Kashmir.Watch

Category: Interviews

  • Kashmir has no expectation from Narendra Modi; Congress hanged innocent Afzal Guru – SAS Geelani

    Samiya Latief

    In an exclusive interaction with I am in DNA reporter Samiya Latief, senior separatist leader SAS Geelani talks about BJP Prime Ministerial candidate Narendra Modi, former Prime Minister Atal Bihari Vajpayee and the way forward for Jammu and Kashmir

    Here are edited excerpts:

    You have given a boycott call again for elections? Do you think simply boycotting the elections would yield anything?

    A place that has been enslaved does not get anything by voting. When we don’t have basic freedom to live peacefully, what does a vote mean to us? Elections mean something wherein rights are respected but the rights of Kashmiris have been violated again and again, so the voting process is futile for us. We have to first get freedom from the occupation. It is our responsibility to guide people but ultimately it is their decision.

    You chose the democratic way of elections in 1971, what has changed since then?

    I decided to fight elections to counter Sheikh Mohammad Abdullah and his government, their ideas and plans. I had two main objectives while fighting elections. One that all the political parties were selling lofty ideas and development to the people but in the Assembly they used to make laws against the social and moral fabric of the society like lease of the land by the National Conference at that time and other things. The second objective was the most important issue of Kashmir and whenever I voted it was anti-India and pro-Kashmir.

    The major concern of people while boycotting elections is where will they go for their basic needs like bijli and paani?

    The Hurriyat leader responded that things won’t change even if we vote. Whether we vote or not, whoever forms the government has the duty to fulfill these basic needs and requirements of the people. Kashmiris do pay taxes. The first and foremost responsibility of any government is to take care of human lives, property, religion but they have always failed to protect us. Instead of protecting us, they are misusing us and our resources including water and land. They are using our water resources to build power projects and then give electricity to India while we remain in darkness. They are exploiting our land by giving it to the Army like in Gulmarg 28 lakh kanals are under the control of the Army, similarly 5200 kanals of forest land in Shopian is now an army cantonment. And yes, we are fighting for our rights of Azaadi where development is not the first priority.

    Have you at any point felt that youth of Kashmir are a little disconnected from you and their priorities are changing?

    Tha jo na khoob, batadreej wohi ‘khoob’ hua – ke ghulami main badal jata hai qaumun ka zameer. That there is a small section of youth who get disillusioned with things like jobs and development offered to them. The youth is an asset in every nation and the pro-occupation forces are after them everywhere. They try to woo them with different policies but majority of the youngsters of Kashmiris I assure you are with the freedom movement. And plus, this is all propaganda of the Indian media creating wrong conceptions that youth of Kashmir do not want Azaadi. Why doesn’t the media show the killings and rapes? Why is it silent when there are human rights violations in Kashmir every single day? The youth of Kashmir is much more conscious today and they very well know the importance of azaadi from India.

    What are your expectations from the new government which will be formed in May?

    As far as dispute of Kashmir is concerned, it does not matter which party is at the Centre. Congress has ruled for more than 40 years, but it didn’t help in any way to solve the issue of Kashmir. There were more than 40,000 riots during the Congress rule, Congress hanged our Afzal Guru who was an innocent.

    Are you in any way worried about Narendra Modi becoming Prime Minister? Do you think Modi will try to take forward the talk Vajpayee had started during the NDA rule?

    If people think Vajpayee had a soft stand on Kashmir, it is all untrue. Whatever Atal Bihari Vajpayee said was in air and nothing was done on the ground. Even in the NDA rule, same things happened in Kashmir. Pro-freedom movement was heavily curbed. And about Modi, I have no hesitation in calling him a murderer. It was his responsibility being the Chief Minister of Gujarat to protect and safeguard the minority but he did not do so. He is a RSS follower. Hurriyat and the people of Kashmir have no expectations from them at all. There have been many talks during these years but they start this only to buy time. India is not sincere to resolve the dispute of J&K at all, all they want to do is to occupy people of Kashmir by force.

    When we talk about Kashmir, you have always maintained that Pakistan is the alternative for Kashmiris. But with Pakistan itself so weak and unstable do you still pin your hopes on it?

