Category: Articles
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Gindbassh : Redefining Kashmir
By » [Rameez Makhdoomi]
Recently, Kashmir witnessed a glorious cultural event that showcased the rich legacy of Kashmiri culture , the event ‘Gindbaash’ was held on Saturday , 29th March 2014 and celebrated with great zeal and zest in the convocation complex of Kashmir University.The function which was organized by Markus Kraft in collaboration with K virus Group of artists to provide a platform to young artists of the valley saw impressive participation from people besides a few foreigners audience as well . DC Srinagar Farooq Shah was the chief guest on the occasion. Pertinently, the glorious event attracted one and all. Arshad Mushtaq, a famous theatre artist of the valley was also present. The event featured multiple cultural events viz… skits, dance and singing performances by Valley’s young artists. According to the organizer Aabid Khan the main motive behind holding of the event was to give youth a platform to present their talent before people and after the event rave reviews proved organizers right. The event began with heart touching Sufi song by ‘Firdous and Group’. A local Shikara in the Backdrop of stage enthralled one and all. Via this song audience got greatly excited and offered loud cheers, the group was able to mesmerize them through their soothing voice. This was followed by a satirical poetry recited by GR Raina, a local volunteer participant. His comical poetry made audience hoot and cheer for him even after he left the stage. People were rejuvenated with cheerful looks . The other main highlights of the events were the skits performed by the well-known artists of the valley, Bashir Kotur and Rafiq Sethi. Both the artists with their commendable acting skills sustained the audiences’ interest till the end. Among the audience, foreigners were also seen clapping the performances who were having a leisure time all through the event. Dressed in traditional Kashmiri attire, the anchors of the event Arshad Dar and Irtika were able to interrelate with the audience throughout the event. In addition, prizes were distributed amongst the winners of ‘Kashmiri Proverb Quiz’. The audience was also enthralled by the dance performance of K virus group. The audience offered standing ovation while the group was dancing on famous Kashmiri songs, ‘Rind Posh Mall and ‘Bombro Bombro’. Their dance performance received a thunderous applaud from the audience. In all the performances, the hall echoed with the clapping of the viewers. The event also featured trailers of ‘Kashmir daily’ a film by Hussian khan.Aabid Q Khan, Head of the MARKUS KRAFT and leading event management in or part of the world and a regular participant in famous TV Programme youth forum, and one of the important brains behind the Gindbaash concept undoubtedly proved his mettle and talent via successful conduct of Gindbassh . People are hoping that such events that give exposure to our youth to expose their talent are frequently conducted. -
Memory: when Ashfaq Majid confronted NC leader
Recorded by Seerat Yusra AliAs the group of laborers passed outside, Ashfaq Majid Wani’s eyes followed them. Suddenly, he stood up and marched out of a café in city centre where we were sitting. Minutes later, he walked in with a group of ten laborers and made them sit. All of us looked at him as he ordered tea for them. We were surprised as none of us had money that day. He smiled and asked the present chief of Jammu and Kashmir Liberation Front Mohammad Yasin Malik to rush to his home in Maisuma and fetch money.It was soon after the Operation Blue Star against Sikhs in Punjab had ended that I first met Ashfaq in 1984. We didn’t have much in common except mutual opposition to the Indian rule. A year earlier I had been arrested for the first time when I was a part of a non-violent protest against the government. We were already a group of boys with just stones in our hands and when we met Ashfaq, who was younger than us, we were overwhelmed by his presence and personality. He was educated, religious, had a unique eloquence and his simplicity would bowl any one over. At that time he was not famous, people barely knew who he was. But even as a boy he was respected even by his seniors for his sound character.After our first meeting with him, we met often whenever protests were organized. Days ahead of the Indian Independence Day or Republic Day, government would arrest us. Jails were our homes. As awkward teenagers dissent gave meaning to our lives.Two years later, Ashfaq was instrumental in forming a student group— Islamic Students League. His ability to lead is unparalleled. He seemed from some another world. He was extremely modest even though he belonged to a rich family. In his home one would find the latest gadgets and facilities, but he was never inclined to worldly things and always appeared like a man from street. He would never