A website, www.freewaqar.org has been launched to run a global campaign to free prisoners who have been “illegally” detained in Kashmir. It has been launched by some young people who claim to be friends of Waqar. 
Waqar Ahmad Moharkan, a second year commerce student was arrested on October 4, 2011 by MR Gunj police station on the charges of participating in protests in Srinagar.
“We want people from all over the world to sign a petition to release Waqar immediately and meet out justice. This is an illegal detention,” reads the opening page of the website. A court had granted Waqar bail on October 23, 2011 but instead releasing him he was booked again under Public Safety Act (PSA) and shifted to Central Jail under judicial remand.
His lawyer, Mian Qayoom has stated in writing that the youth was deliberately not handed the copy of the grounds of his detention and police has passed the PSA without informing Waqar’s family, who had the legal right to challenge the act. But instead they were informed after the time to legally challenge the act had expired. He has been also illegally shifted to the Cargo interrogation centre for two days says one of his friends.
The present generation is aware of their rights so they want to take the issue on international platform, “Just like Palestine prisoners, we will ask the world to intervene. They have a moral obligation and they must fulfill it,” says a young boy in early twenties.
Waqar was among the 30 boys whose release was ordered by the Chief Minister on November 6 but he is still behind the bars. Waqar’s father had filed an application in court for allowing him to appear for his annual examinations but despite having court orders he missed his English paper which is ‘non-enforcement of his legal, fundamental and constitutional rights’ as per the law.
Waqar has now been shifted to Jammu’s Kotbhawal Jail, 300 kms away from Srinagar but as per Supreme Court ruling a person detained under preventive laws like PSA cannot be lodged more than 300 kms away from his residence.
Permission Granted
Last week justice H S Bedi Commission probing the custodial death of National Conference worker, Syed Yusuf, granted the permission to the counsel of his family to visit the Chief Minster’s official residence, Crime Branch headquarters and police Hospital.
Mushtaq Ahmad Dar counsel for Yusuf’s family had been granted permission by Commission for familiarizing himself with the topography of the locations.
After visiting the chief minister’s residence, Mushtaq said, “I have come to familiarize myself with the location so that I can assist the Commission in reaching the truth about Syed Yusuf’s death.”
The counsel of the family had also made the plea to question the employees manning CCTV cameras at all these three places. A request he was refused by the Commission.
Syed Yusuf was handed over to the Inspector General of Police (IGP), Crime Branch, Raja Aijaz Ali by the CM before he died in their custody.
On November 18 last year, the state government had appointed retired Supreme Court judge, Justice H S Bedi as the head of the one-man Commission to probe the death of Syed Yusuf. Yusuf was handed over to the IGP Crime Branch by the CM on September 29 last year after he allegedly admitted taking money from two NC workers for favours from the CM and NC party president Dr Farooq Abdullah.
The Commission has fixed the day and timing of Dar’s visit to three places. He was asked to visit the CM’s residence on March 14 at 4.30 pm followed by Inspector General of Police (IGP) Crime Branch office on March 15 at 4.30 pm and Police hospital on March 19 at 4.30 pm.
The Commission which was asked to complete the probe within six was granted a three-month extension in January, 2012.
The family of Syed Yusuf had alleged he had been tortured to death. The medical tests so far have revealed that Syed Yusuf had died of cardiac arrest and that there were no external injuries on his body.
A Lesson In Governance
The state government ‘s decision to appoint a male animal husbandry doctor as secretary of State Commission for Women has drawn lot of flak.
Women’s groups have termed it an “outrageous example of gender insensitivity” and have asked government to revisit the decision.
“It is a sheer unjust decision and insensitivity of government towards women of Kashmir,” said Nighat Shafi Pandit, a well-known women activist and chairperson of Help Foundation, which works for widows and orphans in Kashmir.
“If it would have been someone who has experience in social work could have been acceptable. But it is Ahmad ki topi Mehmood ke ser. Government should immediately revoke this decision and put some women with experience in social work as a secretary, who can handle the delicate issues of women.”
Activist and educationist, Neerja Mattoo said government needs to be sensitive to women issues. Women have to share intimate issues with the Commission, which they cannot share with a male officer.
Even though the social welfare minister, Sakina Itoo too has expressed reservations over the appointment, sources in the Commission said the chairperson of the State Commission for Women has handpicked the officer due to unknown reasons.
The State Commission for Women is an autonomous advisory body to safeguard the women’s interests and facilitate redressal of grievances particularly the violence against women. The commission deals with cases of domestic violence and other women related issues.
A Trust DEFICIT
Claiming credit for reviving and empowering anti-corruption institutions in Jammu and Kashmir, the lawmakers and bureaucrats did their best to save their skin. Seeking intervention, they moved the High Court and got the State Accountability Commission (SAC) order stayed. The order was against Khem Lata Wakhloo, Chairperson State Social Welfare Board on February 17, 2012.
