Miscarriage Of Justice

Syed Ali Safvi

The question is not whether Afzal should be hanged or not, but the real question is, has Afzal Guru been given a fair trial. Did he actually deserve the death sentence given the degree of his involvement in the crime.

Once again Kashmiris and the rest of India are up against each other. Reason being Mohammad Afzal Guru’s death sentence. A debate which has found a place in every household is whether Afzal should be hanged or not.

Surprisingly, it is for the first time in the Valley that mainstream politicians and separatists are on the same side of the debate. Every section of society, lawyers, doctors, students, intellectuals, in Kashmir have demanded clemency for Afzal Guru. For the Valleyites, Afzal has become a big unifying factor. The Valleyites know, if Afzal is hanged, situation in the Valley will deteriorate.

Those sitting in the palatial bungalows in Delhi oblivious of the ground situation in Kashmir cannot envisage the ramifications if Afzal is sent to gallows. They have only come to know about Kashmir through Delhi-based newspapers and TV channels, which unfortunately have never reported the ground realities of Kashmir. They don’t know what exactly is happening in Kashmir.

One fateful morning, on February 11, 1984, Maqbool Bhat was hanged and the consequences are before us. Now, India wants to repeat the same mistake. Indian leaders want to gift one more martyr to Kashmiris. Martyrdom is the ultimate aspiration of a militant because it makes him eternal. If Afzal is one of them what more should he ask for?

When Maqbool Bhat was hanged, he became a martyr, a hero, and a legend. Thousand of Kashmiris inspired by Bhat went across the border for arms training. Maqbool Bhat’s hanging became a turning point which shaped the contemporary history of Kashmir. Now, Indian leaders want to take Kashmir back to the period of late 1980’s and early 1990’s.

The families of the victims, who died in the December 13 Parliament attack, are demanding that Afzal’s mercy petition should not be entertained and he should be hanged. No one can share the sympathies with them as much as Kashmiris because only they can feel what a loss of a dear one means. The so-called independent media of ademocratic India has portrayed the whole state of affairs differently as if it is a tussle between the families of victims
and Kashmiris. The question is not whether Afzal should be hanged or not, but the real question is, has Afzal Guru been given a fair trial. Did he actually deserve the death sentence given the degree of his involvement in the crime?

Whether you like it or not, but the answer is NO.

There are various reasons which clearly indicate that Afzal was not given a fair trial. First, Afzal was not given a lawyer of his choice despite giving three applications for the same. Second, his case was fabricated and even Amnesty International and some lawyers of the Apex Court have confirmed it. Third, Afzal was not allowed to cross question the witnesses. Four, the statements and objections raised by him against the false statements were not recorded by the Apex Court. Five, all the accused (Geelani, Shoukat, Afsan and Afzal) were tried under POTA, which, however, does not prescribe death sentence. While Geelani was acquitted and the quantum of punishment was commuted from death sentence to life in jail for other two accused, the Supreme Court upheld the death sentence in case of Afzal Guru by falling back on IPC. Like other three accused Afzal was not present in or around the Parliament complex at the time of attack. Still, his case was treated differently. Had he been tried under POTA like other of his co-accused he would have got the sentence of life imprisonment at the most. But, mysteriously, the Apex Court had different thoughts even though it has categorically stated that “there is no evidence to show that Afzal Guru is a member of any banned
organization.”

According to Afzal’s statement he was mentally and physically tortured by Special Task Force (STF) personnel because they wanted him to work as a “spy”. He was coerced to join Special Operation Group (SOG). This aspect has been completely condoned by the court. Those who demand that Afzal should be executed must at least once go through the letter which Tabassum, wife of Afzal Guru, wrote in 2004. Tabassum clearly mentioned in her letter that
her husband wanted to live a normal life but STF didn’t allow him to. She narrates a poignant tale of the tortures her husband was subject to at the hands of STF and other security agencies. She even revealed the names of these errant troops. The fault of Afzal was only that he had surrendered. In other parts of the world it is the responsibility of the
forces to safeguard a surrendered militant, but Kashmir is an exception.

When he was unable to bear frequent tortures, Afzal left Kashmir for Delhi but STF followed him there. Dogged by poor fate he couldn’t save himself from the notorious STF personnel. According to Afzal, he met one Tariq in the STF camp who compelled him to bring Mohammad to Delhi. Mohammad is one of the executors of the Parliament attack.

What was Tariq doing in the camp and how he knew Mohammad? These are the questions which need to be investigated. But, the fact is that the law enforcing agencies didn’t give it a damn.