    Pakistan since its inception has been a victim of propaganda by the US, Russia, India and others. Pakistan is the only country among 57 others with nuclear power, so it comes under attack very often. Pakistan is surely a stake-holder in the J&K dispute. When the accession of princely states of India was in process, the three major points kept in consideration were: geographical position of a place, the religious inclination and most of all the cultural similarities between the people. All these reference points prove that we should have been part of Pakistan and not India.

    Tehreek-e-Taliban in Pakistan and their policy about anti-girl education has been termed dangerous worldwide, what do you have to say about it?

    I despise the idea vehemently as there is very harmful. Everything in this world can be achieved by education and persuasion and the women form an important part of our society. Even Islam has emphasized about the importance of girl education. Nothing can be achieved by killing or by force. Killings anywhere by anyone is condemnable.

    US withdraws its forces from Afghanistan, is there is any chance of Taliban and Al-qaeda turning towards Kashmir?

    It is a propaganda of different countries and media. Even if NATO forces leave Afghanistan, there is a lot for Taliban and others to take care of in Afghanistan. The internal conflict of Afghanistan between various parties like Communists and different ideologies won’t give the Taliban the time to think about Kashmir. Otherwise when Soviet Union had left Afghanistan, it could have formed a normal government but it could not.

    Do you feel that the increasing tensions of Pakistan and Iran have a harmful impact to both countries?

    These two nations need to shun their differences, proceed with a dialogue and should be unified for peace. It is my humble request to both the countries and my wish also that they should come together in the interest of the whole Ummah.

    Coming back to Kashmir, does anything chane if PDP or BJP comes to power?

    No matter who comes to power at the Centre or the state, for the people of Kashmir only the faces change, rest remains the same. They are all ‘one’ when it comes to the dispute of Kashmir – be it Congress and BJP or NC and PDP. Even the emergence of AAP is the same and nothing changes.

    BJP manifesto talks about abrogation of Article 370, what is your view about it?

    The only issue right now is occupation. Article 370 is empty, it doesn’t matter whether it is abrogated or not. Our sole issue is that the guidelines of the UN resolution should be passed. Everything other than that is a non-issue.

    The latest speculation is that you nominated your son as your successor.

    Nothing like that has even happened or been discussed. It was only a rumour created by media.

    What after Geelani then? Who will be the face of Tehreek-e-Hurriyat after you? Is there any leadership crisis within this separatist faction?

    Tehreek-e-Hurriyat has a plan of its own. The Constitution of the party will surely produce some alternative as and when required and that decision would be in the interest of the people of Kashmir.

     

  • “India sells participation of Kashmiris in elections”: UJC Chief

    No poll boycott campaign means betrayal with freedom movement

    Srinagar: While appreciating the separatists who are busy with the election boycott rallies in Kashmir, United Jihad Council (UJC) chief Syed Sallahudin has asked the pro freedom leadership who are yet to start their poll boycott campaign that their inaction will tantamount to pro-India stance and betrayal with Kashmir’s freedom movement.

    Quoting UJC chief, Syed Sadaqat Hussain spokesman of the UJC has said in a statement issued to KNS that the pro freedom leadership who are yet to start poll boycott movement should launch a massive anti-election campaign otherwise their tag of treachery will not fade till the Day of Judgment.

    Sallahuddin has said that besides safeguarding their own individual and family interests, the mainstream parties are in one voice ‘fulfilling the Indian agenda in Kashmir’.   The UJC chief has said that no one will be allowed to betray the sacrifices offered by Kashmiri martyrs.

    The UJC spokesman has said that under military massive occupation elections have no relevance and importance in Kashmir. “Through these elections India is trying to further strengthen and legitimize its occupation in Jammu and Kashmir,” said Sallahudin while addressing a high level meeting.

