Video of UKPNP convention held in London
http://www.jammukashmir.tv/index.php?option=com_contushdvideoshare&view=player&category=Political-Parties&video=UKPNP%5Cs-UK-Convention-London-24-02-2013-&random=41
Thursday, 7 March 2013
Tuesday, 5 March 2013
Gun culture and politics of intimidation must end in Kashmir
Gun
culture and politics of intimidation must end in Kashmir
Speech of Dr Shabir
Choudhry in the UKPNP Convention held in London
Mr
Chairman, friends and colleagues aslamo alaikam
Let me start by
expressing my unhappiness that many PNP speakers before me repeatedly addressed
to Shaukat Kashmiri as a ‘former Chairman’ or ‘X Chairman’; it was sufficient
to make that point once to explain the legal position. However, when each
speaker repeat this more than once during his short speech then it becomes
troublesome. No matter how you and few others regard Shaukat Kashmiri, in my
view and view of Abbas But, Shaukat Kashmiri was Chairman yesterday, he is
Chairman today and he will be Chairman in future. You people need to understand
that Shaukat Kashmiri does not need UKPNP; but UKPNP needs leadership and
guidance of Shaukat Kashmiri. I have no doubt that Shaukat Kashmiri and the new
leadership elected today will be able to control the situation soon and promote
the cause of united and independent Jammu and Kashmir.
Before focussing my
attention on the topic of today’s function, I want to thank Ali Adalat for his
kind words about my struggle and literary work. Ali Adalat is an old colleague-
a man with versatile qualities. He is an author, a researcher and dedicated
political and social analyst. He has done great work to promote local language
which he calls A ‘Pahari’ and I call it Punjabi. Also he has done tremendous
work on the issue of Kashmiri identity in Britain and Europe and I wish him all
the best for his future projects.
Mr
Chairman
Some speakers have
spoken on various aspects of history of Jammu and Kashmir; and I will try not
to repeat anything that has been said before me. I will focus my attention on
the contemporary history, especially which deals with the events leading to
forced division of the State of Jammu and Kashmir.
Friends, we need to be
careful when we use certain words and phrases, as these are formulated by those
who occupy us and they give totally different meaning to historical facts. For
example, they say, Kashmir is unfinished agenda of the Partition of India;
because of Two Nations Theory, Kashmir should be part of Pakistan; Azad Kashmir
and Occupied Kashmir, Base Camp, Black Day on 15 August and 27th Oct
etc.
Let us look at these
events in light of facts. True, the British India was divided in line with the
Two Nations Theory, but it must be emphasised that this Theory was only
applicable to the British India which was directly ruled by the British; and it
was not applicable to the Princely States, including State of Jammu and
Kashmir.
Mohammed Ali Jinnah
founder of Pakistan not only acknowledged this fact, but practically
demonstrated that the Two Nations Theory did not apply to the Princely States.
On two different occasions he stated that Kashmir had right to join India, join
Pakistan or remain independent. If the Two Nations Theory was applicable to the
Princely States then it should have automatically become part of Pakistan; and
there was no need for Mr Jinnah to say about other options available to Jammu
and Kashmir.
Similarly when Ruler of
Junagarr expressed his desire to join Pakistan, Mohammed Ali Jinnah accepted
that accession, even though this State had nearly 80% non -Muslim majority; and
under rules of the Two Nations Theory this state should have automatically
become part of India. Also Mohammed Ali Jinnah supported State of Hyderabad’s
right to become independent, even though that State also had more than 80% non
- Muslim majority.
This clearly shows that
the Two Nations Theory was not applicable to the Princely States, and all those
who say Kashmir dispute is unfinished agenda of the Partition of India, try to
make Kashmir a religious dispute and annex it by fooling people in name of
religion. It must be remembered that State of Jammu and Kashmir is multi ethnic
and multi religious state; and there is no danger to Islam there.
Pakistan came in to
being on 14 August 1947, and when the British Raj ended on 15 August, India
also became independent. However, people forget one fact that all those
Princely States which did not join either India or Pakistan also became
independent. That means Jammu and Kashmir also became independent on 15 August
1947; and when people of Jammu and Kashmir hold Black Day on 15th
August, in reality, they hold a Black Day against their own independence.