miss prayers.In the same year the student group that I had also become a part of organized an Eid-Milad March in Srinagar, but the government banned it. We were picked up during raids, badly tortured, beaten and injured. But we didn’t give up.Next year came the state election. Although the student group strongly opposed elections as our basic demand was to form a free country, we were approached by Mohammad Yusuf Shah, the present chief of United Jehad Council, who was contesting from Srinagar as a Muslim United Front candidate. But we plainly refused to support any political group which was in the election fray. During one such meeting, Shah said his organization was also supporting the struggle to forma an separate nation and wanted to form a government in the state and pass a new resolution in the Assembly. So we called a meeting, where Ashfaq was also present, and came to a resolution that we will support the individuals but not the party.We took part in Shah’s campaigns and on the voting day Ashfaq was assigned a polling agent’s role at the Dayanand Anglo-Vedic (DAV) school booth in Jawahar Nagar. His job was to patrol and see the votes were being cast in a fair manner.On that day we were informed that fake votes were being cast by National Conference workers at the Presentation Convent School polling booth. Therefore, we went there only to find that our polling agent had been tied up with ropes. The security did not let anyone in but only the candidate. Therefore, Shah went in and was badly beaten up by the National Conference agents.The National Conference workers had locked the polling booth and were casting fake votes and when Shah was beaten Ashfaq decided to barge inside. A clash ensued.Shah had managed majority votes but instead NC candidate Mohi-ud-din Shah was declared victorious. Many among us, including Ashfaq, were arrested but some like me went underground. Probably a month later, Ashfaq family secured a bail for him as his uncle was to get married.I bear witness to what Ashfaq told Mohi-ud-din Shah who attended his uncle’s marriage. Mohi-ud-din Shah told Ashfaq: now that I have released you, don’t ever protest again. I remember, Ashfaq replied: “You did a great mistake that you released me. You will always regret this.” Next day Ashfaq jumped parole and Kashmir changed for ever.
(Aftab Ahmed Dar, a former Maisuma resident, is a businessman) -
Do we really care about Farhat?
Death by killing no longer seems to be ahumanitarian reality; it is asymbolic factBy » [Haseeb A Drabu]In death we lose, in life we lose. In victory we lose, in defeat we lose. In action we lose, in inaction we lose. In status quo we lose, in change we lose. In war we lose, in peace we lose. In participation we lose, in boycott we lose. In summer we lose, in winter we lose.The security forces kill us at will. Brutal. The Union Government defends this “ teenocide”. Ruthless.The State Government rationalizes it. Treacherous.Oppositions make capital out of it. Conscienceless Secessionists glorify it. Heartless.Now we are at a loss to understand what is happening in and around us. This is a loss greater than all the others put together.Farhat, a young lad, is killed. His is another name. Another statistic. Another event. One cannot but get enraged. And feel the impotence of not being able to do anything about these daily slaughters that take place in some part of Kashmir or the other.How can it be that such deaths fail to dumbfound us anymore? How come it doesn’t churn our stomach and turn our lives upside down? It doesn’t because we now seem to have lost the sense of the real. “ Humanity”, as Baudelaire wrote, “ has been lost in a forest of symbols”. In the surreal sphere of symbols, the death of Fayaz, Wamiq, Zahoor and hundreds of other boys get wrapped in coffins of symbols.The death by killing of our youth is no longer a humanitarian matter; it is a political issue. Indeed, death has lost it real significance and has gained symbolic connotations. The tragedy of death has been subsumed by its symbolic representations.For the security forces, death of a youth is quashing the symbol of dissent and defiance. The future trouble makers, if not the prospective terrorist. For the Indian civil society, it is the symbol of getting even with the “ agitational terrorists”, or are they “ cheering seditionists” now! For the mainstream political parties it is a symbolic reminder that AFSPA – the only reason for these deaths – should be repealed. For the separatists, it is a symbol of sacrifice at the altar of freedom and the nationhood that they haven’t even thought through in any detail.For the man on the street this death is a symbol of the powerlessness of this government. For the family, death is an irreparable loss and end of the world.Of course, one understands that there are consequences to resistance: loss of social position, loss of wealth, loss of life. But it has gone beyond that. For every such tragic