    The UJC chief has observed that the Indian leadership is selling elections held in Kashmir as an endorsement of Kashmiri people to the so called accession with its dominion. “This negative propaganda can be countered only through a complete poll boycott    in Jammu and Kashmir. Despite understanding this reality, those who will participate in these elections will be betraying lakhs of martyrs who have given their precious lives and those innumerable women whose chastity and modesty was compromised by the occupying forces,” Sallahudin has said. (KNS)

     

  • IPL will be beneficial to my growth: Parvez Rasool

    After becoming the first Jammu and Kashmir player to be selected in an IPL team in 2013, Parvez Rasool is now ready for his second stint in the T20 league and reckons that the presence of star players in his team will help him grow as a cricketer. 
    The off-spinning all-rounder, who has been bought by Sunrisers Hyderabad for Rs 95 lakh, firmly believes that the T20 event is a big stage to make your presence felt in the national and international market. 

    “I feel one should grab every opportunity that comes your way and IPL is sure a perfect platform to showcase one’s talent. With so much of television viewership, the world is watching and the selector’s also have an eye on the event. It’s a great chance for any upcoming cricketer to prove his worth in this T20 extravaganza,” Rasool said. 
    The 25-year-old will be rubbing shoulders with national and international stars in the Sunrisers squad that is led by Shikhar Dhawan. The Jammu and Kashmir skipper feels great to be a part of the same dressing room that will have players like Dale Steyn, Darren Sammy and Ishant Sharma. 
    “The presence of international and national stars in the Sunrisers squad will certainly be beneficial to my growth as a cricketer. I will try my best to spend time with them, on and off the field. And at the end of it performance is key. So I hope that if and when I get a chance to play, I come up trumps,” said the wily off-spinner. 
    Rasool though got just two IPL games in the last season with Pune Warriors and his outing with the Virat Kohli-led Team India to Zimbabwe was also restricted to the dug-out but he takes all this in his stride. 
    “You have to take the rough with the smooth. I personally have taken a lot of positives from all this. I am lucky to have got an IPL break and a chance to travel with the Indian team. How many players get such opportunities?,” said a hopeful Rasool. 
    On the point of Jammu and Kashmir players getting a raw deal, Rasool argues that performance can wipe away any negativity and believes that it’s far more sunny for J&K players now. 
    “Our performance has been good in the last couple pf years. Our boys are getting picked in Zonal cricket and also being considered for IPL. I personally graduated from Under-19 to the national team and in IPL for Pune Warriors, so I believe the Kashmiri lads are making their presence felt,” said the upbeat all-rounder. 
    Rasool did get a few tips from off-spinning great Harbhajan Singh during the Irani Trophy game in February. Rasool was in the Rest of India reserves with Harbhajan as skipper and the J&K player enjoyed the lessons from ‘the Turbanator’. 
    “It’s my fortune to get advice from a player of the stature of Harbhajan Singh. I am constantly in touch with him. His advice is invaluable and has certainly helped my game. I certainly practice what I am taught to master the art,” he said. 
    Rasool though was critical of the fans’ behaviour towards Yuvraj Singh after the T20 final. Rasool harbours lot of respect for Yuvi, who was instrumental in winning two World Cups for India, and feels cricket lovers should not turn fanatics towards their heroes. 
    “Anybody can be at the receiving end of the madness of cricket in this country but fans should realise that a player gives his blood and sweat to the country and is human if he errs. I have great respect for Yuvi paaji and feel that he deserves respect and nothing else,” concluded Rasool.

     