Furthermore, if these
people are true nationalists then they should hold Black Day on 14th
August as well, because to us both countries are occupiers; and when we only
observe Black Day against India, it shows that it is done on behest of Pakistan
or to please them- which is known as proxy politics.
People need to know
that government of Pakistan signed a Standstill Agreement with the Ruler of
Jammu and Kashmir. When the Pakistani government realised that the Maharajah
wanted to remain independent and had no desire to join Pakistan, they violated
the Standstill Agreement and on 22 October 1947 launched a tribal attack to
capture Kashmir.
The tribesmen butchered
innocent Kashmiri people, looted their houses, kidnapped and raped girls and
women and burnt houses and shops. The forces of Kashmir were unable to check
this brutal attack, so in order to save his throne and people of Jammu and
Kashmir the Maharaja asked India for help, which was only provided after he
signed the ‘Provisional accession’.
Furthermore, people
need to differentiate between the two events – entry of the Pakistani troops
and the entry of the Indian troops. Pakistani troops entered the State
territory illegally against the wish of the Ruler and by violating the
Standstill Agreement; and the Indian troops entered Kashmir on request of the
Ruler and under a treaty. Of course one could criticise the subsequent role of
the Indian army.
However, we should
observe 22 October as a Black Day, because it was on this day we were attacked;
and what happened on 26/ 27 of October 1947 was the by-product of events of 22
October 1947. In other words, if there was no Pakistani sponsored attack on
Kashmir, there would have been no accession and then we could have been
independent. What that means is, our present miseries and forced division is
directly related to that tribal attack, so we should rightly observe 22 October
as a Black Day.
We are urged to call
areas under Pakistan as Azad Kashmir and areas under India as occupied and
disputed. Whereas, fact is that the entire State of Jammu and Kashmir is
disputed; and no part of the State is azad or independent. Apart from that we
are repeatedly told that this area known as Azad Kashmir is a base camp to
liberate the Kashmir under India.
Again meaning of this
term, ‘base camp’, is that areas under Pakistan are azad – free; and only areas
under India are occupied; and this ‘base camp’ should be used to wage a war to
liberate the remaining areas of Jammu and Kashmir. It is because of this false
notion that people of this region are fooled to forget about their own miseries
and let Pakistan use this area as a launching pad to continue militancy in
areas of Jammu and Kashmir under India. The result of this policy is that we
people of Jammu and Kashmir are forcibly divided and suffer on both sides of
the divide.
It must be pointed that
because of the wrong history which we have been taught for many decades by our
occupiers, many people still regard the tribesmen who attacked us in October
1947 as Mujahideen. What these savage warriors did was a shameful act. They
attacked our country, looted our houses and shops, burnt houses and religious
places, killed innocent people, raped our women and girls and kidnapped them
and sold them in cities of Pakistan. These people were terrorists and
criminals. To call them Mujahideen is insult to name of Mujahideen.
So we need to be
careful what we call those who attacked our country; and those local people who
helped foreign warriors to invade our country and killed and raped our innocent
citizens. To me the local people who collaborated with the tribal invaders were
traitors of Jammu and Kashmir. It is sad that those who occupied us presented
them as leaders and freedom fighters.
I agree because of
militancy tens of thousands of people of Jammu and Kashmir have lost their
lives, women raped and many are still uncounted for; and the suffering
continues. However, sad thing is that despite all the suffering, destruction
and loss of human life we are not even considered as a party to resolution of
the Kashmir dispute. Because of our wrong policy, we are only there to suffer;
and India and Pakistan negotiate on Kashmir dispute and discuss what is good
for people of this former Princely State.
Pakistani governments
continue to fool us that a solution will be found in accordance with the UN
Resolutions on Kashmir; fact, however, is that all the talks between India and
Pakistan since 1972 are held in accordance with the Simla agreement. It is
clear that the UN Resolutions give right to people of Jammu and Kashmir to
decide whether they want to join Pakistan or India; the Simla Agreement has
taken away that right from the people and made the Kashmir dispute a bilateral
issue which has to be resolved by the two governments.