death has now begun to represents life for the vendors of ideologies and peddlers of solutions.This is why the death of a man condemned to capital punishment, though infinitely rarer than that on the streets, draws out our passions, emotions and attention on a much larger scale and intensity.Of course, we are confounded by the audacity of the “ just” system to do what was done. But more importantly, he was a symbol. Afzal Guru had come to symbolize every value and aspiration that we all stand for. So his murder symbolized the murder of our “ aspirations”, and our “ issue”. In generic terms, our resistance.On the obverse, they made an example out of Afzal Guru, a symbol, of what happens when someone challenges the sovereignty of India. In all this, the facts got lost somewhere in ocean of India’s collective conscience.Why do you think stone pelting boys were mowed down by bullets on the streets? The throwing of a stone generated a reaction to kill simply because the act of stone pelting symbolized an existential threat to the “ sovereign”. If it was pelting stones yesterday, any non- violent and harmless act tomorrow will provoke the same reaction! The point is that the reaction to a stone is a bullet not because the stone is dangerous or that it can kill but because the act symbolizes defiance. In all the deaths, political defiance is the common thread. Ironically, all these little boys straddling the streets are not political; they are boys who hold strong personal beliefs that have political implications.The cycle of death, deprivations and disaster is now becoming an end in itself. This state of affairs has created its own language, its own history, its own aesthetics, and its own moral code which is at variance to our inherited and evolved ethnic identity.This is bringing forth a very serious shift in our politics: from a very specific ethno- national politics of identity to a much more generic politics of ideologies.A shift that is impoverishing politics not only by undermining critical public reasoning but also by negating the very raison de’tre of the collective struggle and suffering for the last twenty five years.All this is happening at time rather crucial transitioning time. It is not adequately recognized that the current generation has grown under vastly differing circumstances than those who have led the struggle.The new generation has grown up in, and with, oppression and occupational siege. Their notions of ethnicity are very different; they relate to Kashmir differently and so too to India and Pakistan.It would now seem that the only unifying force today is the opposition to the oppressor and its oppression. The incessant self- ironizing is a dominant factor in establishing a connection between the people and the situation that they are in.If indeed, this is so, then it serves to explain the reason for the pervasive cynicism, sense of despair and hopelessness. No wonder then, resistance is getting articulated and depicted through protests that are necessarily short- lived.
There has to be, as was in the beginning of the movement, a positive, proactive and assertive element to the resistance. In other words, we need to stand “ for” something; a state position, even if an idealized one. It is this positive element that is missing.We are at an international crossroad, and yet we have developed the isolationist reflexes. We have been engaged in an ethnic- national movement but are shy of showing solidarity with others involved in the same struggle. We have our own models of accommodations and internal assimilation that are so novel and non- intrusive that these can become global models, yet we remain insular. We can create a vibrant modern economic system yet live in autarchy.We have wasted many youths, years, and yearnings.Let us not waste any more. This is not an adventure to pursue for a few years to get into government. It is a commitment to a cause.I BACK TO BASICS HASEEB A DRABU -
WHY PATHRIBAL WAS A TEST CASE FOR INDIA
By » [Dr Sheikh Showket hussain]Under the Armed Forces Special Powers Act (AFSPA), a member of the armed forces can’t be subjected to a legal action unless permission for the same is secured from the Central government. There exists similar provisions in various laws which exclude judicial intervention in some administrative actions.The laws, however, have been interpreted to confer immunity upon only those Acts which are done in accordance with a particular legislation and remain covered by it.
A member of security agencies according to this interpretation remains protected as long as his action concerns the security of the state. If he on the other hand indulges in rape or extra-judicial killing of innocents irrespective of their none-involvement in any sort of security related activity.Such actions ought not to be protected — this was the plea taken by Central Bureau of Investigation (CBI) when it approached Supreme Court on Pathribal killings.
