Kashmir Media Watch
Kashmir politics is no more mission driven. It has degenerated into an unfortunate dull reflex on the happening of an event. The disturbing feature of this event driven political luxury is that the present surge of our leaders beguiles itself by a false belief that a shutdown of Kashmiri market, loss of an academic session, a token hunger strike in Kashmir or a people’s march would in any way hurt India, move the people any closer to Azadi (if not self determination) or bring any relief to any household affected in the last 20 years. Our leaders have found it more profitable to remain divided and go solo in their desire to pressure India or Pakistan and receive ineffective members of foreign missions. These foreigners are used as second cadre intelligence gathering mechanism. Some of our leaders are free to take part in political activities as uncomfortable as those for which some are taken out of circulation and incarcerated. Kashmir politics has turned into a jigsaw puzzle. It has rewarded some beyond belief and disadvantaged the majority beyond repair.
It is a shame for any decent human being in Kashmir or abroad to note that the Machil killings (fake encounter) start at home. The heinous crime was part engineered by local Kashmiris and the desire to earn more and more drove them to sin. It is encouraging to note that PDP President has written a letter to chief minister seeking the convening of a “special session of Assembly to discuss the grave situation caused by unabated Human Rights violation”. Her statement that “Young men are being sold and purchased for outright slaughter and their own elected government seems blissfully engaged in games of survival and comforts of power”, is a formal FIR against the government elected to protect the life of all citizens.
Mehbooba Mufti prima facie has made a strong case in public interest. However, it is important to test the subterranean of this concern and find out the ratio of self serving politics in the aggregate of this public interest. One has to remain fully mindful of the fact that the present practice of “make their blood completely worthless” is a hand over of PDP government. The two political parties have their respective roles in the “staged murder of young men”. Omar Abdullah and Mehbooba Mufti accrue a criminal liability and have a case to answer.
PDP if serious in its case for public interest should look beyond petty politics and go for all possible remedies. It has financial resources and enormous public backing to seek a proper relief in regard to “unabated Human Rights violation”. Heavens would not fall if PDP attempts political honesty and summons courage in the interests of the people and generates a debate on the discipline enshrined in the bilateral agreement with India (Instrument of Accession) which has granted admission to Indian army in the State and which sets out limits on its role in Kashmir.
Indian army has been temporarily admitted into Kashmir to protect ‘life’, ‘honour’ and ‘property’ of the people. It is in Kashmir as a supplement to assist the Kashmir government and remains sub-ordinate to the State government. PDP as a party duly represented in the J & K Legislature has a right to raise the question of army acting outside the discipline of agreement in the assembly. It has a right to raise the
matter directly with the government of India or seek a review in the Supreme Court of India. Reaching out to Pakistan and UN are other extreme options as well.
Unfortunately one finds that PDP is also tempted to play to the gallery and act in reference to Pakistan or India-Pakistan dialogue. Dialogue or no dialogue should not be the aching concern of NC or PDP. The two parties should remain on the side of the best interests of their people and force India and Pakistan to discharge their respective national and international commitments for the welfare of Kashmiri people and continue to gradually assert the title of the people to self-determination.
Mehbooba Mufti has admitted, “AFSPA has unfortunately become a tool of oppression in the state. We as representatives of the people owe it to them to get this repealed. Unless we join hands to do that I am afraid it could never be off the statute books. The democratic system of the country gives that power to us and the people expect us to use that power for the safety of their life, dignity and honors.”
PDP president has got the understanding of her political arithmetic wrong in her statement. She has been elected to represent the people of Jammu and Kashmir and has taken oath under the Constitution of Jammu and Kashmir and therefore her reference to the “democratic system of the country” is a misdirected wisdom. It is an extra jurisdictional and extra Constitutional lunge. She has a legislative legitimacy in reference to people and the Constitution of Jammu and Kashmir. Such statements are no more than a political extravagance and a waste of time.
NC and PDP in particular and Congress, CPI-M and other political parties in general need to warn the government of India that violation of human rights shall have a serious implication for its army officers and the political hierarchy incharge of armed forces during their future travel abroad. They are likely to be arrested under an international jurisdiction for any abuse of human rights. PDP president’s letter would be a sufficient cause to initiate such proceedings in any capital of the world. Chief Minister as part of the joint command also remains exposed to such an action during his future travel abroad.
PDP president does not seem to have all her political sums correct. On the one hand she wants to act in the “best traditions of democracy”, act in the “interests of our people and the rightness of our cause” and at the same time seems unsure of the abilities of J & K Legislature and wants to earn a “sympathetic response to it from rest of the country”. It is a characteristic double thinking or double play of all Kashmiri political parties. If PDP is convinced that it has a case to take to the special session of the Assembly it could at the same time take the issue of the failure of government of India in the discharge of the terms of the bilateral agreement with the government of Jammu and Kashmir to the Supreme Court of India.
PDP could at the same time express that it reserves its right to invoke the role of the government of Pakistan as a party to the dispute (in line with article 4 of the J and K Constitution) and the duty of the UN under its UN mechanism on Kashmir. J & K government has accepted a role under the UNCIP resolutions. The choice of remedies has to be made with extreme care because priorities in Pakistan have changed and there is more interest in the waters flowing out of Kashmir and less regard for the over spill of Kashmiri blood. As local Kashmiris have part co-operated in Machil fake encounter on the Indian side, Pakistan too has recruited Kashmiris who in the process of making more and more money continue to kill the Rights Movement.
Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations. Email dr-nazirgilani@jkchr.com
Kashmir politics is no more mission driven. It has degenerated into an unfortunate dull reflex on the happening of an event. The disturbing feature of this event driven political luxury is that the present surge of our leaders beguiles itself by a false belief that a shutdown of Kashmiri market, loss of an academic session, a token hunger strike in Kashmir or a people’s march would in any way hurt India, move the people any closer to Azadi (if not self determination) or bring any relief to any household affected in the last 20 years. Our leaders have found it more profitable to remain divided and go solo in their desire to pressure India or Pakistan and receive ineffective members of foreign missions. These foreigners are used as second cadre intelligence gathering mechanism. Some of our leaders are free to take part in political activities as uncomfortable as those for which some are taken out of circulation and incarcerated. Kashmir politics has turned into a jigsaw puzzle. It has rewarded some beyond belief and disadvantaged the majority beyond repair.
It is a shame for any decent human being in Kashmir or abroad to note that the Machil killings (fake encounter) start at home. The heinous crime was part engineered by local Kashmiris and the desire to earn more and more drove them to sin. It is encouraging to note that PDP President has written a letter to chief minister seeking the convening of a “special session of Assembly to discuss the grave situation caused by unabated Human Rights violation”. Her statement that “Young men are being sold and purchased for outright slaughter and their own elected government seems blissfully engaged in games of survival and comforts of power”, is a formal FIR against the government elected to protect the life of all citizens.
Mehbooba Mufti prima facie has made a strong case in public interest. However, it is important to test the subterranean of this concern and find out the ratio of self serving politics in the aggregate of this public interest. One has to remain fully mindful of the fact that the present practice of “make their blood completely worthless” is a hand over of PDP government. The two political parties have their respective roles in the “staged murder of young men”. Omar Abdullah and Mehbooba Mufti accrue a criminal liability and have a case to answer.
PDP if serious in its case for public interest should look beyond petty politics and go for all possible remedies. It has financial resources and enormous public backing to seek a proper relief in regard to “unabated Human Rights violation”. Heavens would not fall if PDP attempts political honesty and summons courage in the interests of the people and generates a debate on the discipline enshrined in the bilateral agreement with India (Instrument of Accession) which has granted admission to Indian army in the State and which sets out limits on its role in Kashmir.
Indian army has been temporarily admitted into Kashmir to protect ‘life’, ‘honour’ and ‘property’ of the people. It is in Kashmir as a supplement to assist the Kashmir government and remains sub-ordinate to the State government. PDP as a party duly represented in the J & K Legislature has a right to raise the question of army acting outside the discipline of agreement in the assembly. It has a right to raise the
matter directly with the government of India or seek a review in the Supreme Court of India. Reaching out to Pakistan and UN are other extreme options as well.
Unfortunately one finds that PDP is also tempted to play to the gallery and act in reference to Pakistan or India-Pakistan dialogue. Dialogue or no dialogue should not be the aching concern of NC or PDP. The two parties should remain on the side of the best interests of their people and force India and Pakistan to discharge their respective national and international commitments for the welfare of Kashmiri people and continue to gradually assert the title of the people to self-determination.
Mehbooba Mufti has admitted, “AFSPA has unfortunately become a tool of oppression in the state. We as representatives of the people owe it to them to get this repealed. Unless we join hands to do that I am afraid it could never be off the statute books. The democratic system of the country gives that power to us and the people expect us to use that power for the safety of their life, dignity and honors.”
PDP president has got the understanding of her political arithmetic wrong in her statement. She has been elected to represent the people of Jammu and Kashmir and has taken oath under the Constitution of Jammu and Kashmir and therefore her reference to the “democratic system of the country” is a misdirected wisdom. It is an extra jurisdictional and extra Constitutional lunge. She has a legislative legitimacy in reference to people and the Constitution of Jammu and Kashmir. Such statements are no more than a political extravagance and a waste of time.
NC and PDP in particular and Congress, CPI-M and other political parties in general need to warn the government of India that violation of human rights shall have a serious implication for its army officers and the political hierarchy incharge of armed forces during their future travel abroad. They are likely to be arrested under an international jurisdiction for any abuse of human rights. PDP president’s letter would be a sufficient cause to initiate such proceedings in any capital of the world. Chief Minister as part of the joint command also remains exposed to such an action during his future travel abroad.
PDP president does not seem to have all her political sums correct. On the one hand she wants to act in the “best traditions of democracy”, act in the “interests of our people and the rightness of our cause” and at the same time seems unsure of the abilities of J & K Legislature and wants to earn a “sympathetic response to it from rest of the country”. It is a characteristic double thinking or double play of all Kashmiri political parties. If PDP is convinced that it has a case to take to the special session of the Assembly it could at the same time take the issue of the failure of government of India in the discharge of the terms of the bilateral agreement with the government of Jammu and Kashmir to the Supreme Court of India.
PDP could at the same time express that it reserves its right to invoke the role of the government of Pakistan as a party to the dispute (in line with article 4 of the J and K Constitution) and the duty of the UN under its UN mechanism on Kashmir. J & K government has accepted a role under the UNCIP resolutions. The choice of remedies has to be made with extreme care because priorities in Pakistan have changed and there is more interest in the waters flowing out of Kashmir and less regard for the over spill of Kashmiri blood. As local Kashmiris have part co-operated in Machil fake encounter on the Indian side, Pakistan too has recruited Kashmiris who in the process of making more and more money continue to kill the Rights Movement.
Author is London based Secretary General of JKCHR – NGO in Special Consultative Status with the United Nations. Email dr-nazirgilani@jkchr.com
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