First, on request of
Pakistan, our right to independence was restricted in the UN Resolutions, then
our right to decide was taken away; which means we cannot decide our future and
we cannot become Kashmiris. We are Kashmiris and like to remain Kashmiris; but
governments of India and Pakistan are not prepared to give us that right; now
whether we will become Pakistanis or Indians even that will be decided by officials
of India and Pakistan.
I hear people demand
withdrawal of troops of both India and Pakistan. May be these people are
sincere. However, question is under what mechanism these troops should be
withdrawn. Available and agreed mechanism was in the UN Resolution of 13 August
1948; which clearly stated that Pakistan should withdraw all the troops from
the territory of Jammu and Kashmir; and India should withdraw ‘bulk’ of the
troops. We know Pakistan refused to vacate the areas of Jammu and Kashmir under
their occupation, hence no progress on withdrawal or on the plebiscite.
I can’t envisage a
situation where both India and Pakistan will agree to any mechanism to withdraw
troops from the Jammu and Kashmir, if anything, both are entrenching their
positions because of suspicions against each other and other security related
issues.
In this regard, I
suggest that all kinds of violence must stop to end culture of fear and
intimidation. Like UKPNP, our party Kashmir National Party also believes in
peaceful struggle and strongly oppose use of gun, because gun has only created
problems for us. Both countries should continue with confidence building
measure, and create friendly and peaceful environment in which people of Jammu
and Kashmir could also be part of the dialogue to decide future of Jammu and
Kashmir.
Mr Chairman, thank you
for your patience.
Writer is a political analyst and
author of many books and booklets. Also he is Director Institute of Kashmir
Affairs.Email:drshabirchoudhry@gmail.com
Friday, 22 February 2013
New wave of militancy in Kashmir will start soon, Mushtaq Ahmad Zargar, Commander-In-Chief, Al-Umar Mujahideen
New wave of militancy in Kashmir will start soon, Mushtaq Ahmad Zargar, Commander-In-Chief, Al-Umar Mujahideen
MUSHTAQ ZARGAR is the chief of
pro-Pakistan Al-Umar Mujahideen, which had 700 militants when the Kashmiri
insurgency was at its peak in the 1990s. Zargar, who comes from a copper
polishing family, crossed the LoC in 1988, and rose to lead Al-Umar after
breaking away from pro-azaadi JKLF
in 1990. Al-Umar’s key men were killed in gunfights and Zargar was arrested
from his hideout on 15 May 1992. He is believed to be involved in 40 murder
cases and money laundering cases. Zargar’s importance to the militant cause can
be gauged from the fact that four high-profile kidnappings were made in a bid
to secure his release. But Zargar remained in jail until the hijackers of IC
814 in 1999 secured his release, along with Jaish-e-Muhammad leaders Maulana
Masood Azhar and Ahmed Omar Saeed Sheikh (who was later convicted for murdering The Wall Street Journal reporter Daniel Pearl in Pakistan), in
exchange for 150-odd hostages. Zargar had kept a low profile after his release.
But emboldened by the US withdrawal from Afghanistan, Zargar tells Baba Umar on telephone from an undisclosed
location that a fresh wave of fighting will soon singe the Kashmir Valley.
EDITED EXCERPTS FROM AN
INTERVIEW
After your release, nothing
much was heard about you. What were you up to?
Al-Umar Mujahideen has been carrying out operations against Indian troops in a limited manner. Sometimes, we wouldn’t even claim the responsibility. India may have hanged Afzal Guru, but it’s no longer an impediment. Even if New Delhi hangs men, women and children en masse, we won’t give up what is ours. India must remember that the US has been defeated in Afghanistan. It’s a success for Al-Umar Mujahideen too. In four months’ time, India will see what we are capable of. Kashmir will be merged with Pakistan and there is nothing India can do about it.
How can Al-Umar claim credit for the US withdrawal?
Wherever Muslims face oppression, we have been going there and we will continue to go there. We are fighting in the name of Allah. After Kashmir, we will fight in Chechnya and Palestine.
Wherever Muslims face oppression, we have been going there and we will continue to go there. We are fighting in the name of Allah. After Kashmir, we will fight in Chechnya and Palestine.
The Hurriyat factions and the JKLF believe in peacefully
resolving the Kashmir conflict. How will you convince them?