The plea was simple, since the action of the security men was not anyhow related to security of the state they didn’t enjoy the protection of AFSPA should be tried by an ordinary criminal court.
The Supreme Court of India didn’t accept plea of the CBI and gave the desecration to army to deal with the act of the deviant soldiers through court martial. Army while referring the case to court martial gave the impression that its adjudicating mechanism is prompt and sufficient to take care of abuses of human rights by the soldiers.
The court-martial remains a procedure associated with army. Expecting justice from it remains an illusion as no institution or individual can be judge of his own cause, according to the basic principles of natural justice.
What was expected, turned out to be true when army recently closed the court martial against its soldiers on the pretext of insufficiency of evidence.
Decision of the army to close the court martial has invoked widespread condemnation across Kashmir and beyond.
While in Kashmir those who condemned the decision included even members of leaders of pro-Indian parties as well. Internationally, human rights groups like Amnesty International also expressed dismay on the outcome of the so-called court martial.
People genuinely ask if this can be the fate of a procedure to which CBI was a party, what can be the outcome of those complaints which are single-handedly followed by the victims of the Human Rights abuses.
Another equally important issue that is raised pertains to the level of defiance depicted by army in winding up the proceedings of an authentic and genuine case of Human Rights abuses.
CBI got involved in the case only after Pandiyan Commission established by the state government had acknowledged the abuses of the human rights and innocence of those killed.
The case was not an ordinary incident. It was an incident that occurred during the visit of the U.S. president, Bill Clinton to India. The incident attracted a lot of media coverage across the globe and even Bill Clinton conceded that killings in vicinity of Islamabad town had occurred because of his visit.
As a damage controlling exercise, it is now conveyed that the findings of the court martial can be challenged.
But the fact remains that there is no provision of appeal against the finding and sentence of a court martial. The Air Force Act, Section 161, states that an individual who considers wronged by the order of a court martial may present a petition to the convening authority before the confirmation of the sentence. After confirmation, the petition may be submitted to the Chief of the Air Staff or the Central government.
This remedy is illusory. There is no right to appeal against the order of the court martial. Article 136(2) of the Constitution stipulates that the Supreme Court Article 227 (4) for High Courts can’t give special leave to appeal against any judgment determination or sentence of a military court or tribunal.
The Supreme Court, in the case of Union of India v. Himmat Singh Chahar 1994 (4) SCC 521, has made it clear that the High Court under Article 226 of the Constitution can exercise the power of judicial review over the court martial in a limited way only in cases where there has been infraction of any mandatory provisions of the Act which has caused gross miscarriage of justice; or there has been violation of principles of natural justice; or there has been a lack of jurisdiction.
It is obvious, that the power of judicial review under Articles 32 and 226 in context of military personnel is limited.
Widespread disillusion with the remedial mechanism exiting under Indian legal system has made people to raise voices for an international war crime tribunal. A demand that has been consistently made in the past and again reaffirmed by several Kashmiri leaders after winding up of the court martial proceedings in Pathribal case.
(Dr Shiekh Showkat Hussain is a expert of law and teaches at the Central University, Kashmir.)
