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.

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?

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. 

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.

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.

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?

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

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.

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.

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, 9 February 2013

Hanging of Afzal Guru – India provided another martyr to Kashmiri


Hanging of Afzal Guru – India provided another martyr to Kashmiri
Dr Shabir Choudhry         09 February 2013
On the morning of Saturday 9th February 2013, Mohammed Afzal Guru was hanged in Tihar Jail of New Delhi and buried inside the Jail. This undesirable action was carried out only two days before 29th death anniversary of Maqbool Butt, who was also hanged in the same jail on 11 February 1984.
It was not the first time a Kashmiri leader was executed in unsatisfactory manner and buried without handing the body to the relatives. Afzal Guru, whether guilty or innocent is no more with us, and let us pray that Almighty bless his soul.
Afzal Guru was accused of masterminding the attack on the Indian Parliament on 13 December 2001, in which 14 people lost their lives. All five attackers were killed on spot. India accused the Jaish-e-Mohammed militant group for this attack which has links with some officials of the Pakistani establishment. Afzal Guru and Shaukat Hussain Guru were sentenced to death in December 2002 for planning and providing logistic support for the attack. On appeal the sentence of Shaukat Hussain Guru was reduced to 10 years; and he was released on 30th December 2010.
In the same case, two other people, Delhi University Lecturer, SAR Geelani and Afshan Guru, wife of Shaukat Hussain Guru were acquitted due to a lack of evidence. What that suggests is that there must be some evidence against Afzal Guru and Shaukat Hussain Guru. Afzal Guru was to be executed on 20 October 2006, but after his wife’s clemency appeal to the President of India, it was put on hold. On 3 February 2013, the present President of India Pranab Mukherjee rejected the appeal, hence the execution of the accused.
It is not common in India to hang people for murder. Since 2004, only two people have been executed. Mohammed Ajmal Kasab was executed in November 2012 for his involvement in the 2008 Mumbai attacks; and Afzal Guru for his involvement on the attacks on the Indian Parliament.
One may not say that Afzal guru was completely innocent man; but he certainly did not deserve a death sentence. In one TV interview he acknowledged his role in the incident, which was limited to providing logistic support and weapons. He also acknowledged that he went to Pakistani administered Kashmir as a JKLF man for training; and he later on established links with Jaish E Mohammed. 1
Important point here is that Afzal Guru was not part of the team that attacked the Parliament. He did not kill anyone, although he had some supportive role in the incident. People who are directly involved in murders, at times, do not get death sentence, and question arises why Afzal Guru had to be hanged? Why his sentence could not have been changed to life imprisonment?
Timing of the hanging and the way it was carried out, and what they did to his body speaks volumes about callousness of the authorities. If he had to be sentenced to death, why he had to be hanged two days before the death anniversary of Maqbool Butt, when feeling are running very high; and anti India feeling are at its peak? Why his family was not allowed to meet him before executing him? Above all, why his death body was not given to his family?
Is that not clear breach of fundamental human rights, and against ethics and morality? Is this not to rub salt in wounds of the suffering people? Is this not a message to angry and frustrated people of Kashmir that their sentiments, dignity and honour were not important to the authorities?
What that indicates is that some people don’t want any kind of peace or normalcy in Jammu and Kashmir, as Kashmir dispute has become a big business and a valuable source for winning public support or diverting attention from other important issues. One Kashmiri journalist today phoned me and asked my views about this incident. I expressed my serious anger, concern and strongly opposed this action; and called it a breach of fundamental human rights.
He agreed with me, but added that Afzal Guru was not innocent, as he had some role in the incident – he provided weapons which were used to kill people; but he should not have been hanged. He also agreed that his body must have been given to his family. He said: ‘Choudhry Sahib the Kashmir dispute will never be resolved. One condition for a plebiscite is normal situation; and those who are in position of power always ensure that the normal situation does not prevail in Jammu and Kashmir State’.
Commenting on the incident General secretary of CPI(ML) Liberation, Dipankar Bhattacharya said: "Faced with growing popular opposition and resistance one very front, the Congress party and the UPA government are desperately trying to appease the BJP and the communal-fascist brigade." 2
Arun Dhati Roy writes: ‘Like most surrendered militants Afzal was easy meat in Kashmir — a victim of torture, blackmail, extortion. In the larger scheme of things he was a nobody. Anyone who was really interested in solving the mystery of the Parliament Attack would have followed the dense trail of evidence that was on offer. No one did, thereby ensuring that the real authors of conspiracy will remain unidentified and uninvestigated. But now that Afzal Guru has been hanged, I hope our collective conscience has been satisfied. Or is our cup of blood still only half full?’ 3
The Supreme Court judgment says the evidence is circumstantial: “As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.” But then it goes on to say: “The incident, which resulted in heavy casualties had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender.” 4
Already demonstrations on both parts of the divided State have started. Whereas, demonstrations on the Indian side of Jammu and Kashmir have become violent; demonstrations on the Pakistani side were peaceful and despite government support numbers were limited to few hundred people. Fearing demonstrations as a result of Afzal Guru’s hanging the authorities in Jammu and Kashmir imposed a curfew, but hundreds of people still came out resulting in some injuries.
The big test will be on 11 February. Despite the curfew, people will come out in thousands; and that could result in serious clashes resulting in loss of valuable lives and damage to property. I hope common sense prevails and the authorities do not show heavy handedness; and let angry people protest peacefully and express their sentiments.
This incident will remain controversial, as some will claim he was innocent, others will say he was part of the terror project and was rightly executed. Some will say he had some role in it but did not deserve death sentence. Whether innocent or not, but by hanging Afzal Guru India has provided another prominent martyr to the Kashmiri Muslims. Afzal Guru is dead, but he will live as a martyr, and will boost anti India sentiments. My fear is that some groups will claim that they have no hope for justice; and that will provide new recruits for violence and terrorism.
References:
4.      ibid
Writer is a political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email:drshabirchoudhry@gmail.com 
View: www.drshabirchoudhry.blogspot.com           www.k4kashmir.com            

Interview of Afzal Guru- was he innocent?


Interview of Afzal Guru- was he innocent?