window glasses and shattered mirrors.
(Photo Courtesy: Irfan Amin Malik)
Similarly, 60-year-old Abdul Rashid Thoker, a labourer, told The Quint that he spent eight years and every penny he earned to build a new house in the same compound as his old one.
Just as the house was ready to welcome his family, blasts from a nearby home damaged its windows and concrete walls.
“We had kept the wedding items, clothes, and food for the ceremonies in the new house, but little did we know we would lose everything just days before the wedding. Before we could even enter the house, worth Rs 20 lakh, it has suffered cracks in the walls, meaning the structure is no longer safe and has to be reconstructed,” said Thoker.
Haq’s uncle, Mohammad Shafi Sheikh, along with other villagers, appealed to the government to rehabilitate the affected families who lost their homes.
“If the militant’s house was the target, what was the fault of my house? I have lost my home, leaving my four family members homeless. I urge the government of J&K to provide me a tent or a shed so my family can be sheltered. Otherwise, where will we go?” asked Sheikh.
No official statement has been issued by the government, army, or police regarding the demolitions, with authorities remaining tightlipped about the targeted operations.
However, The Tribune, quoting a senior police official, reported that during a search operation in Monghama village of Tral, security forces sensed a potential threat and withdrew for safety, after which a powerful explosion possibly caused by hidden explosives severely damaged the house.
Senior political leaders, including Chief Minister Omar Abdullah, former Chief Minister Mehbooba Mufti, and Hurriyat’s Mirwaiz Umar Farooq have expressed support for action against terrorists involved in Pahalgam attack but have raised concerns over the demolitions, calling them a form of “collective punishment”.
They have warned that such actions risk further alienating the local population and could deepen mistrust between citizens and the state. For example, Mufti asked the government to “tread with caution and carefully distinguish between terrorists and civilians”.
No official statement has been issued by the government, army, or police regarding the demolitions.
(Photo Courtesy: Irfan Amin Malik)
While unanimously passing a resolution condemning the Pahalgam terror attack in the Jammu and Kashmir Assembly on Monday, 28 April, many MLAs also cautioned against “misplaced actions that alienate the people.”
J&K CPI(M) leader MY Tarigami, speaking in the Assembly, stressed the need to uphold the rule of law.
“Many of these structures have stood for years, but all of a sudden they are being declared terrorist hideouts. The fight against terror cannot succeed unless the rule of law is upheld in the region.”
Speaking to The Quint, Tarigami said the state, as an organised institution, must act with greater responsibility than non-state actors.
The demolition of residential houses in Kashmir without issuing show-cause notices to their owners has raised serious concerns about the legality of the operation. Legal experts have pointed to recent Supreme Court observations, which emphasised that the right to shelter is a fundamental right, forming part of the basic structure of the Constitution.
Last year, the apex court ruled that demolishing private property without due process, especially as a punitive response to alleged criminal activity, violates the rule of law and the officials responsible for such high-handed actions must be held accountable.
A senior lawyer, currently practising at the High Court of J&K and Ladakh, told The Quint that demolishing any house requires following proper legal procedures, including serving a show-cause notice to the homeowner involved in alleged illegal activities. Before any demolition can take place, the homeowner must be given an opportunity to respond, along with sufficient time to do so.
The senior lawyer, who did not wish to be named, added that if a particular house was the target, it is unjust that neighbouring residents also lost their homes and were rendered homeless.
Senior Supreme Court advocate Vrinda Grover told The Quint that the recent spurt of house demolitions in Kashmir may have been carried out by authorities citing powers under the Armed Forces (Special Powers) Act (AFSPA), 1990. For example, she said that Section 4(b) of AFSPA permits security forces to destroy structures such as terrorist hideouts, arms dumps, or shelters used to plan or launch attacks in areas declared as “disturbed”.
Grover explained that even these excessive powers are, however, not absolute, and the law provides that such action must be circumscribed by the principle of necessity.
(Irfan Amin Malik is a Srinagar-based journalist.)