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Enforced Disappearances
Ten parents died without having a glimpse of their loved onesSrinagar: Amid rains and chill, Association of Parents of Disappeared Persons (APDP) staged a protest at Pratap Park Srinagar on Monday. The association said that all but 10 parents from past couple of years breathed their last without having a glimpse of their loved ones who were subjected to enforced disappearance in the State of Jammu and Kashmir.The Association said that Hussina Begam who passed away recently with the hope that she could have a glimpse of his son, Anwar Shah, was picked up and subject to enforced disappearance by the Indian Security forces on July 21, 2000 in Srinagar.“At the time of his disappearance he was working as a painter. Hussina Begum, along with the half widow and daughter of his disappeared son, struggled for thirteen years to know the whereabouts of his son before she passed away.”“Mehtaba Begum of Karihama, Kupwara met the similar fate. She passed away during her struggle to know the whereabouts of her son, Mohammad Yaqub Khan, who was labor by profession and was picked up by the 76 and 56 Battalion of Border Security Forces in a crackdown at his native village on 14th October 1990 and was subsequently subjected to enforced disappearance,” the Association said.According to CNS, APDP said that Ghulam Muhammad Bhat, father of Shabir Hussain Bhat, a resident of Chattabal, Srinagar, passed away on 7th January this year. “Shabir was picked up by 21 Battalion Border Security Forces from Bemina, Srinagar. Another parent, Abdul Ahad Sofi of Daribal, Naid Kadal, Srinagar have passed away in the year 2012. His son, Bashir Ahmad Sofi, was picked up by the 61 Battalion of Border Security Forces on 17th June 2003 from his home, in front of his family.”“Misra Begum of Boatman colony, Bemina also passed away during her struggle to know the whereabouts of her son, Shabir Hussain Gassi, who was picked up by 6 Rashtriya Rifles of the Indian Army from his home on 21st January 2000. Similarly, Hameeda Parveen, mother of Abid Hussain Dar, died in the year 2012. Abid was a student at the time of his arrest and subsequent disappearance by the army personal of 15 JAKLI.Zoona Begum, mother of Imtiyaz Ahmad Wani of Rajbagh passed away in the 2011. Her son got disappeared on 15th of May 1996 after he was picked up by BSF and STF from his home. Imtiyaz was a government employee, working as Forester in J&K Forest Department.”Muhammad Jamal Bhat of Kupwara passed away in the year 2012. His son Ghulam Hassan Bhat was disappeared on 25th January 1992. Wali Mohammad of Hanjiwara, Baramulla also died in his struggle to know the whereabouts of his disappeared son.”APDP said that Haleema Begum of Batamaloo, has recently joined the list of the parents who died waiting for the justice. She passed away on 26 February 2013 without realizing the wish to see her beloved son. The struggle she had started, to know the whereabouts of her son, along with her husband has met a tragic end. Her husband, Muhammmad Amin Shah, have already met the similar fate in their struggle. Her son, Basharat Ahamad Shah, who was a student of Aligarh Muslim University, was picked up by CRPF in Sopore on 12th October 1990 and subjected to enforced disappearance.”“The Association of Parents of Disappeared Persons (APDP) commiserates the death of all the parents who have passes away in their struggle to know the whereabouts of their loved ones and pledges to take their struggle to its logical end.The Association of Parents of Disappeared Persons strongly demands that the impunity being provided to the Indian Security Forces, under the draconian law AFSPA, be immediately revoked, besides making them accountable for all the gross human rights violations they commit. The impunity, on one hand, gives free hand to the Indian Security Forces to kill, Disappear, Torture and rape the innocent people, and, on the other hand, the lack of accountability is used to suppress the people and to deny justice to them, besides giving arduous lives and agonizing death to the parents of the of victims of enforced disappearances.” (CNS) -
Worn Out Slippers of Supreme Leader Of Iran
Worn-out slippers of the Leader of a country with the 3rd highest proven oil reserves and 2nd proven gas reserves in the worldBy » [Waseem Raza]In the recent meetings of the Leader of the Islamic Revolution, Ayatullah Sayyid Ali Khameine, and members of the Assembly of Experts, we saw the worn-out slippers of the great Leader.Worn-out slippers of the Leader of a country with the 3rd highest proven oil reserves and 2nd proven gas reserves in the world!I felt guilty and shamed of myself because all my shoes and slippers are far better than that. Intact I do not wear worn-out slippers, slippers are replaced before they get worn-out.When I saw those worn-out slippers of the Leader, I asked myself this question ‘Am I a true follower of the Leader’?That is a lesson to all of us, we should take this world lightly and concentrate on issues that are more important, issues like elevating the plight of the poor no matter how little.It was reported in history that Imam Ali(as) when he was the Amir ul-Mu’mineen used to mend his shoes with his own hands, and today he is the greatest role-model after the Prophet(sa) for all those who seek guidance.The above incidence also reminded me of another incident involving Ayatullah Khameine in 1989 when he was appointed to replace the late Imam Khomeini(rd). Then the frame of the glasses he was using was made of silver, when he was appointed as the Leader of the Islamic Revolution he changed that frame to an ordinary one and gave the silver frame in charity.Its truly a honor to have lived as a contemporary and a follower to such a Leader. -
