Unmarked graves result of impunity enjoyed by forces under AFSPA: Prashant Bhushan

SRINAGAR, October 1: Calling for DNA profiling in the anonymous/unmarked graves, senior Supreme Court lawyer and influential core member of team Anna, Prashant Bhushan  Friday said unbridled impunity to forces  under Armed Forces Special Powers Act  (AFSPA) has led to  thousands of such graves across the State, ISHFAQ TANTRY reports in Rissing Kashmir (30/10/2011)

“Primarily, I was here to appear in 1996 Baderwah civilian killing case, which was listed before High Court today. This is one of the case which indicates how large number of  persons were killed in Kashmir over the years by forces”, Prashant Bhushan, a leading Supreme Court lawyer, said while addressing a press conference, here today.

He said in the particular (Baderwah killing case) involving death of three persons in a fake encounter, the charge sheet was filed but subsequent trial ended in acquittal of the main accused because the initial investigation had loopholes.

Linking the Baderwah fake encounter case with discovery of unmarked and unknown graves in Kashmir, Bhushan said if the fourth person in the case, Talib Hussain, who escaped from clutches of the accused would have been killed,  all the three persons would have been buried in an anonymous or unknown grave somewhere.

“That is why we say that anonymous grave issue, as reported by the SHRC in its investigation,  is important to be probed. The DNA profiling should be done and it should be matched with the DNA profiles of the missing persons, whose list is available with APDP,” he said.

He said Baderwah case is one such case, which can be re-investigated and perpetrators, howsoever influential, be brought to the book. “Because of the impunity enjoyed by armed forces under special powers like AFSPA, such crime are repeated time and again”.

Linking impunity of troops under special powers with mass anonymous graves, team Anna member said this cycle of impunity needs to be broken. “It will be broken only when we can provide justice  to victims by  bringing culprits, howsoever big or influential they may be, to book. For this reason, we are demanding that AFSPA should be removed and DNA profiling  of victims in unmarked  graves be carried out,” he said.

About Hurriyat (M) chairman Mirwaiz Umar Farooq proposal to seek support of team Anna  on mass grave issue, Bhushan said the matter  is under consideration.“  I am here in my individual capacity. But the proposal is before the core group and I hope it will be considered soon”, he said.

He, however, dismissed the proposal of Chief Minister Omar Abdullah to setting up Truth and Reconciliation Commission (TRC) to probe issues like unmarked graves.  “It (TRC) won’t serve any purpose. TRC has its uses but it cannot be a complete substitute for booking persons involved in heinous crimes. Here (in Kashmir) we are dealing with accountability of forces who have committed heinous crimes,” he said.

The SC lawyer linked the mass graves issue with unresolved nature of Kashmir issue. “The longer the Kashmir issue festers, the larger number of forces would operate  in Kashmir and it would result in larger number of human rights abuses  like existence of unmarked graves,” he said.

He said conditions should be created conducive for political solution  to the Kashmir problem.
Baderwah Case hearing

Meanwhile, High Court Friday posted the  writ petition seeking reinvestigation into 1996 fake encounter case  for hearing on October 10.

“ The court  will not proceed into the case till Advocate General causes his appearance”, Justice Hasnain Masoodi observed  after  the petitioner lawyer Prashant Bhushan pressed  for issuing notices in the case and the recall of the  case records.

The defence counsel also pleaded  for reinvestigation of the case on the pattern of Best Bakery, Rubabudin and Zahira Sheikh cases wherein Supreme Court ordered reinvestigation and set up the Special Investigation Teams.

Earlier, senior additional Advocate General informed the court that the office of the Advocate General has not received any notice for the assistance of AG in the case from the bench. “The AG’s office has no such information. Advocate General cannot appear in the case, as he has already boarded the plane,” he informed the court.