I don’t care what they think. The Kashmir dispute will be
resolved only through an armed struggle. Our organisation doesn’t believe in
talks. Moulvi Yousuf Shah (Mirwaiz Umar Farooq’s uncle) wanted to solve the
dispute in a peaceful manner. In reply, he was sent into exile.
Many Kashmiri leaders say
that a non-violent struggle is the only potent weapon. They have also offered
conditional talks.
But that isn’t my ideology. I took up a gun in 1988 in
the name of Allah. The path of jihad is laid with thorns. One faces a lot of
problems. Those who are tired must say that they can’t continue with the
struggle. I won’t criticise those who want to hold talks with New Delhi. If
they can solve the dispute with talks, let them do it. But I know they won’t be
able to succeed in their efforts.
Hurriyat leaders Maulana
Abbas Ansari and Abdul Gani Bhat say that no solution can come from the barrel
of a gun. Aren’t they being realistic?
It’s their misunderstanding if they think that guns
aren’t a solution. It’s actually the guns that made them and their political
careers. Who knew them in Kashmir before 1989? It was only after the jihad that
people came to know about Bhat sahab, Ansari sahab and other sahabs.
But Pakistan too seems to be pushing for peace. It wants
talks and trade with India.
We don’t have a problem. Pakistan can always hold talks
on Kashmir and trade with India. However, this doesn’t mean Pakistan’s stance
has changed. Look at China and the US. Both countries maintain hostilities and
trade relations at the same time.
What if Pakistan stops backing militants?
Pakistan has always given us political, diplomatic and
moral support. That’s enough. Regarding money, men and guns, we can get it from
anywhere. We still run training centres on both sides of the LoC. Nothing has
changed on the ground.
You joined militancy in 1988. It’s been almost 24 years
since. What changes have you effected on the ground?
Militancy highlighted the plight of Kashmiris. Earlier,
no one knew what was going on inside Kashmir. Now everybody knows that India
has occupied it.
Why did the IC 814 hijackers demand only your release
when other Kashmiri militant leaders were also in jail?
Whatever they deemed wise, they did it. I won’t go into
the details. In mid-1990s, Al-Umar kidnapped former Bihar MLA Pankaj Kumar. My
boys kept him hostage for more than a year until he was rescued by the troops.
My release was demanded at that time. Sheikh Omar kidnapped four western
tourists in New Delhi in 1994. My release was demanded then as well. Al-Faran,
which kidnapped western tourists in Pahalgam in 1995, had also sought my
release. The mujahideen had always fought for my release.
The state government says militancy has ebbed. What do
you think?
There are crests and troughs in every movement. In 1994,
the armed struggle was at its peak. In 1995, it faded a little, but only till
1999. It was again at its peak till 2004, when the then Indian PM Atal Bihari
Vajpayee made three ceasefire offers, which we rejected.
The 2008 Assembly poll saw a big turnout. Recently,
36,000 panches and sarpanches were voted to power. New Delhi sees these as a
vote against militancy.
These are sham polls. India has many puppets in the
Valley. What kind of voting takes place in the shadow of guns? If India thinks
these polls were votes in its favour, why is the entire state under curfew on
26 January and 15 August? Why are the police detaining children and raiding
houses? The policemen must understand that their families also live in Kashmir.
If they continue to oppress Kashmiris, their families will be forced to
migrate.
Why don’t you support a political dialogue on Kashmir?
More than 1 lakh people have been killed and many are buried in mass graves. Thousands of women have been raped. What kind of dialogue is New Delhi talking about?
More than 1 lakh people have been killed and many are buried in mass graves. Thousands of women have been raped. What kind of dialogue is New Delhi talking about?
Will the militant leadership announce ceasefire?
We will never lay down guns.
Is Kashmir a religious fight? Isn’t it a political
question?
Our goal is to expel India and establish Nizam-e-Mustafa
(Allah’s rule) because it is a Muslim-majority region.
How about Kashmir’s minorities under Nizam-E-Mustafa?
Nizam-E-Mustafa gives enough freedom to minorities. Sikhs, Hindus and Christians will get more freedom than they have now.
Nizam-E-Mustafa gives enough freedom to minorities. Sikhs, Hindus and Christians will get more freedom than they have now.
The conflict saw Kashmiri Pandits migrating elsewhere.