  • UPA led Govt ‘ideal’ for J&K; BJP a ‘worst’ option: Omar

    Rejects pre-poll surveys, says these are ‘fixed’  ‘Governance, new administrative units, normalcy in NC’s manifesto’
    Jammu: Terming UPA led government an ideal situation for Jammu and Kashmir, chief minister Omar Abdullah is of the opinion that the BJP led government at the Centre will not be in the interests of the state. Omar also made it clear that in case the Congress fails to form the next government at the Centre, he will prefer joining a Third Front supported by the Congress rather than joining BJP led government.
    In an exclusive interview with KNS, at CM’s secretariat in Jammu, Omar said:  “For us the ideal situation is a UPA government. But unfortunately, if they don’t come to power, then I would prefer a Third Front government supported by the Congress.” He remarked that the worst option for his party to support is the BJP led government. “Because, it is completely an untested entity. Had BJP nominated Atal Behrai Vajpayee or L K Advani as its prime ministerial candidates, it was still worth to pay a heed.  But you know nothing about BJP’s present prime ministerial candidate Narindera Modi except for what he says about Gujarat. We even don’t know what is happening in Gujarat. So it is an untested force. Let us see.”
    About pre-poll alliance with its coalition partner Congress in the state, the Chief Minister said his party has followed its alliance model of 2009 where NC and the Congress had fielded three candidates each. “We repeated those three candidates for the upcoming Lok Sabha polls on our share of three out of six seats. Let us see how Congress will go with the nominations of their candidates for rest of three Lok Sabha seats,” Omar informed.
    The chief minister added: “We have not fielded three candidates in Jammu because of the pre poll alliance. Let us be very clear, if there will be no pre-poll alliance between NC-Congress there will be no government in the state. Because there is no way that the NC and the Congress can fight each other in the parliament and sit in the cabinet together and govern the state jointly. That is hypocrisy which will not be accepted by the people.”
    When asked about the consistent demand of the Congress to field its candidate from one more Lok Sabha constituencies in the state besides having its own share of three seats, Omar termed the demand ‘unjustified’.  “This is an unjustified demand. Why should we drop our sitting MP for this attitude? I would have been ready to debate on a seat if there would been no sitting MP from our party. Suppose we agree for pre-poll alliance for the assembly elections, then will they ask to drop our sitting MLAs as well. Tomorrowthey will ask me to leave Ganderbal or Gurez for them; is that a justified demand? Dr Farooq sahib had come here to get the feedback from the party on the Congress demand for one Lok Sabha seat of the valley but the party didn’t allow him to go for it. The party said that we have three sitting MPs and we should retain these three seats,” Omar told KNS.
    However, he clearly maintained that his party colleagues like some circles in the Congress, do not want to forge a pre-poll alliance for the forthcoming assembly elections in the state. “People in both the parties do not want pre poll alliance in coming assembly elections. If you talk to my party colleagues, they will not say it officially but unofficially they will confirm this.”
    While referring to pre poll surveys conducted by some organizations in collaboration with some media houses in Delhi, Omar categorically rejected these surveys saying that they are a fixed poll surveys. “It has been proven that C-Voter people take money to do these exit polls. Headlines today and India today have said that they will not work with the C-Voter anymore because they indulge in fixed polls. I don’t trust any pre-poll survey. You ask ten people and decide the fate of one lac! People will vote and those votes will decide and these surveys can’t change the results. We have a direct competition with PDP. Who says no?”
    Asked about preparedness of his party National Conference and the agenda with which it will go to people to seek votes, Omar said that his party is well prepared to go to people and seek their support. “We have already announced our three candidates in December 2013 and from that day we started our preparations for the ensuing polls. Since the poll bigul has been sounded and the election notification has already been issued, there will be campaigning now and I think we will have to go to the ground seek votes from people and let us what people decide.”
    About NC’s manifesto for Lok Sabha elections, Omar said that the same will be prepared by the party’s manifesto committee. “Obviously our agenda will be five years of governance, our performance, developmental work, creation of new administrative units and the extent of normalcy in the security situation of the state.” When asked to elaborate any breakthrough on NC’s major slogans like revocation of Armed Forces Special Powers Act (AFSPA), return of power projects, employment and so on, the chief minister said:  “This is an ongoing process. Obviously what government gets elected in Delhi will have some implications on these things. So we will see what happens.” However, he said an assessment of the AFSPA has to be made by state government, home ministry and the defense ministry. We are in the process of discussing it. Let us see.”
    He termed a brief halt (January-February 2014) in Cross LoC trade ‘unfortunate’ saying that the incident occurred because of one individual (Pakistani truck driver) who should face the legal course of action. “Suspension of trade was an unfortunate situation because it is one individual who is involved in drug smuggling. Reality is that there was only one driver from Pakistan involved in the matter but there were many people from this side of the LoC involved in this racket. Those people who were supposed to lift that drugs consignment and the end users of it were all involved. It was a nexus. It is not that the whole blame lies on the other side of LoC but the law must follow its own course. Suppose if our driver is arrested in Pakistan under the charges of drug smuggling then he will go to jail in Pakistan. The Pakistani law will follow. But fortunately the other side has understood this. They have not made it a prestige point. We will follow the law and whatever the courts will decide, will happen.”
    On creation of new administrative units and opposition Peoples Democratic Party (PDP) allegation that these unit