There is a need of an institutional change in the Indian judiciary system as far as the capital punishment is concerned.

More than 75 countries have done away with the capital punishment. It has been observed and statistical data prove that the crime rate is persistently on rise in countries which have continued with the capital punishment. And the countries which have annulled the death sentence, the rate of crime has considerably decreased. It is a high time for
India to follow the suit. The indispensable notion of justice is to reform the society and by prescribing death sentence we are only creating more criminals.

Simmering Discontent

Syed Ali Safvi

The sun of July 13, 1931 confirmed the truth in Margaret Mead's saying, "Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has."

On that fateful day, thousands of Kashmiris had gheroed the Srinagar central jail demanding an open trial of a youth, Abdul Qadeer, who was tried for 'sedition'. His crime: pointing his finger to the Maharaja's Palace in protest against the desecration of the Holy Quran at the hands of Dogra troops in Jammu.

The Dogra governer, Ray Zada Chand, in order to disperse the crowd, ordered his soldiers to open fire. The scene that followed was no less horrific and horrendous than the Jallianwala Bagh Massacre. In a matter of few seconds, twenty one protestors were left lying in a pool of blood and many more were seriously injured.

Kashmiris have, throughout their history, been at the receiving end only. The history of Kashmir is replete with incidents of inhumane and tyrannical oppression of the dejected Kashmiris by the rulers. Be it the Mughals, the Afghans, the Sikhs or the Dogras, a common Kashmiri has never found solace.

These rulers treated them merely as scapegoats and any voice of dissent would be severely strangulated. During the reign of King Unmattawati (939-944 AD), the king ripped the abdomen of a pregnant woman to see the foetus. One of the Afghan rulers, Azad Khan, raped, plundered and killed the innocent Kashmiris like a maniac.He slit the stomach of a doctor when the latter failed to cure his eye ailment.

When Zulchu (Zulfi Khan or Zulaji) invaded Kashmir, his soldiers resorted to indiscriminate killings, bloodbath, plundering beyond all limits. They carried out wholesale massacre of Kashmiris, killing everyone who fell into their hands. One of the Dogra rulers, Ranjit Singh, never visited Kashmir, but solicited women and taxes from the valley.

The Dogra rule, arguably, was the darkest period in the history of Kashmir. Such was the degree of oppression that Kashmiris were skinned alive for speaking against the Maharaja. The incident that took place outside the Srinagar Central jail on the fateful day of July 13, 1931 was nothing new for Kashmiris but it provided the much-needed impetus to the anti Dogra sentiments in the valley.

However, most of the freedom fighters who fought for the complete freedom of Kashmir from the tyrannical, oppressive and autocratic rule of the Dogras have remained by and large unsung in the pages of history. Courtesy: The Successful regimes of Kashmir Politics and the so called political interest of their spin doctors.

It's a travesty of justice that we do not have a single building, road, hospital or any other public infrastructure named after any of our freedom fighters who laid down their lives only that we could breathe in the ambience of freedom, peace and tranquility; where we would not be forced to pay tax to live on our own soil. Instead of commemorating them, we have roads, colleges, public parks named after the Dogra rulers who had been cruel and savage.In their rule, Kashmiris simmered in the smoldering fire. in return, that is what our state has given to the martyrs! It is, nonetheless,'never less than mortifying and humiliating both the denizens of the state and for the state itself.

In 1983, the then chief minister Farooq Abdullah inaugurated a bridge at Rambagh named after one of the freedom fighters, Mohammad Sultan Khan alias Sula Galdar. Unfortunately, during the heydays of the armed struggle, a rocket hit the stone plaque on the bridge and completely destroyed it. The administration did not deem it necessary to replace the stone plaque.Instead, the hole, caused by the blast, was plugged in with cement.

If every nation would 'honour' its freedom fighters the way our governments do, sincerely,the world would no longer produce the likes of Mandelas, Gandhis, Khomeinis, etc. Every year on July 13, we remember our martyrs, but are we really doing justice to their memory and role? Do we respect and honour their neverlasting sentiments and resilience towards saving our motherland.

We Salute Our Journalists

Syed Ali Safvi

Press plays a pivotal role in shaping the public opinion. It plays an all important role in developing the conscience of the society. But, in a conflict zone, like Kashmir, it has a much greater responsibility.

Writing against the government policies or state highhandedness may be a routine and trouble-free affair for the journos living in apparently cozy atmosphere in Posh area or metro cities, but the same becomes a Herculean task for the scribes in a conflict area, where you are being literally watched and monitored 24x7. In such a hostile ambience where bulk of the reporters 'manufacture' reports, TRUTH becomes the first and foremost casualty. But then, there are few who muster courage and report TRUTH without caring about the consequences and we cannot but appreciate them.