Many Muslims also migrated to Muzaffarabad? Will Al-Umar call for their return?
Pandits left the Valley on the call of Governor Jagmohan
who wanted to teach the Kashmiri Muslims a lesson. Muslims left because the
army oppressed them. The Pandits didn’t leave Kashmir on my call. They left on
their own; they can also come back on their own.
There are allegations that you killed Kashmiri Pandits.
I deny this claim. I have never killed a Kashmiri Pandit. They were Kashmiris like me.
I deny this claim. I have never killed a Kashmiri Pandit. They were Kashmiris like me.
Al-Umar was carved out of the JKLF. Is it true that
differences with pro-Azadi JKLF led to its formation?
No, it’s not true. Al-Umar was formed in 1988. It was
only in 1990 that we started claiming attacks on Indian military and government
installations. Before that, even Ehsan Dar, the founder of Hizbul Mujahideen,
would launch attacks and give credit to the JKLF.
But isn’t it true that Yasin Malik was for independent
Kashmir, something which you don’t believe in?
Yasin Malik is just like my brother, in fact more than that. There were no differences between him and me. When the armed struggle was launched JKLF was being guided by four men including Yasin Malik. Al-Umar and other organisation would operate separately but never claim responsibility. Everyone would assume that all these attacks were launched by JKLF. JKLF would also claim responsibilities of attacks which we carried out. We were never angry at it. That was a part of strategy. But in 1990 we began taking responsibilities of attacks.
Yasin Malik is just like my brother, in fact more than that. There were no differences between him and me. When the armed struggle was launched JKLF was being guided by four men including Yasin Malik. Al-Umar and other organisation would operate separately but never claim responsibility. Everyone would assume that all these attacks were launched by JKLF. JKLF would also claim responsibilities of attacks which we carried out. We were never angry at it. That was a part of strategy. But in 1990 we began taking responsibilities of attacks.
Some observers say Mirwaiz Umar Farooq had offered tactic
support to Al-Umar after whom the group is named.
We respect Mirwiaz because he is a religious cleric. But
Al-Umar was named after second Caliph of Islam. It’s not true to say that
Al-Umar had Mirwaiz’s tactic endorsement.
How strong is Al-Umar
now?
I won’t reveal anything about our strength. You will soon
realise how strong our group is. Just give me four months.
Many former militants returned from Muzaffarabad to lead
normal lives in Kashmir. Doesn’t this reflect a weariness among the militants?
Armed struggle is like walking on a thorny path, with
nothing to feel sad or excited about. Those who get tired of it, give up. Those
who want to carry on, keep up the fight. Jihad is a long journey that many give
up in the beginning or the middle. We aren’t angry with them. It happens.
Former militants have warned against foreigners hijacking
the struggle. Even now, it’s the Lashkar-e-Toiba that is increasingly leading
the fight.
Militants are often dubbed as foreigners. In reality,
these are men whose parents migrated from Kashmir in 1947. Jaish-e-Mohammad and
Al-Umar are pro-Pakistan, but our boys are from Kashmir.
Do you support Tehrik-e-Taliban Pakistan’s (TTP) Kashmir
Jihad call. Recently TTP called Pakistan to revive Jihad in Kashmir and also
offered to fight in the Valley? TTP is a foreign group?
Those waging holy Jihad against oppressors of Muslims
will go anywhere. They pick up guns because of Allah’s will. Be it Taliban
(TTP) or any other group, they’ll come. I welcome them. When we fight in other
places be it Afghanistan or Palestine, our boys are welcomed. Why won’t I
welcome them? I will. Such fighters are our brothers.
Aren’t you worried that the struggle runs the risk of
being branded as terrorism?
The world can say anything. It doesn’t matter. Allah shouldn’t consider us terrorists. If we are terrorists, then what about Bhagat Singh who fought against the British?
The world can say anything. It doesn’t matter. Allah shouldn’t consider us terrorists. If we are terrorists, then what about Bhagat Singh who fought against the British?