Advocate C M Koul appeared for the petitioner- Khem Lata Wakhloo, on the other side Advocate Sunil Sethi and Advocate Veenu Gupta appeared for the SAC. After considering the arguments, Justice Mansoor Ahmed Mir issued notice to the respondents’ returnable within four weeks citing reason that from prima- facie evidences court is convinced that legal issues are involved in the petition which requires determination by the Court.
In last ten years Successive governments proudly created, revived and “strengthened” a host of anti-corruption agencies. These include J&K State Information Commission (SIC), J&K (State) Accountability Commission (SAC), J&K State Vigilance Organisation (SVO), J&K State Vigilance Commission (SVC) and a special designated court for CBI cases. But they turned out to be just tooth less tigers. Whenever there was a case against some government functionaries, they got it stayed in the High Court.
The High Court has stayed nearly 200 corruption related matters against officials and politicians. These court orders have been in force for three to six years. Government advocates have not bothered to even file a memo of urgency, let alone getting the status quo orders quashed.
Among the beneficiaries of stay orders are big shots of state politics. Congress party’s Peerzada Mohammad Sayeed, former deputy chief minister Pandit Mangat Ram Sharma, former minister of health, Suman Lata Bhagat- and her son Vikas Behal, sitting MLA from Doda Abdul Majeed Wani. Stay order granted in favour of Suman Lata Bhagat, on 7-12-2006 has remained over the last over 5 years.
Besides politicians many senior officials have also got SAC proceedings/ recommendations against them stayed from High Court.
When usually they stress for having accountability in the system, the ground report speaks otherwise. Not less than CM including others rushed to the court and got its proceedings stayed. This is what they call – a trust deficit!
Track II Azadi
Two conference on Kashmir last week held in New Delhi bought the ‘Azadi’ discourse to the capital again. One was organised by Delhi Policy group which is headed by former interlocutor, Radha Kumar, and another by Director Centre for Policy Analysis, Seema Mustafa.
The two day conference organised by Delhi Policy Group “Achieving Peace in Jammu and Kashmir: Options Today” was attended by almost all the important mainstream leaders of Jammu and Kashmir.
The director of DPG Radha Kumar said that general impression in the conference was that three-pronged peace process should continue simultaneously and each track should support the other. Efforts should be made to give a fillip to Indo-Pak dialogue and talks with the Hurriyat Conference, it is also the right time to bring in the elected representatives into the picture.
The conference discussed the human rights violations. It was felt that some movement had taken place on this front in the light of the recommendations made by one of the five groups set up by the Centre, more needed to done. The issues of Armed Forces Special Powers Act and rehabilitation of former militants also figured with legislators from the Valley and Jammu region expressing divergent views.
On the another hand just few hundred meters from the Indian parliament Delhi-based Kashmiri youth pitched for “Azadi” saying that “right to self determination” was the only solution to festering problem of Jammu and Kashmir.
Many political leaders including CPI leader D Raja, M V Ramesh, lawyer Prashant Bhushan, CPI (M) state secretary M Y Tarigami echoed their sentiment as far as ensuring democratic space to raise their voice was concerned. However, some student leaders were vociferous in supporting their demand for “right to self-determination”.
Taking a dig at Minority Commission Chairman Wajahat Habibullah, who had earlier said that past should be forgotten, many students objected to it, saying, “We cannot do that. It is valuable to us even if it is bruised”.
CPA Director Seema Mustafa said it was the first step to engage Kashmiri youth with the youth in rest of country. “Our objective is to create spaces for discussions” she said. Prashant Bhushan, senior journalist Shujaat Bukhari, Sanjay Saraf also spoke on the occasion.
Mangat V/S Jugal
Finally, after much speculations and confusions in the state Congress, former minister Jugal Kishore Sharma was declared elected as Member Legislative Council unopposed as there was no other candidate in the fray. Soon after Jugal was elected MLC with Congress high command’s mandate, reactions from opposite camps became more vocal. Earlier there were romours that veteran congress leader and former deputy chief minister of the state Mangat Ram Sharma would get a mandate as he would be given a major role in the state politics.
According to sources congress high command was planning to give Mangat Ram Sharma a bigger role in the state politics as there were plans of him being inducted into the council of ministry in the scheduled expansion after this year’s budget session of the legislature.
But the rift between Union Minister for Health, Ghulam Nabi Azad and PCC (I) president Prof. Saif-ud-Din Soz camps made taking decision difficult for the high command in New Delhi.
It is learned that Azad-backed Jugal Kishore Sharma was given precedence over Soz’s candidate Mangat Ram Sharma as Azad rose through the ranks after congresses recent debacle in UP state assembly polls.
On the other hand the news of Khajuria’s nomination was met with bouts of protests mainly by supporters of B S Pathania, who too was considered to be close to Azad camp. Similar protests, led by Pathania himself were held outside Congress headquarters at Shaheedi Chowk in the winter capital of the state.