The families of  Baderwah fake encounter victims, Fazal Hussain Dar, Fareed Hussain Dar and Mohammad Hussain Lone, who were killed in 1996,  had  on  September 21, 2011 approached  High Court with a petition seeking  re-opening  and  reinvestigation of the  case. (Writer-South Asia)

New Delhi rulers - frustrating administration of justice

By Hassan Zainagiree

Srinagar, June 11: It's always guilty that must be punished, no matter who he is, what institution he belongs to. What matters is the nature of crime and the spirit of justice which must be the only standard to judge the merit of the case, comments -Aggressors like Halakoo and Changaiz did what history recorded them for. Genocides, macabre death dances, imperialistic arrogance and killing sprees. They hungered for blood and blood they had in full.

They played hosts for the owls to celebrate doomsday. They loved and enjoyed the “music” of innocent hapless yelling in pain, frying in agony. Unlike present day “civilized democrats”, champions of human rights and “secularists”, these “savage tormentors” however, did not wear gloves to hide their murdering hands, nor put on masks to conceal their identity. They raised the minarets of skulls in broad day light. They created tsunami of death and destruction quite openly. To let no one harbor any misunderstanding or misconception about their intentions. In the guise of saviors they didn't masquerade as brutal killers. Summary executions they would take at the wink of an eye. But would be ashamed of carrying out enforced disappearances, take encounters and custodial killings. Merciless tyrants they undoubtedly were. But duplicitous and cunning they certainly were not.

What the “civilized” world is doing today under various garbs and after taking “solemn pledges” of “respecting human dignity” and showing commitment to International Laws and numerous Geneva Conventions, makes it absolutely clear that medieval period ruthless warriors and despotic    monarchs had at least one moral edge over present day “democratic” rulers. In their not being guilty conscience they had not to hide their criminal profile under various “legal” nuances, nor fudge the records and resort to unmarked graves.

If by some miracle the Halakus and Changaizes were to arise from their graves, they would file in defamation suits against their “siblings” in death and destruction for unjustifiably maligning and accusing them for what they “excelled” in perfection themselves.

In a modern state if institutions of justice are deprived of serving the basic purpose of providing justice to the victim and their “constitutional powers” of prosecuting proceedings against perpetrators of heinous crimes, the state is, of its own, blurring the distinction between detestable regime it denounces and the democratic state it takes pride of giving it to its people. In this backdrop, invoking Armed Forces Special Power Act to halt administration of justice has all but exposed Indian state in its tall claims that every one is accountable before the law of land. On April 24 was stayed the trial of involving murdering civilians in fake gunfights by police and army. The ruling came after the counsel for union of India pleaded that army personnel named in case could not be prosecuted as the sanction has not been given by the government of India which is an essential requirement under the section 7 of the AFSPA. Earlier Supreme Court of India stayed proceedings in an identical case (Pathribal case) in which five civilians were murdered and then passed off as foreign militants responsible for massacre of 35 Sikhs in Chittisingpora. Forensic tests revealed they were civilians. It is to be noted that the chief judicial magistrate in Srinagar has asked the army to either stand trial in a criminal court or in an army court. But the army refused to exercise the option and stated it enjoys impunity under AFSPA. 

The fake encounter came to force last year. Eleven persons, including five army personnel, are accused of murdering of innocent people for promotion and “gallantry” award. The guilty police officers have already been arrested and are facing the trial. Justice demanded both troops and police personnel involved in the same crime and who are accomplice of each other should be punished and no discrimination shown. How can a killer in olive green be exonerated while the one in khaki be prosecuted? This is close to apartheid and smacks of neo-colonial approach. A sweeping generalization Delhi insists observers must avoid from making. “Individual aberrations”, it argues in defense.

Prosecuting erring soldiers doesn't mean prosecuting or maligning army as an institution. Only a “miniscule” from 'individual aberration', it means, have to account for their grave crimes they perpetrated against unarmed civilians. It is only when state shields such “action addicts”, under one pretext or other, that, infact, tars black the entire face of Indian army and drills holes in its claim that it is a “disciplinary” force. This attitude of authorities emboldens men in uniform to indulge in more excesses and atrocities. Even those immune to such “heroic” adventures loose the veneer of tolerance and get going. A message flows down the rank and file: We are above the law. State is behind us for every thing we will do. Thus it is state that gives them a license to kill and main, rape and destroy. On one hand Delhi repeatedly talks of “zero-tolerance” on human rights, on the other, it invokes the draconian law to ensure infringement.