Grave of ‘Azad Kashmiri’ killed by army of Islamic Republic of Pakistan
Grave of ‘Azad Kashmiri’ killed by army of Islamic Republic of
Pakistan
Tuesday, 19 February 2013
This is what Pakistan army man did in POK
This
is what Pakistan army man did in POK
https://www.facebook.com/photo.php?fbid=244727158997915&set=a.175081539295811.44278.100003818987251&type=1&theater
https://www.facebook.com/photo.php?fbid=244727158997915&set=a.175081539295811.44278.100003818987251&type=1&theater
Hanged at 8 am, Dr. Syed Nazir Gilani
Hanged at 8 am
Sunday, 10 Feb 2013 at 09:54
Afzal’s execution may seem fit to
satiate the feelings of revenge but justice is not about revenge
Dr. Syed Nazir Gilani
People in
all the three administrations of Jammu and Kashmir, Diaspora and a respectably
growing constituency of their sympathisers were linking with each other about
the 29th Death Anniversary of Maqbool Bhat who was hanged in Tihar Jail Delhi
on 11 February 1984, in reaction to the kidnap and murder of an Indian diplomat
in Birmingham – United Kingdom, that we heard Home Minister Sushilkumar Shinde
say to reporters that Afzal Guru was hanged at 8 am on Saturday.
High Court
in its judgement on a petition of Maqbool Bhat on 6 August 1981 held that in
view of Maqbool Bhat’s pending mercy petition before the President, Bhat can’t
be classed as one ‘under sentence of death’ and can’t be confined apart from
other prisoners. The Court held that his transfer to the death cell on 27 April
1981 is ‘arbitrary and illegal”. Consequently Bhat was shifted to Ward 1.
Supreme Court of India, meanwhile, stayed the execution of the death sentence,
on 11 April 1983. United Nations, Amnesty International, High Court of Delhi
and the Supreme Court of India were on the side of Maqbool Bhat.
Delhi lost its cool on the murder of its diplomat in Birmingham and overran all these considerations and reacted to hang Maqbool Bhat on 11 February 1984. He was buried in Tihar jail and his mortal remains continue to remain as ‘prisoner’. Maqbool Bhat as a student, as a politician, as a one who dared to cross the line of control, as a prisoner , as a friend, as a journalist and as a nationalist of his times has continued to inspire masses, in particular the youth of Kashmir. Political parties, in particular, Plebiscite Front (PF), National Liberation Front (NLF), Jammu Kashmir Liberation Front (JKLF) and others exalt him as a symbol to the highest point in their admiration.
Home
Minister Sushilkumar Shinde’s statement that Afzal Guru was hanged at 8 am on
Saturday left no choice for JKLF leadership and others in Rawalpindi, Pakistan
to prepone their February 11 programme and set up an instant protest camp.
One could see Amanullah Khan and Yasin Malik, with many others sitting sullen
faced and braving the cold inside the tent. A moment of grief and woe for any
human person and more so for those who had an association with Afzal Guru and
did not subscribe to a death sentence.
JKCHR has
inscribed its interest in Afzal Guru Case from August 2011, when its members
from Kashmir Chapter in Srinagar visited the Guru family in Sopore. I have
expressed my concerns on the quality of his legal defence, in particular when
his wife made a statement that “a police officer unlawfully used his position
to coerce Afzal and his family into walking on a dotted line during the hearing
of the case.”
By virtue of
an attack on the Parliament and the attempt to wipe out the entire political
leadership of India, Afzal’s case attracted the “rarest of rare” crimes. We had
a precedent in which Sonia Gandhi appealed for mercy on behalf of Murugan's
wife Nalini sentenced in Rajiv Gandhi murder case and the sentence was commuted
to life term. She was given the benefit of an exclusion category of "new
mothers".
International
standards have also developed in such a way as to exclude more and more
categories of people from those against whom the death penalty might be used in
countries which have not abolished it. The exclusion of "new mothers"
is widely observed in practice. This exclusion could have applied to Afzal Guru
as well.
Afzal as a state subject does not seem to have received appropriate attention from the State Government, from President of India under Article 72 (1) (c) which empower the President to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence in all cases where the law provides for a death sentence and from the Governor under Article 161.
Afzal as a state subject does not seem to have received appropriate attention from the State Government, from President of India under Article 72 (1) (c) which empower the President to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence in all cases where the law provides for a death sentence and from the Governor under Article 161.
