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Who is Khalid Wani: A Militant’s Brother or Just Another Civilian?

The procedure of giving compensation by the State to an alleged militant needs clarification.

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The first question should be – Who is Khalid Muzaffar Wani?

However, the eyes perk up once you learn that he was none other than the brother of Hizbul militant Burhan Muzaffar Wani; the latter’s killing on 8 July 2016 sparked the four-month-long turbulence on Kashmir’s streets.

Khalid Wani died in April 2015 in an encounter in the Kamla forest area of the notorious tehsil of Tral; the Wani family hails from this town.

He had allegedly gone to meet Burhan, but ran into an Army ambush and met his end. The Army initially labeled him as a militant, but subsequently had classified him as an Over Ground Worker (OGW).

OGWs can be classified innocent if nothing illegal exists on record. The term itself is for purposes of intelligence labelling and keeping under watch.

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The Jammu & Kashmir government has announced compensation of Rs 4 lakh to the family of Khalid Wani, a measure usually adopted for compensating families of innocent civilian victims of conflict. But was Khalid Wani really innocent and is this the best time to go public on an issue which is bound to draw negativism?

The Wani family had nothing to do with Burhan becoming a militant, but once he did turn renegade, it became tainted in perception; and in conflicts of this nature, it is perception which matters.

The J&K CM Mehbooba Mufti has gone public to state that families of terrorists must not be viewed as terrorists or terror supporters. This has been her stance well before she came to power and is the correct approach.

Those who oppose this approach must recall that even Syed Salahuddin's son continues to work for the J&K Government. In such situations, narrow-minded perceptions are usually counterproductive.

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Compensation by The State

Returning to the main issue of compensation by the State to an alleged militant, which is what is being objected to by some quarters, the procedure needs clarification.

Compensation is meant for those victims of conflict who are classified as innocent with no connect to militancy. Based on First Information Reports (FIR) registered by the police, compensation lists are prepared district wise.

A committee examines such cases and this includes a representative from the Army. The lists are actually sent to the higher headquarters and trickle down to the point of contact at the local level; in other words there is a deeper institutional scrutiny and the lists are not just left to a committee member.

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The Army scrutinises this with a fine tooth comb and certifies correctness of label of innocence of the deceased, which allows the compensation to be released. What is also important is that high profile encounters which have been contentious with media glare and allegations of human rights violations get investigated by the State CID and the report is also considered by the compensation scrutinising committee.

So there are enough checks and balances built into the system unless the system itself gets compromised which is unlikely with multiple agencies involved.

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In the case of Khalid Wani two things need to be noted. First, the Army doesn't appear to have given the final opinion on his innocence as he was labeled as an active OGW.

The second and more important thing is the timing of this report. Someone thought it to be a routine case of compensation, while it is a potential bombshell.

If the Army itself classifies him an innocent or the CID has a point of difference, the case should be discussed in the Core Group between the Army, police, CID and the Commissioner Kashmir division for a consensus approach and further inquiry.

There can be less turbulent times in which the case should finally come to the last decision. The need of the times is to allow the Valley to heal itself without unnecessarily raking up issues which can wait. The Wani family is in no hurry to receive compensation, if it ever agrees to receive it.
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How Should Families of Militants be Treated?

This brings us to the last and most contentious issue. How should families of militants be treated by the State and different agencies?

There are perceptions about shunning them, ostracising them and definitely not compensating them. I agree about the compensation bit, unless proven to be mistaken killing of innocents.

The Army’s concept has been clear. It has no axe to grind with families of militants or of innocents affected. It only wishes to mainstream them all and that is the principle it follows in the social domain of the conflict. Vilification of families helps no one’s cause except multiplying the number of people bearing grudge against the state.

(The writer is a veteran Lieutenant General, who commanded the Srinagar based 15 Corps. He is now associated with Vivekanand International Foundation and the Institute of Peace and Conflict Studies. The views expressed above are of the author’s own and The Quint neither endorses nor is responsible for the same.)

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