    s exist only on papers and have been created for political reasons, Omar said that these units have been approved by the cabinet and there has been a provision kept in the budget for the non plan expenditure. “Now that our plan is being approved there will be a provision kept for the planned expenditure.  The Planning commission’s approval does not matter in this regard. We will manage our resources. I cannot inaugurate these units because of the model code of conduct already enforced.  Once this code of conduct is over in May, I will start inaugurating these new administrative units in the state.” He said that the opposition PDP is confused on this issue. “First they say that these units exist only on papers then they broke furniture in assembly demanding more units.”

    Omar also ridiculed the opinion about possible dangerous consequences of US troop withdrawal from Afghanistan on Kashmir. “There will be no impact of US troop withdrawal in Afghanistan on Kashmir. The groups with vested interests who do not want revocation of AFSPA in Kashmir try to scare us using this kind of theory. I think the US troops withdrawal from Afghanistan will impact security situation in Kashmir only if the conducive security situation in Kashmir is a result of their (US troops) efforts. If our army would say that the credit for normalcy in Kashmir goes to America then obviously there could be some dangerous implications of US troop withdrawal in Afghanistan. But you can’t say that your sacrifices have made this peaceful situation possible in Kashmir and in the same breath, say if this peace is disturbed it is because of American troop withdrawal from Afghanistan.”(KNS)

  • ‘Govt used my name and standing as a defence against the out cry over Kunan-Poshpora’

    Wajahat Habibullah, divisional commissioner of Kashmir investigated allegations of mass rape by the Army, speaks to Arun Mohan Sukumar about the incident.

    Wajahat Habibullah, who as divisional commissioner of Kashmir investigated allegations of mass rape by the Army, speaks to Arun Mohan Sukumar about the incident, subsequent inquiry and why the govt deleted portions of his report.

    The Indian Express story on the Kunan Poshpora rapes investigation suggests…
    There was a cover up.

    The story quotes the then deputy commissioner (Kupwara) S M Yasin as having received both threats and promises of promotion during his investigation. Were you similarly approached to turn in a favourable report?
    No. Though my report left a number of questions unanswered, inquiry by me was only a preliminary one. But nothing further was done and the case was closed. It is quite improbable that a crime of that magnitude took place as alleged. I would not go so far as to agree with Yasin when he says “it is the biggest blot on the face of democratic India”. Yasin was carried away by emotion, he is a Kashmiri himself. I did not tell him I had not given the government my report yet they have “published” it. It is true that I had submitted it but the government only published part of my report — a critical portion of it was excised.

    Why do you think the government did that?
    Well, obviously, the government wanted to use my name and standing as a defence against what it saw as an international outcry against the alleged incident.

    Why would a village, comprising ‘simple folk’ as you say in your report, complain about a mass rape rather than hush it up?
    Is it because militants put pressure on them?

    At the risk of attracting stigma that has stayed on for decades?
    They were terrorised. That said, I agree such a complaint would not have been made unless there had been some incidents.

    Surely, one or two (incidents of rape) could not have compelled the government to redact some portions from your report?
    They had to show the commissioner was a man who was looked up to by the public has rejected the allegation.

    What was the government’s attitude towards the investigative process?
    When I first said was going there, Governor G C Saxena tried to discourage me. He said “no need to go (to Kunan-Poshpora), let the Army report.” Saxena was under a lot of pressure from the IG of the Border Security Force, (A K) Patel and others.

    But you didn’t give them a clean chit
    The ‘ifs and buts’ in such circumstances never pay off. Kashmir and India were on trial in those days.

    When you raised the deletion of some portions of your report with Saxena, what did he say?
    He said nahin, let the whole controversy settle down, then we will clarify the matter.

    Did you get the impression, going in, that the investigation could be manipulated by the government?
    It always was. But that was not my concern. I was a much younger man then. Wouldn’t you have looked at the consequences? A lot of Kashmiris have criticised me for not disclosing (the fact that the government had deleted parts of my report) earlier. I couldn’t embarrass the government.