The AFSPA requires pre-sanction of Delhi for prosecuting guilty soldiers, which usually is not given as Delhi's rigidness shows. More than 300 cases of gross human rights abuses against Indian forces like army and para-military troops could not be tried because Indian Home Ministry has not granted sanction. This is how authorities in Delhi are bent on frustrating administration of justice.

AFSPA and democracy are irreconcilable and can't be stuffed in one scabbard. Amnesty International too states that the black law encourages and abets abuse of human rights by men in uniform. Why authorities in Delhi allow a handful of soldiers to tarnish the image of the organization and the country they belong to, one fails to understand.For its own sake it is time Delhi repeal the law that has dented its credibility as a democratic state. 

(The edited version of the article written by Kashmiri writer Hassan Zainagiree)

UN HR team to visit Kashmir on Jan 19

Details: http://jkmpic.blogspot.com

Srinagar, January 15 : The United Nations rapporteur on human rights, Margaret Sekaggya will visit Srinagar on January 19 to assess the condition of human rights defenders in occupied Kashmir.

Sekaggya would file a report to the UN Human Rights Council in Geneva. The report is likely to be submitted in March, a UN official said.

Sekaggya, the special rapporteur on human rights defenders, appointed by the Geneva-based Human Rights Council, has arrived in India on January 11.

Meanwhile, pro-freedom leaders have strongly rejected the statement of Indian Home Secretary, Gopal K Pillai, regarding 25 percent troops’ cut and demanded complete withdrawal of Indian troops from the territory.

Veteran Kashmiri Hurriyet leader, Sheikh Yaqoob, in a statement issued from Muzaffarabad, termed Pillai’s statement as a bid to hoodwink the world community and reiterated his demand of complete withdrawal of troopers from occupied Kashmir, which was vital to create conducive environment for talks to settle the Kashmir dispute. “These so-called troop cuts are not going to improve the ground situation,” he added.

He said that the occupation forces were perpetrating gross human rights violations in the Kashmir Valley. “The troopers are occupying 2,800,000 kanals of land, wiping out forests and unleashing a reign of terror on the local population in the territory,” Sheikh Yaqoob  maintained.

Senior APHC leader, Shabir Ahmad, in a statement issued in Srinagar, said, "We have heard similar announcements in the past but the situation on the ground remained unchanged.”

Al-fatha leader, Tariq Kashmiri asked India to withdraw its troops and stop gross rights abuses in the Valley. The Chief of 11th August Foundation  in occupied Kashmir, Sheikh Issa, in a statement, said that his party wanted complete withdrawal of troops and rejected Indian Union Home Secretary’s statement.(Writer-South Asia)

Pervez Musharraf admits Pakistan role in Jammu and Kashmir Jehad

Johan Simith
Srinagar- Oct 6: Former Pakistan  Pervez Musharraf has admitted that his country had trained underground Kashmiri freedom fighter groups to fight Indian rule in Kashmir.

"They (underground militant groups to fight against India in disputed state of Jammu and Kashmir) were indeed formed," Musharraf told German magazine Der Spiegel in an interview.

Asked why did Pakistan train militant underground groups to fight India in Kashmir, the former President said Nawaz Sharif’s apathy to the Kashmir issue was one of the reasons, so was the fact that the world had turned a blind eye to the dispute.

"Yes, it is the right of any country to promote its own interests... When India is not prepared to discuss Kashmir at the United Nations and is not prepared to resolve the dispute in a peaceful manner," Musharraf claimed adding, “Nawaz Sharif Government turned a blind eye because they wanted India to discuss Kashmir”.