Kashmir: Begging an Organized Mafia
Umer bin Mohammad Kashmir DispatchIn the early dawn of Friday a beggar wakes me up by knocking the window of my room. To my surprise a robust and fair lad was begging. It perturbed me when I saw a young lad, whom Almighty had bestowed with best of health and body, is begging in front of humans.Now if you have a cursory look on your concerned streets, they reveal an agitating phenomenon-an engulfing rise in the population of beggars. Has my land become beggar’s paradise. So visible and commonly sighted are they. Whenever we move outside, on the streets, in the markets to buy goods, beggars are seen everywhere. Gone are the days when begging was reserved for persons who where unable to do any other work. Today young and able-bodied are seen begging.Today begging has become an organized mafia. Beggars catch you in streets, buses, trains, bazaars, and mostly in worship places. Unfortunately, in our Valley giving money to beggars is believed to be a part of religion. This so called charity leads to many vices. The fact is that street begging is gradually becoming a menace to our society. Muslim men are not supposed to beg unless driven to extreme.We are also responsible for this overwhelming rise of beggars by giving money to able-bodied persons. Robust and able-bodied beggars should be made to work. Disabled, crippled and the blind beggars who have no other option but to beg; however, should be maintained at the state expense. Not only should begging be declared illegal but public must be made aware of this menace. -
After 23 years Kunan-Poshpora Still Waits for Justice
Justice Delayed is Justice Denied
The Kunan Poshspora incident occurred on February 23, 1991, when units of the Indian army launched a search and interrogation operation in the village of Kunan Poshpora, located in Kashmir’s remote Kupwara District. At least 53 women were allegedly gang raped by soldiers that night. However, Human Rights organizations including Human Rights Watch have reported that the number of raped women could be as high as 100.
Although the Indian government′s investigations into the incident rejected the allegations as “baseless, international human rights organizations have expressed serious doubts about the integrity of these investigations and the manner in which they were conducted, stating that the Indian government launched a “campaign to acquit the army of charges of human rights violations and discredit those who brought the charges.Following the district magistrate’s report, increased publicity about the incident led to strong denials from Indian military officials. On March 17, Mufti Baha-ud-Din Farooqi, Chief Justice of the High Court of Jammu and Kashmir, led a fact-finding mission to Kunan Poshpora. Over the course of his investigation, he interviewed fifty-three women who claimed to have been raped by the soldiers, and tried to determine why a police investigation into the incident had never taken place. According to his report, villagers claimed that a police investigation into the event had never commenced because the officer assigned to the case, Assistant Superintendent Dilbaugh Singh, was on leave. Farooqi later stated that in his 43 years on the bench he “had never seen a case in which normal investigative procedures were ignored as they were in this one.” Just a few months later, in July, 1991, Dilbaugh Singh was transferred to another station without ever having started the investigation.
On March 18, divisional commissioner Wajahat Habibullah visited the village, and filed a confidential report, parts of which were later released to the public. He concluded:
“While the veracity of the complaint is highly doubtful, it still needs to be determined why such complaint was made at all. The people of the village are simple folk and by the Army’s own admission have been generally helpful and even careful of security of the Army’s officers… Unlike Brig. Sharma I found many of the village women genuinely angry … It is recommended that the level of investigation be upgraded to that of a gazetted police officer.The team interviewed hospital officials who stated that one of the women who had been pregnant at the time of the incident had given birth to a child with a fractured arm just 4 days afterwards. She claimed that she had been kicked during the rapes; a pediatrician who visited the village as part of the Jammu and Kashmir People’s Basic Rights Committee, confirmed her story. The Press Council team claimed that the fetus had been injured during delivery. Medical examinations conducted on 32 of the women between March 15 and 21, nearly one month after the incident, confirmed that the women had wounds on their chests and abdomens, and that the hymens of three of the unmarried women had been torn. The team claimed that “such a delayed medical examination proves nothing” and that the medical findings were typical among villagers.
