A stunning revelation made by two writers in a recent book on Kashmir conflict has revealed that four tourists kidnapped to seek the release of Jaish Muhammad chief Masood Azhar were murdered by Indian Army loyalists- the renegades.
The claim has raised serious mark on the credibility of long process of counter insurgency in valley.
The Meadow- a book written by investigative journalists Adrian Levy and Catherine Scott-Clark has ruffled the system and prompted human rights group, International People’s Tribunal on Human Rights and Justice (IPTK), to file a petition in the State Human Rights Commission (SHRC) seeking fresh probe into the kidnappings. SHRC has listed the case for April 17.
What exactly happened? In July 1995 six foreign tourists were kidnapped by Javid Ahmed Bhat alias “Sikander”, Abdul Hamid al-Turki alias “the Turk”, Nabeel Ghazni, Abu Khalifa, and others. One among them was able to escape and the other was beheaded and his body was found later in August. The Reason of abduction was to seek the release of Jaish Muhammad chief Masood Azhar and Omar Sheikh.
However, subsequently in an operation on 4 December 1995 at village Dabran in Anantnag district, the three kidnappers were gunned down—fourth one died on 17 February 1996 in a bomb blast that was claimed as accidental by the army, says the petition.
The book claims that a pro-government renegade Ghulam Nabi Mir alias Alpha, or Azad Nabi who used to be based in Shalipora near Islamabad in Kashmir, had “bought” the four hostages from Al Faran and held them for months before killing them. The four persons, the book says, had been killed in the remote twin villages of Mati and Gawran, an approximately five hour drive from Anantnag town, on 24 December 1995. The authorities had the knowledge of the location of the hostages but didn’t want to rescue them, the book reveals.
The petition, which quotes passages from the book, says Al Faran was ready to give up the hostages for a ransom of Rs 1 crore but the deal was said to have fallen through at the last minute. The petition says that Al Faran handed over hostages to Mir alias Alpha on 1 December 1995 for Rs 4 lakh. The petition says that the Crime Branch investigations into the incident were closed without being presented before a competent court. “The authorities, who had knowledge at various times of the location of the kidnapped persons, and ultimately of their burial site, did not intervene for political reasons,” the petition says.
“The crime branch investigations were closed without being presented before a competent court. The authorities who had knowledge at various times of the location of the kidnapped persons, and ultimately of their burial site, did not intervene for political reasons,” said the petition filed before commission.
Home Minister’s VISIT
As the snow melts across the LoC, Home Minister P Chidambaram visited Jammu to take stock of the situation. Ahead of summer 2012 and the yearly pilgrimage to Amarnath, the visit is considered to be of significant importance.
The Home Minister indicated his satisfaction over the improvement in the overall security situation. He sought details of the state government’s plans to help situation improve further this summer besides proper management of the yearly pilgrimage to Amarnath. All details were sought regarding the activities of Kashmiri separatist, Dr Ghulam Nabi Fai and his links in the state.
Chidambaram who flew to Jammu presided over a meeting of the security grid that Omar Abdullah and heads of all the security and intelligence agencies attended.
“The focus remained the consolidation of peace especially in wake of a highly peaceful summer after the disturbed years,” sources said.
Omar Abdullah, officials said, reiterated his demand that the AFSPA should be rolled back especially from areas where the army does not operate. He also demanded the report of interlocutors to be made public. To this his coalition partner congress objected. “we have expressed our reservations over AFSPA. Time was not ripe for its revocation’’, Congress MP from Jammu-Poonch, Madan Lal Sharma, who was standing with Chidambaram said.
Grounding the much hyped AFSPA, Home Minister told reporters that his ministry has suggested three amendments in AFSPA which are under consideration of the cabinet committee on security (CCS). About report he said that it will be made public only after CCS consider the matter
Police Chief Kuldeep Khuda claimed that the first quarter of 2012 showed a fall in militancy related incidents by 45 percent (from 48 incidents last year to 26 this year) as civilian killing nosedived by fifty percent and killings of security men by 100 percent. However Army is unmoved by the claim of police. They feel that the situation is still volatile.
Sikh delegation met Home Minister and presented charter of demands from the community including resolution of issues pertaining to employment, extension of Minority Act to J&K state, general amnesty to hijackers as done in case of Hashim Qureshi, fresh Chittisinghpura probe in definite time period and central authority for providing state subject at par with Kashmiri migrants.
People met Chidambaram in huge number with their problems. Whether there is resolution or not is less important. What remains sole purpose of his visit is to see Kashmir unlike of 2008 to 2012.
The Interlocutors REPORT
Years later, the stance remains. The new interlocutors report -‘A New Compact with the People of Jammu and Kashmir’ rules out a ‘simple return to pre-1953 situation.’ Asserting that “a pure and simple return to the pre-1953 situation” would “create a dangerous constitutional vacuum” in the relationship between the Centre and Jammu and Kashmir, the Group of Interlocutors appointed by the UPA government has recommended instead a “case-by-case review of all Central laws and Articles of the Constitution of India extended to the State” since 1952. The group, chaired by Dileep Padgaonkar, and including Radha Kumar and M.M. Ansari, submitted its report to Union Home Minister P.Chidambaram last year.