    Where do we go next on Kunan-Poshpora?
    If there is still an opportunity to re-probe this case effectively, it should be taken up.

  • We are the stake-holders. Come! Let’s change this system

    In an exclusive interview chairman global youth foundation Mr Towseef Raina talks to Mir Arif
      
    Touseef Raina, you sometimes lead candle light protests at Pratap Park. What is your aim?
    My colleagues in the Global Youth Foundation have been interacting with young people, mainly in north Kashmir, for the last few years, to promote peace with justice. We discuss how a stable society can be built so that we may have prosperity and a better life ahead. We have seen how so many of our leaders in the past have opened shops and tried to make money out of our sufferings. They and their children stay safe, many of them make a lot of money, and build big bungalows, while the poor end up dying and suffering torture and worse. And finally, it just keeps going on. No solution is reached. One reason is that this suits these brokers of violence and instability. They make money out of it. Also, so many of them are on the payrolls of one country or the other. They don’t have the freedom to take decisions. They have to do what they are told to do.
    But what can you achieve by lighting candles at Pratap Park?
    You have noticed our candle light vigils at Press Colony. But that is not all we do. And that is not the only place we have candle-light vigils. We have done them elsewhere also, where only poor people live and only poor people come. They get noticed at Pratap Park because the media covers it. We do that to draw attention to certain issues. For example, we took up the issue of Afzal Guru – while he was still alive! For that also, we had a candle-light demonstration. At that time, our so-called leaders were sleeping. They had been sleeping for years, not doing anything to defend his case in the courts. You see, many young people feel that it suits our so-called leaders, whether they are mainstream or separatist, that poor, helpless people die.
    Please understand that candle-light demonstrations are only a small part of what we do. We interact with young people, have discussions, try to understand the world around us, how it is changing, what our challenges are, what opportunities we have, how we can make our world a better, safer, more prosperous place. We want that today’s young generation also should not be wasted.
    What good did your candle-light protest do, for example for Afzal Guru?
    We could not save his life, agreed. Unfortunately, far more powerful people did not share our idea. But at least we have the satisfaction that we did what we could. We are nobody, but we wrote a letter to the President of India. I asked for permission to meet him in Tihar. I visited his family and offered help while he was still in jail. We started a signature campaign. And this was not easy. We were threatened. I was personally summoned, with some of my colleagues, and we were told we would be locked up in jail. Even after that, when there was total curfew after his execution, and there was no transport, I walked for the whole day, almost all the way from Srinagar to Baramulla, to support his family and help them with the chahrum, with whatever little I could. No so-called leader was there. I did what I could. That’s all I can say.
    You seem to be headed towards a political career. Do you plan to fight elections?

    I don’t like the idea that people just jump into electoral politics to gain power and make a career of that, and turn it into a dynastic family business. What has happened to politics here is one of the problems we young people discuss and feel strongly about. Politics must be about making change. For the moment, I am happy to work on the ground. In fact, it is too early for us even to bring change. What we are doing at this stage is to understand the issues, the world around us, and to agitate on certain issues. Power politics should not be just about getting power and become some kind of modern-day maharaja, with cars, bungalows, lal batti, security. Even those who fight elections should do so in order to make the system better, to make life better for common people, to know and understand the sufferings of common people.

    Some people may think this is just a cover, to project yourself, so that you may get a chance to join power politics?
    If you talk about a chance to join power politics, I have had many chances. Over the past one year, leaders from four different parties have invited me to join as their youth leader – important parties, which have been in power, in government. One of those who asked me has been an MP. The president of another party telephoned me several times. Each time, I did not accept.  I don’t want to talk about it, to show off.  I am only telling you this because you said some people may question my intentions. Unfortunately, we have become used to people around using social work or NGOs or politics in order to gain power or money. So we don’t believe that anyone can actually be trying to do something good fo

    r common people, for poor people, for people who are helpless.