The former Pakistan president indicated he had no regrets for the Kargil intrusion that led to an armed conflict with India in 1999 and argued that each country had a right to promote its national interest.

He slammed the international community, particularly the West, for persistently ignoring the Kashmir issue, and for singling out Pakistan for all blames.

"The West was ignoring the resolution of the Kashmir issue, which is the core issue of Pakistan. We expected the West—especially the United States and important countries like Germany—to resolve the Kashmir issue. Has Germany done that?" the former Pakistan military ruler asked.

"The West blames Pakistan for everything. Nobody asks the Indian prime minister, why did you arm your country with a nuclear weapon? Why are you killing innocent civilians in Kashmir? Nobody was bothered that Pakistan got split in 1971 because of India’s military backing for Bangladesh. The United States and Germany gave statements, but they didn’t mean anything," he said.

Musharraf charged the international community of courting India for strategic deals, while treating Pakistan as a rogue state.

"Everybody is interested in strategic deals with India, but Pakistan is always seen as the rogue," Musharraf said.

The former Pakistan ruler also said the worst blunder of the US would be to quit in Afghanistan without winning. "Then militancy will prevail not only in Pakistan, India and Kashmir, but perhaps also in Europe, the United Kingdom and in the United States. That’s my belief," he said.

The Killing of Shiekh Abdul Aziz and First Kashmir-Wide Curfew in 19 Years

Saheed-e-Azemat Sheikh Abdul Aziz and relatives of missing and imprisoned people participate in a protest against Human Rights violations in Srinagar, summer capital of  Kashmir . The people fear that their missing relatives might have been killed and buried in hundreds of recently discovered unmarked graves in Northern Kashmir. Amnesty International too has urged India to launch an urgent inquiry into nearly 1,000 unmarked graves found during the past two years by Jammu Kashmir Coalition of Civil Societies. / Javed Dar

Srinagar, Jully 29: The Killing of Shiekh Abdul Aziz and First Kashmir-Wide Curfew in 19 Years

On August 11, 2008, about 300,000 people from across  Kashmir, along with trucks loaded with fruit, began marching toward several points on the 778-kilometer Line of Control to cross over into the Pakistani side of Kashmir, in their bid to reach Muzaffarabad, the capital of Pakistani Kashmir. Indian security forces opened fire at the marchers at several places to break up their protests, killing 10, including senior Pro-pakistani Kashmiri leader (commonly known as Baba-e-Jehad-i-Kashmir) Sheikh Abdul Aziz who was also a prominent member of the All Parties Hurriyat Conference and was also a member of the co-ordination committee of ethnic and religious nationalities struggling for right to self-determination under the chairmanship of Justice Ajit Singh Bains formed in Delhi on March 23, 2008.  “Sheikh Aziz was a friend of Sikhs and supporter of Sikh cause for independence,” Over 1,000 people were arrested, and hundreds of wounded were hospitalized at different hospitals across the Kashmir valley. As the protests continued, over 3000 truckloads of fruit were destroyed, allegedly by Indian security forces.

Protests calling for freedom from India continued through August and September in different parts of  Kashmir, with dozens killed and hundreds injured. However, a government-brokered agreement with the Hindu protesters of the Jammu region was reached, under which the land allotment to the Shri Amarnath Shrine Board (SASB), which had been cancelled due to protests by Kashmiri Muslims, was revived in a different form.

The Jammu and Kashmir government, with the understanding of some Muslim and Hindu leaders, leased the land to the SASB for the limited pilgrimage season, giving them no proprietary or title rights. The Hindu leaders called off their stir after signing the lease agreement. The agreement said: "The Shrine Board  may use the land for erecting temporary prefabricated accommodation and toilet facilities and for shopkeepers to set up shops."  This second reversal by the government in its decision to allocate the land to the Hindu shrine has been rejected by the Kashmiri leaders, fuelling a continuation of anti-India protests. The demonstrations are the biggest since 11th august, 2008 when violent anti-India protests killed about 72 Kashmiri  muslims. (Writer-South Asia)