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Terror legalised in J&K

09 March, 2007

By Mohammad Yousuf Naqash


Occupied Kashmir:The unjustified killings

The right to life precedes every right being inherently precious and priceless. This particular right forms the basis of all other rights. That is why the protection of human life is the priority of all nations and world's apex body United Nation's Organization. But in spite of constitutional guarantees of all nation's universal declaration of human rights and international bill of right in vogue, this particular right continues to be deprived all over the world on one pretext or the other.

Government of India too, though it claims to be the largest democracy, has legalized state sponsored terror in Jammu Kashmir by invoking black and Draconian laws like Disturbed Area Act and Armed Forces Special Powers Act. It's forces include Regular Army Territorial Army and Rashtriya Rifles (Auxiliary Wings of Regular Army), Border Security Force (B.S.F) Central Industrial Security Force (C.I.S.F). Indo-Tibetan border police (I.T.B.P) and Central Reserve Police Force (C.R.P.F). Added to this are the intelligence sleuths like Intelligence bureau (I.B) Central bureau of investigation (C.B.I). Army's International intelligence wing, Army's External Intelligence wing, Research and Analysis wing (R.A.W), locally raised special operations group (S.O.G) state task force (S.T.F), both of state police, state C.I.D, local renegades nick named Ikhwani's. The count touches 8.50 lac and all of them have been given un-limited powers and impunity to frisk, arrest, torture, detain, kill, rape, molest, vilify any person purposely to curb the sentiment of freedom and the movement meant for its realization.

All these identified above are equally responsible for unleashing the infinite state sponsored terror, which continues unabated. The recent revelation of extra judicial killings either in custody or fake encounter is not a story of simply 5 cases, in which dead bodies were exhumed from Ganderbal for DNA testing and handed over to their respective relatives after proper identification. The two DNA tests out of the five sent by the Forensic Laboratory Chandigarh proved that the killed persons were ordinary civilians of Jammu Kashmir and not the foreign militants as claimed by their killers.It is worth mentioning here that so far, the number of people killed since 1990 is estimated to be 90,000, excluding disappeared who are more than ten thousand. Among the killed persons, mostly civilians, are minors, youth, elderly, women, and some combatants who also were done to death through unfair ways in custody or fake encounters in most of the cases.

Those at the helm of affairs in Government have announced 140 probes so far. Besides, first information reports (FIRs) lodged in police stations are countless. Statistics in these probes and FIRs depict allegations against all the above-mentioned uniformed forces. In the cases of those, five exhumed from North Kashmir except the FIR number 133 of December 9, 2006 registered in police station Ganderbal, special operations group of state police and Central Reserve police force have jointly eliminated Abdul Rehman Padru of Laren Kokernag. In FIR number 203 of October 5, 2006 registered in police station Sumbal 13 Rashtriya rifles has killed one Showkat Ahmad Kataria S/O M.Alam Kataria, resident of Doligam, Jabdi banihal who have went missing on October 4, 2006. In the FIR number 52 of March 14-2006 registered in police station Sumbal who had went missing before two days of his killing 24 Rashtriya Rifles has killed Ghulam Nabi Wani. In FIR number 25 of March 8-2006 registered in police station Kangan 24 Rashtriya Rifles are reported to be involved in killing Ali Mohammad Paddar S/O Ghulam Ahmad Paddar R/O Matigawaran-Kokernag who had went missing on March 7, 2006. In FIR 17 of February 17, 2006 registered in police station Ganderbal 5 Rashtriya Rifles is involved in killing Nazir Ahmad Decka R/O Deesu Deksum Kokernag who had went missing on 16 Feb 2006.

All these mentioned above civilians were killed either in custody or in fake encounter and claimed foreign militants. It is pertinent to mention here that these probes announced and the FIR'S lodged have not yielded any result so far in respect of punishing the culprits. After every such unfortunate incident very high claims are made which end up in despair for those who keep waiting for tangible results. Such are the grievances of not only common people but that of courts and State Human Rights Commission who make public the strictures against and disrespect by the Government.