    Tell us more about yourself. How long have you been interested in these issues?
    I grew up in Old Town Baramulla. Then, my parents shifted to Sangri Colony and later to Bemina. I have gone to school in Baramulla Public School and later in Srinagar. I just completed third year Mass Comm. at Baramulla Degree College.
    Ever since I was a little boy, I felt strongly about issues and about what was right and wrong. I was not willing to accept blindly what someone said. I wanted to understand for myself.
    What inspired you to take up this kind of leadership role?
    I see it as a change-maker’s role. Even from a young age, I would talk about issues. And I found that my friends and some relatives and classmates would listen. I would explain my ideas and would argue to convince people who did not agree. I was willing to discuss with an open mind, to understand their point of view and put forward mine – on a one-to-one basis, not speeches or in public. Even just at home, with my brothers. I found that many people would finally agree with me, even if they had been strongly opposed in the beginning.
    Somehow, people around started calling me a leader, to believe in me. I was just trying to help poor people, stand up for what was right. It was my nature. I would never hurt anyone. In fact, I would try to protect the weak, the sick, the poor. I would be happy taking care of those who were not well or were challenged. My parents sometimes get angry with me because, if someone is in hospital, I spend so much time, sometimes many nights, taking care of them.
    Isn’t this quite strange for someone so young?
    I always say that age is only in the mind. And I have a positive mind. I feel that only the youth can bring change. We have a stake. The future is ours. And we are 60 per cent of the population. Also, the world is changing very fast. With internet and other communication channels, our world is very different from our parents’ world. Look at how much impact youth have made in places like Egypt, and in totally new, unexpected ways.
    What kind of future do you want for Kashmir?
    I think we need to concentrate on the small things first, before we can look for the big things. Our society is going to the dogs. Drugs, corruption, oppression, those who are in power or in positions are making fools of people for their own advantage. These things are finishing our society from inside.
    The other thing that we concentrate on in the Global Youth Foundation is justice. We take up human rights at the grassroots level, not just speeches and articles and conferences. We go to police stations and to the DC’s office and we help those who are being unjustly treated. We try to help the poor who have no support.
    We also work to help the sick and the needy, and we focus on child rights and women’s rights and minorities’ rights.
    I want to see a secular, liberal Kashmir, where everyone has their rights and can also take responsibility for making society better. I want a stable, prosperous, happy Kashmir without bloodshed and humiliation and torture. We want our Pandit brothers to feel safe here, and be a real part of our society. In fact, we want harmony and good relations between all the different communities in the state. There is too much hatred in the world, too little understanding.
    We want a Kashmir where the government and all officers and other employees work with honesty and dedication for the welfare of the people, including the poorest, the least powerful.
    Could you tell us a little more about Global Youth Foundation?
    It is an NGO, registered as a voluntary trust. Some of my friends started it a few years ago. I was elected the chairman. It has gradually become much more active since the past three years. We don’t try to make a big name for ourselves. We concentrate on working at the grassroots and in remote areas. We have had a very good response in these areas.
    What is your message for the youth?
    We are the stake-holders. Come! Let’s change this system