The United States Department of State, in its 1992 report on international human rights, rejected the Indian government’s conclusion, and determined that there was “was credible evidence to support charges that an elite army unit engaged in mass rape in the Kashmiri village of Kunan Poshpora.” Outraged over the government’s handling of the situation, divisional commissioner Wajahat Habibullah immediately resigned, and asked for early retirement from the Indian Administrative Service.
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Remembering Nadeem Khateeb
On February 27, 1999, Nadeem Khateeb’s family learned he was dead. A report published in the March of that year says his family received a call from London informing the Khateebs about his death during a gunfight. “Your son and two other mujahideen have been martyred in Udhampur,” the caller said.
On February 21, Khateeb was shot dead at Buthal village on the Gool heights of Udhampur district. All that Khateeb’s family has been able to learn is that their son was only recently asked to return to India by his organization.
His wealthy Srinagar family had had no inkling of their son having become a militant. The son of a retired Chief Engineer, Khateeb had been living in the United States, working as a well-paid flight instructor in a Georgia school where he had obtained his commercial pilot’s license in 1995.
Khateeb was a graduate in geology, geography and economics. In 1994 he attended a flight training school in Georgia and joined the same school as a staff flying instructor.At an age of 30 he left his dream life in the US as a professional, from the runways of US, and chose to take another path by foot. Khateeb friends describe as a person “who watched from the sidelines” as protests raged in his motherland Kashmir.
One of his closest friends, Ishfaq Majeed Wani, grew up to be a commander of the resistance group Jammu Kashmir Liberation Front one of the many resistance organizations who challenged Indian rule. While Ishfaq spearheaded the militant rebellion against India, Khatteb never talked about joining the ranks of the militants, says his father.
Engaged to a girl who was his relative, he was reluctant to marry, nobody knew why, maybe he was trying to focus on his career but his leaving the US to take up the armed struggle explains it all, he says.
After being in the US for many years, a close friend explains it thus: ‘‘He used to brood a lot on the US exploitation of the Muslim countries. He said that after being in the US for so many years, his eyes had finally opened”.
Khateeb had joined the militant group Al-Badr for arms training in Kashmir, before crossing the Line of Control. “He would call us and tell us he was fine. How would we know where he was calling from? We thought he was in the US,” his father says.
His mother says, “I have no regrets. I have absolute faith that my son was a martyr and is thus alive.”
“Whenever I am alone, I feel his presence. When I stand up on the prayer mat, I feel him next to me. He was always his mother’s boy,” she says.The Biscoe School boy was the first non-resident Kashmir person to have returned to fight the Indian rule in the state.
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Kotebalwal jail document
Bilal Ahmad Wani, treasurer and comprising advocates Shabir Ahmad Bhat, Mudasar Gulzar and Tufail Qadri, left on November 13 from Srinagar to visit the detainees in Rajouri and Poonch. And the other teams left visited district jail Kathua, district jail Amphalla Jammu, Central Jail Kotbalwal Jammu, district jail Udhampur, sub jail Hira Nagar and district jail Kishtwar.Kotebalwal jail
Asgar Ali son of Charagdil resident Jandwala Bawalpora tehsil Mandi, Mandi Azman House No. Chak 7 Pakistan stated that he has been arrested in the year 2002 and his trial was going on and finally has been convicted under Foreigners Act, 3/6 Indian Passport Act. His period of conviction has expired and has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-1099-2013 dated 16.08.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 13 years.
Mohammad Sageer son of Saad Mohammad resident of Manatar district Kotely POK stated that he has been arrested in the year 2002 and his trial was going on and finally has been convicted under Foreigners Act, 3/6 Indian Passport Act. His period of conviction has expired and has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-1372-2013 dated 25.10.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 13 years.
Asif Khan son of Mohammad Sharif Khan resident of Chak Rawalakote POK stated that he has been arrested in the year 2002 and his trial was going on and finally has been convicted under Foreigners Act, 3/6 Indian Passport Act. His period of conviction has expired and has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-1294-2013 dated 01.10.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 13 years.