In a recently organized seminar on "The Growth of Press in Kashmir" by the Mass Communication Professionals' Guild (MCPG), chairman of the Jammu and Kashmir Bank, Haseeb Drabu – the chief guest on the occasion – made some mortifying and demeaning remarks about the Kashmir press. I fail to understand how come a learned person like Drabu, who is not completely alien to journalistic field given that fact that he edited 'Business Standard' for over six years, forgot the basic principle of journalism ethics which says, "you cannot be judgmental."

It sounds outré to hear a discourse on journalistic profession from a complete 'unprofessional' person who has spent a greater part of his life sitting in the palatial bungalows oblivion of the ground realities in Kashmir.

One cannot find the likes of Sanghvis, Aikman and Fisks every where, but we, Kashmiris, are proud of the fact to have produced some of the brilliant journalists who have stood through thick and thin and have often put their lives at risk in order to report the TRUTH. These journalists are far, far better than the Sanghvis who, more often than not, play into the hands of the establishment.

When human rights violations, fake encounters, custodial killings, et al are routine phenomenon and the order of the day, how can a story on Dal Lake or any developmental work, for that matter, make it to the front page.

…and where is the development any way! Laying down the railway lines, reopening the exhibition ground cannot be termed as real development. These 'developments' make no sense for the dejected Bemina residents where three chief ministers have failed to complete a single bridge from the past 15 years. These works make no sense when the roads narrate a dismal tale of the share callousness of the state government.

There is no denying the fact that the successive state governments have not only failed to develop the social infrastructure but have also miserably failed to protect the interests of the denizens of the state. Moreover, the pseudo-intellectuals add fuel to the fire. They have that uncanny knack of criticizing and castigating the Valley populace. Like in cricket it is easy to criticize a batsman from the stands, but only the batsman in the centre – engulfed by players – knows what he goes through. The same is the case with Mr. Drabu. His example is like those spectators only!

We have to be true to our own selves. As George MacDonald said, " Friends, if we be honest with ourselves, we shall be honest with each other." I believe many of us still lack that honesty.

According to the data several Kashmiri journalists, including a woman scribe, Asia Gilani (JKCCS), have been killed in the strife-torn region of Kashmir since the eruption of mass movement in 1989. Among others, the journalists who were killed while doing their duties include Mushtaq Ali (ANI), Ghulam Muhammad Lone (News Agent), Ghulam Rasool Azad (Paper Owner), Muhammad Shaban Wakeel (Al-Safa) and Pervaz Muhammad Sultan (NAFA).

Among those tortured and illegally detained include Muhammad Maqbool Sahil (Chattan), Rehmattullah Khan (Editor, Rehmat) and Syed Iftikhar Gilani (Kashmir Times/Voice of Germany). Gilani was released after several months of illegal detention during which he was subjected to severe torture. The other two journalists are still languishing in Indian jails.
We salute our journalistic fraternity for showing the utmost audacity and commitment in order to sketch a real picture of Kashmir, sometimes with the colour of their own blood. We salute those indefatigable journos who braved the tyrannical establishment and highlighted the atrocities of the forces and in the process laid down their lives for a cause – the cause so dear to their hearts, the cause of projecting the TRUTH.

Let the TRUTH prevail.

Towards Resolving The Kashmir Dispute

The solution of Kashmir imbroglio is accessible provided all parties are committed to resolve the dispute. Both New Delhi and Islamabad have been doing a lot in this regard but their efforts have not yielded concrete results. The last few years have witnessed a tremendous improvement in the relationship between the two nations. However, when Kashmir, which is a bone of contention between India and Pakistan, comes for discussion the atmosphere of hope turns into despair and both the countries are unable to come to a joint agreement. Both the nations must know that the good relations will last long only when the made-complex issue of Kashmir is resolved, otherwise such Confidence Building Measures (CBMs) will turn out to be fruitless only.

India and Pakistan are so allergic to each other that they are not going to accept any solution proposed by either of the two. The reason is that the leaders of the two countries don't trust each other and the history too does not augur well for them. Musharraf's proposals of 'demilitarization' and 'self-rule' was turned down by India without considering them worthy of giving a serious thought. In such a hostile and hopeless situation, the solution of Kashmir crises looks very much elusive. It is very pathetic on part of the Indian leaders not to come up with any proposal. If they don't like the proposal put forth by Musharraf why they don't then come up with their own proposal? This clearly shows how "serious" and "committed" they are to resolve the impending dispute over Kashmir. You cannot castigate others and yourself remain silent at the same time. Either you have to accept the proposals or come up with one. The history bears testimony to the fact that India and Pakistan can't reach any solution and the measures they take are only to make an impression in the international stage that Kashmir is being 'seriously' discussed. In fact, both the countries are merely killing time and the status quo will mean that Kashmir crises will continue unabated.