  • In Conversation with Zaffar Shah

    Junaid Nabi Bazaz  Authint Mail

    Senior Lawyer Zaffar Ahmad Shah speaks to Authint Mail about why Afzal Guru’s hanging was a murder of justice, the extrajudicial consideration that led to his execution and its larger ramifications on the people of Kashmir who are looking up to Indian courts for delivering justice.
    AM:  As a senior lawyer, what is your opinion on the judgment that was pronounced by the Supreme Court of India in Mohammad Afzal Guru’s case? Many people called it a judicial murder! What are your views?
    ZS: The question as to whether the judgment of a court is right or wrong depends upon several factors. One is the kind of evidence which is produced by the prosecution in a court. If the prosecution evidence establishes guilt of an accused, then only he can be convicted. Now reportedly in the case of Afzal Guru, the prosecution had not produced any credible evidence so as to connect Afzal with the crime alleged against him. So, as a result of lack of evidence or existence of only scanty evidence, the court in recording conviction against Afzal Guru, there were several flaws during the course of a trial which has resulted in miscarriage of justice in this case.
    AM: After his hanging, people raised important questions about the lack of legal resources provided by the Kashmir’s separatist leaders to Afzal Guru who they now clam as their hero. What were the options available to save Afzal from going to gallows?
    ZS: Any person against whom any kind of criminal allegation is made, such person, under law, is required to be tried by a court. Now, every accused also has a right to engage a lawyer of his choice. There is constitutional guarantee available to an accused. So, when the separatists talk about it, what they essentially mean is that when the case was lodged against Afzal by prosecution at Delhi, the family members or Afzal could have expressed a choice about the lawyer and whether the lawyer was to be paid or not to be paid, or what expenses were required to be provided to lawyer. Perhaps those arrangements could have been made by public donations. In my opinion, perhaps no such request was made by Afzal Guru or his family members to any of the lawyers; whether to the Bar Association or otherwise who practice in Jammu and Kashmir. Now, no lawyer at his own can appear in a case unless his services are engaged by the accused concerned. The family members of Afzal, it appears to me, didn’t chose to engage any lawyer from the state. It also appears to me, though I don’t have any knowledge about that, whether the family members approached any of the lawyers in the state of Jammu and Kashmir to defend Afzal at Delhi. What I was told was that the choice of the lawyer was made there in Delhi itself by the family. So, whatever separatists say, I don’t know whether separatists were taken into confidence by Afzal’s family or not when the trial was started against him at Delhi.    
    AM: Few days back, the death sentence in 13 cases was commuted by Supreme Court of India. The mercy petition of five among them was pending for lesser time than Afzal’s clemency was with the Indian president. If Afzal had been alive, it could have saved his life too?
    ZS: Very true. The court which recently delivered its decision with regard to the pendency of mercy petition did not lay down any new law. Whenever a decision is delivered by a court, it means that the law already exists. So when the Supreme Court said that pendency of a mercy petition for a longer time results in commutation of a sentence from death to life imprisonment, that legal view was available to Afzal. So therefore in my opinion, the hanging of Afzal was totally unconstitutional and illegal. If you recall, the court in recent decision has also said that the family members of the convict who is condemned to death should be allowed to meet the convict before he is actually hanged. Now this is not a law laid down for the first time. It already existed there. In case of Guru, this law was violated. Therefore, on both counts, the hanging of Guru was unconstitutional. 
    AM: So if Guru’s execution was unconstitutional, then what are the other options left for seeking justice?
    ZS: If the law has to apologize itself, the law can do that only by compensating the family concerned. The law cannot bring the person who has been hanged to life. Therefore, in my opinion, the only alternative available is that the family members of Guru can claim damages against the state for having unconstitutionally hanged Guru.
    AM: The last option for seeking justice in any case is the court. Afzal’s secret hanging was a miscarriage of justice and brazen violations of Supreme Court guidelines. Does not it push people to adopt violent means to seek justice when justice is openly denied like this?
    ZS: It depends upon the kind of response people will have to it; whether this is an isolated event or this is a series of events. If it is a series of events, than people will be justified in agitating against such kinds of arbitrary action against the state. But in the case of Afzal Guru, it is for the first time, so far as Jammu and Kashmir is concerned, that it came to the notice of the people that he was not allowed to meet his own people and his clemency was pending and before Afzal Guru could take any action against that clemency rejection which was not conveyed to him in time, the state executed him. This action, as I said, is illegal. If you recall the recent decision of Supreme Court, it also provides that at least 14 days’ time should be between the date of rejection of the mercy petition and the date of hanging. In case of Guru, these 14 days were not observed and therefore when we say that his killing is unconstitutional, then this is condemnable act which is resorted to by the government of India by hanging him in contravention of law. Now how can one take it? Whether a person should resort to violence and now assuming it theoretically that people resort to violence, it must result in achieving some objective. The only possible objective can be that such an act should not happen in future because what has happened has happened. Now the Supreme Court having clear cut law on this subject, I would assume such an act would not happen in future. 
    AM: Can we say that he was hanged just because he was a Kashmiri?
    ZS: There can be lot of hypothesis about why Afzal was hanged. One could be that it was done for political reasons. Second could be that it was done at the instance of parties in opposition who were accusing the ruling party for not acting in the matter. Prima facie, it appears that there was something more than that meets the eye; the way the hanging was brought about, the way the matter was rushed through, the way his family members were not informed. Then obviously one can say that there were extra-judicial considerations in the hanging of Afzal Guru.