Ghulam Nabi Shah son of Fazal Din resident of Pulwal Sialkote Pakistan stated that he was initially arrested in the year 1995 at Jammu on 25.10.1995 in FIR No. 261/1991 and was also shown arrested in FIR No. 120/1991 police Station Pacca Danga under section 3 E.A.O. 14 Foreigners Act, 7/25 Indian Arms Act, 3/6 Indian Passport Act and finally charge sheet was filed against him on 12.11.1991 in FIR No. 261/1991 and he was acquitted in the offence under 3 E.A.O. Act, 14 Foreigners act, 3/6 IPA but was convicted under 7/25 I.A. Act on 17.09.2007 and was imprisoned for seven years and fine of Rs. 20,000/-, however, he has spent 12 years in the jail. He further stated that he was involved in FIR No. 12/1995 dated 26.01.1995 of Police Station Nawabagh Jammu and was shown to have been arrested in the said FIR on 26.01.1995 and this case was transferred to the CBI on 31.01.1995 under section 3/4 TADA (P) Act 87, 8/5 EA, 302, 307 34 RPC and the Chargesheet was filed by the CBI on 28.09.1995 before the Special Court and the special court acquitted him on the ground that he was acquitted by the Pr. Sessions Judge Jammu in FIR No. 261/1995 on 17.09.2007 and sentenced under 7/25 I.A. Act therefore, he cannot be tried twice for the same offence. He stated that he has not been deported back to his native country when he has completed the period of sentence i.e., 7 years and is languishing in the Kotebalwal Jail for the last 12 years. He stated that he has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-977/2013 dated 18.07.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail since then. He stated that he has filed HCP bearing no. 46/2012 before the Hon’ble high Court of J&K and the Hon’ble court vide order dated 03.07.2012 has directed the respondents to take necessary steps for deportation of the petitioner to his native country as per the law, preferably within three months from the date the copy of the order is served upon them. He stated that the order passed by the Hon’ble court was served upon the respondents but no steps have been taken by the respondents till date, but he has been subjected to the illegal detention by the Govt. by passing the order of detention under PSA.
Babar Naseem son of Hamid-ur-Rehman resident of Barmala Kund Timgah Swath Pakistan stated that he has been arrested in the year 2009 in FIR No. 18/2009 police station Lalpora under offence 7/25 I.A. Act, 2/3 E & IMCO Act. He has been acquitted in the said FIR by the court of PDJ Kupwara on 11.05.2012 and the Hon’ble court has directed the Govt. that he shall be sent back to his native country and the Govt. shall take necessary steps in this regard. But instead of sending him back to his native land he has been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to his native century are made whichever is earlier vide Govt. order no. Home/PB-V-699/2013 dated 23.05.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 04 years.
Mohammad Shafaqat shah son of Mohammad Liyaqat Shah resident of Sahiwal Punjab Pakistan; Mohammad Adnan Malik, S/o Mohammad Ashraf Malik resident of Sahiwal Punjab Pakistan stated that they have been arrested in the year 2009 in FIR No. 51/2009 police station Trehgam under offence 7/25 I.A. Act, 2/3 E & IMCO Act. They have been acquitted in the said FIR by the court of PDJ Kupwara on 11.05.2012 and the Hon’ble court has directed the Govt. that they shall be sent back to his native country and the Govt. shall take necessary steps in this regard. Against the said order acquittal appeal has been filed by the respondents which also came to be dismissed on 09.05.2013. But instead of sending them back to their native land they have been detained under protected custody by the Govt. under PSA for six months or till the arrangement for his deputation by the Govt. to their native century are made whichever is earlier vide Govt. order no. Home/PB-V-1440/2013 dated 08.11.2013 and has been kept in Kotebalwal Jail but no efforts have been made by the Govt. for deputation to his native country and is languishing in the jail for the last more than 04 years.
Prepared by Mohammad Ashraf Bhat,
General Secretary J&K High Court
Bar Association Srinagar