Pragmatically, there seems to be only one way out to put an end to nearly 60 years of mayhem in Kashmir: free and impartial plebiscite under the aegis of the United Nation as per the UN Resolution, with the inclusion of a third option, Independence, just to update the 'old' Resolution. Let the people of Kashmir decide about their future. The UN Resolution can peacefully and permanently solve the Kashmir dispute. After all, it was responsible to permanently solve the dispute in South Africa and Angola. Ironically, one of the largest democracies in the world, India, has refrained from granting the right of self-determination to the people of Kashmir, which happens to be their democratic right.

The referendum should be held in two different phases:

Phase one: Independence or Union

Phase two: Union with India or Pakistan

(The second phase will come in effect only when the majority of the Kashmir population vote against Independence in the first phase).

Here are various measures which need to be taken to ensure free and impartial plebiscite:

i) Complete cease-fire: The two countries should announce the complete cease-fire along the Line of Control (LOC) to ensure that there is no untoward incident. The government of Pakistan should take militants into confidence. Mirwaiz Umer Farooq once said in an interview that Hurriyat can convince militants on cease-fire and if Hurriyat can do that then I believe Pakistan government should not find it an impossible task.

ii) Demilitarization: After the cease-fire is ensured, India should call back its troops from Indian Administered Kashmir (IAK) and, simultaneously, Pakistan, too, should follow the suit by calling back its troops from Pakistan Adminis-tered Kashmir (PAK).

iii) Post Demilitarization: After the demilitarization, the UN security forces should occupy both sides of the divided Kashmir. The UN can ask for reinforcement from any member country (of course, except from India and Pakistan) to maintain law and order in the erstwhile Jammu & Kashmir and pave the way for an impartial and peaceful plebiscite. The observers of the United Nation should remain in Kashmir and should keep a close vigil on the scheme of things, and when the situation becomes conducive, the observers should go for referendum. Since, people of Kashmir do not want the solution of Kashmir on ethnic or religious basis, therefore, the Pandits who left Kashmir in one of the most unfortunate incident in the history of Kashmir (which of course was a handy work of the then Governor of J&K, Jagmohan), should be called back as an integral part of Kashmir's culture and identity, they too would decide the future of Kashmir along with their Muslim brethren.

The referendum, as already stated, should be held in two phases:

First Phase: - In the first phase people of Kashmir would vote between independence or Union. The referendum would be held under the aegis of the United Nations and one representative each from India and Pakistan would monitor the democratic exercise. If the people of Kashmir vote for the Union, then second phase of voting becomes inevitable.

Second Phase: - In the second phase of voting, people of Kashmir would choose between Union with India and Union with Pakistan. Their 'will' must only decide with which country they want to associate their future.

However, both the countries should respect the consequences of the electoral verdict without being egoistical. If Kashmir decides to accede to Pakistan then Jammu and Ladakh will, by default, go to India and in case the Kashmiris favour India, even in that case Jammu and Ladakh will remain a part of India because there is apparently no dispute over Jammu or Ladakh between India and Pakistan.

Therefore, there is no denying the fact that unlike the common belief, Kashmir can survive as an independent entity. If the people of Kashmir decide to be Independent, both India and Pakistan have to guarantee its Independence. For a start, Kashmir would not have its own currency but the currency of both India and Pakistan would be accepted as legal tender money. Kashmir, as an independent state, would have a free trade with both India and Pakistan and both the countries would invest in its economy. It is an admitted fact that only fruit and tourism industry, if properly managed, are enough to keep the economy of Kashmir afloat.

However, the onus is on the United Nation to finally show its existence and play the role to resolve the Kashmir dispute. In the world of globalization no country would like to be engaged in war or constant dispute. Similar is the case with India and Pakistan.

Now, this is the high time for both New Delhi and Islamabad to show flexibility and see the Kashmir imbroglio from a pure humanistic point of view instead of perceiving it from the nationalism angle. As things are going nobody can rule out the possibility of yet another full fledged war between the two estranged neighbors of Asia. Since, both India and Pakistan are nuclear powers and if the war breaks out then the whole South Asia will face a disaster. Let the recent warmth at Havana last so that the situation takes a healthy turn. Hope we see a better tomorrow.