It remains a
tragedy that the National Conference could not once again save itself from
another blame to have remained in one or the other manner answerable for a part
in this second hanging as well. It has failed to address the concerns raised by
Guru’s wife that “a police officer unlawfully used his position to
coerce Afzal and his family into walking on a dotted line during the hearing of
the case.”
It is even
more distressing that J&K Chief Minister in 2013 should say that he was not
consulted and had no hand in the execution of Guru. If one were to believe the
chief minister that Delhi did not regard it important to take him on board and
that a mercy request made by PDP did not hold any merit, chief minister has a
reason to stand up to Delhi for failing to address the bare fundamentals in
such cases and resign.
Chief
Minister has not only failed in his oath to the people of Jammu and Kashmir, he
has equally let down all those Kashmiris who braved the annoyance of
establishment in Islamabad and made valiant efforts to bring him and his father
out of cold, to share the favour and credibility of Pakistani leadership in
London, Toronto and Brussels. Chief Minister has betrayed the sentiment which
stood at guard to protect him in Islamabad, when the establishment decided to
ignore him and drive rest of the delegation to Mir Pur. The flow of
Kashmiri delegations that kept calling on him in his hotel in Islamabad
frustrated the establishment. The exclusive reception in his honour hosted by
Muslim Conference could not have been possible without the intervention of
Kashmiri Diaspora.
Government
of India has stated that the J&K government has been taken into confidence
before Guru's hanging early on Saturday. The common sense supports the GoI
claim because an execution required a preparedness to face an instant law and
order situation in Kashmir. Therefore, it would have taken a considerable
discussion between Delhi and Srinagar to put in place a contingency plan to
keep order in various parts of the valley and to respond to a spill over.
The manner
in which the execution seems to have been carried out without informing the
family to have a final word with Afzal, find about his last wish and how to
conduct the family affairs after his death, highlights a characteristic of a
primitive cave age society. There is no grace in the manner of justice.
It would
raise many eye brows in the decent circles in India and across the world that
Guru’s family had been informed about his execution through “Speed Post and
registered post”. It is very unfortunate and callous disregard of the urgency
involved in such communications. If at all a Kashmiri prisoner facing a death
penalty and being prepared to walk to the gallows had any ‘rights’ in the
discipline of Indian justice, Delhi should have alerted the J&K Government
to break the news to them and to provide necessary means to the poor family to
make it in time to Tihar jail before the noose was tightened.
The statement
of Union Home Secretary RK Singh that J&K government has been taken into
confidence before Guru's execution puts chief minister’s credibility in the
boil. However, Guru's lawyers Nandita Haksar and N Pancholi have stated that
his family was not informed about the government decision to hang him. It does
not do much good to the duty to fairness and the discipline of justice, if the
Union Home Secretary feels unsure and has asked the Director General of Jammu
and Kashmir Police to check with Guru’s family whether the intimation sent to
them through Speed Post, registered post has been received by them or not.
It was a
requirement which should have been addressed before the execution. The
statement of the lawyers that the family came to know about Guru's hanging only
through news channels does not endear Delhi to Sopore in particular. "The
family was not informed about the decision. They came to know only through news
channels. The family is in Sopore. They cannot come due to curfew," makes
a painful statement. Delhi administration which guards every household in
Kashmir should have paid due regard to the fact that even if the family was
informed in time, travel time for them would not have been enough to make it on
time to Tihar jail in Delhi.
Afzal’s execution may seem fit to satiate the feelings of revenge but justice is not about revenge. There is difference between asking a full pardon and a petition praying that death sentence be commuted to life imprisonment. On balance one could satisfactorily state that hanging Afzal would neither serve the cause of justice nor repair the loss suffered by the families during the attack on Parliament. Our condolences go out to Afzal’s wife Tabassum.
Afzal’s execution may seem fit to satiate the feelings of revenge but justice is not about revenge. There is difference between asking a full pardon and a petition praying that death sentence be commuted to life imprisonment. On balance one could satisfactorily state that hanging Afzal would neither serve the cause of justice nor repair the loss suffered by the families during the attack on Parliament. Our condolences go out to Afzal’s wife Tabassum.
Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations. He could be reached on email dr-nazirgilani@jkchr.com
Saturday, 16 February 2013
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