One wonders how both National Conference and peoples Democratic Party rakes up the issue of Human Rights violations by uniformed forces. Is it that their conscience has wake up or for any other reason, which serves their interest of power? The later is the answer given their tilt towards India and anti movement mindset. Actually all those above-mentioned parties not only recognize the accession of Jammu Kashmir with India final, are equally responsible for the death, destruction, and politico-territorial destabilization of Jammu Kashmir.

The National Conference now in opposition though crying loudly in the assembly and beating drums on the streets on the question of Human Rights violations by the forces is very much responsible for legalizing state terror in Jammu Kashmir. It was the National Conference regime government in 1996 under the leadership of Farooq Abdullah, which introduced the uniformed notorious terror force special operations group of State police to add to the persecution and genocide of Jammu Kashmir people in general. The said Chief Minister while sending the political leadership and the activists to outside jails on record said that these leaders and activists should rot and die in jails and I will not allow them to be released. It was he who invoked Prevention of Terrorism ordinance, (P.O.T.O) In Jammu Kashmir before its introduction in any Indian State and adoption in the Indian parliament as Prevention of Terrorism Act (P.O.T.A). If we go through records of Human Rights violations during his period of, you will see it as murderous as the present P.D.P congress led coalition government. Collapse of National Conference in the elections paved the way for the entry of peoples Democratic Party government led by formal Indian Home Minister Mufti Mohammad Syed. Though he won seats on the 10% Votes cast, but on the assurance of ending Human Rights Violations by the forces and disbanding special operations group of State police.

Time proved his tall claims of healing touch only deception. He neither curbed Human Rights violations nor disbanded the S.O.G. Instead, more escalation was witnessed during his period. He even endorsed the continuation of black laws in the state legislature like his predecessor Farooq Abdullah. Actually all the pro-Indian parties and leaders of Jammu Kashmir origin are active for strengthening the illegal occupation and in return get "KURSIES" (chairs of power) and material benefits from Indian establishment. The Sheikh's, Bakhshi's Beigh's, Muftis, Sadiq's, Karra's, Qasim's, , Mufti's, Mir's of the past, are today also playing the nefarious politics of deceiving and exploiting people for the lust of Kursu and material benefits and cannot change their mindset. Their rhetoric of recognising of Jammu Kashmir as disputed, there tactful cries, and breast-beating against human rights violations should not be misconstrued their favor to the mass supported indigenous freedom movement and the concern for human rights of the people. You might have witnessed this rhetoric on their part is the new expression gaining momentum day by day.

There is a reason. All such leaders and parties are preparing the ground for coming assembly elections and working fair and foil to prove success in the race. So one bitter memory should remain in everyone's mind in Jammu Kashmir that all those pro-Indian leaders, activists, are anti freedom movement and killers not the savior. If still then anybody believes that I am wrong in what I have asserted against them, let those presently enjoying the seats of power whether in Government or in opposition and getting other material benefits, be asked to leave the power for the purpose of resolution of dispute and curbing Human Rights violations. They will out rightly deny actually, they are aiding and abetting in Human Rights Violations and discouraging and frustrating the moves aimed at solution of the dispute. They will never resign, let all people are killed, let the dispute continue consuming men and material. The involuntary arrests, enforced disappearances, extra judicial killings and the other Human Rights abuses by the above mentioned occupation forces is a matter of serious concern and anxiety for the people of Jammu Kashmir particularly Muslim majority who has worst suffered and seeks for an immediate end to all this which is not so simple to my comprehension.

This issue being sensitive and major and the situation volatile, demands comprehensive measures in this regard. I suggest people's initiative gear up for mass protests, the engagement, and participation with assertiveness and promptness to serve a clear message that such inhuman acts in future will be resisted tooth and nail. The civil society of India has to be persuaded for a favor in respect of pressuring their Government at Delhi to withdraw Draconian black's laws like Disturbed Area Act and Armed forces special powers act.

The entire territory on both sides needs to be demilitarized simultaneously. Authority for policing should be entrusted to indigenous police. The notorious special operations group should be disbanded. All incentive schemes meant for rewarding money and promotions for rewarding money and promotions for killings what so ever should be discontinued. All those found guilty of violating Human Rights should be punished severely and nobody should be spared. For that matter independent and impartial probing and prosecuting agency should be entrusted the job. All the incidents and cases of human rights abuses should be well documented without exaggeration.

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