The report proposes the setting up of a Constitutional Committee that would review the applicability of Central statutes extended to Jammu and Kashmir after the July 1952 Delhi Agreement. The review process — once ratified by Parliament and the State legislature — would eventually end the extension by presidential order of further Central laws to the State.
The report noted that the roadmap leading to political, economic and cultural freedoms depended on the credibility of the dialogue process, implementation of key Confidence Building Measures, and building a consensus among stakeholders.
Interlocutors feel that J&K should not be made contingent on India-Pakistan talks. The key objective, group added, was to make the Line of Control irrelevant. “It should become a symbol of Concord and Cooperation.”
Report recommends that the no new laws should be made applicable to Jammu and Kashmir unless related to the country’s internal and external security and its vital economic interest. The report suggest CC to be future-oriented and conduct its review solely on the basis of the powers the State needs to address the political, economic, social and cultural interests, concerns, grievances and aspirations of the people in all the three regions, Jammu, Kashmir and Ladakh, and all the sub-regions and communities.
The group of trio wanted the resumption of Government of India-Hurriyat dialogue at the earliest opportunity. Pakistan and Pakistani-administered areas should be encouraged to enter into dialogue on the recommendations fine-tuned by the CC and the points that emerged from the GoI-Hurriyat dialogue.
Among other recommendations were to replace the word “Temporary” from the heading of Article 370 with the word “Special” as has been used for other States under Article 371, to appoint the Governor from a list of names prepared by the State Government in consultation with opposition parties, to hold fresh election within three months if Article 356 is used.
The CBMs suggested included speeding up of reforms related to human rights and rule of law, amendment of the Public Safety Act, and review of the Disturbed Areas Act and the Armed Forces Special Powers Act. It also called for a Judicial Commission to look into the unmarked graves, with emphasis on identification of missing/disappeared persons.
The group in its mandate presented a report, but it is missing the most vital link of the Kashmir issue- the perspective of separatists. It may have things to offer under the ambit of Indian constitution on paper, people are curious to know whether something will happen on ground or not. Or else it will add one more chapter to the heaps of unfulfilled promises.
Fighting Human Trafficking
Last week, police arrested a gang operating from Pattan area of North Kashmir for human trafficking. All the four persons were detained under Public Safety Act 1978 for indulging in human trafficking.
Police said this gang was exploiting poor and helpless women hailing from outside State like West Bengal by luring them on the pretext of providing employment in the Valley, but instead they would exploit them sexually and thereafter sell them to different people for the same purpose for a meager amount of Rs 20,000 to Rs 30,000.
The exploiters were identified as Ali Mohammad Bhat, son of Sona Ullah Bhat resident of Gund, Ibrahim, resident of Pattan age 22 years, Mohammad Subhan Dar, son of Ghulam Nabi Dar resident of Chak-Tilwanpora, age 27 years, Mohammad Altaf Khan son of Ghulam Mohammad Khan resident of Chak, Razaq Khan resident of Mirgund Pattan, age 43 years, and Mohammad Maqbool Dar son of Abdul Aziz resident of Check Tilwanpora Mirgund Pattan age 40 years.
The police arrested the activists of the gang on 31-01-2012 at Hanjiwera Mirgund while they were travelling in a vehicle bearing registration NO: JK01R-1389 along with a victim girl from West Bengal. A minor girl was travelling in the car with the accused and medical examination of the girl confirmed her sexual exploitation.
Police said that the activities of the gang had posed a potential threat to the moral values of the society in general and to the people of the area in particular, besides being prejudicial to maintenance of public order.
A case (FIR NO: 21/ 2012 U/S 366-B, 376 RPC) stands registered in the matter in Police Station Pattan. Police said that during the course of investigation it was found that this gang of exploiters has been involved in the illegal trade since long. The Kashmir police is now sending a special team to West Bengal in order to find out how women are routed to Kashmir and then sold to men in different areas of north Kashmir.
“We have complaints that women from West Bengal are being smuggled and then sold to men here. These men then solemnize forcible marriages with them,” SSP Baramulla, Haseeb Mughal said. “So we are sending a special investigation teams to break this nexus.It includes nabbing people who buy the women from there and then sell them here on petty prices.”All the four persons were arrested and sent to Central Jail Kotbilwal Jammu today for serving the period of detention.
Haji Yousuf CASE
The Justice Bedi commission, looking into the death of senior NC ground worker Haji Yousuf, has asked the counsel for the deceased’s family to submit the list of witness for cross examination within one week. At the same time the state government has shown their resistance in response to the application submitted by the Counsel over the cross examination of all witnesses from present government.
The 12 persons arrayed as witnesses include the Chief Minister of the state, Minister of State for Home, Political Advisor to Chief Minister, Nasir Aslam Wani, Devinder Singh Rana, Inspector General of Police (Crime Branch) and Dr Noor, who had conducted the post mortem of Haji Yousuf.
Mushtaq Ahmad Dar, the counsel for the deceased family, in his petition had sought police to furnish daily dairies maintained in the police station Batmaloo and the crime headquarters. Besides that he has sought medical records, the log book of the ambulance in which Yousuf Shah was ferried to police hospital, the CCTV footage of Legislative Assembly where Chief Minister is said to have met another NC worker Abdul Salaam Bhat of Ganderbal (of September 29, 2011).
Prior to this, the advocate had conducted a spot inspection of CM residence at Gupkar Road after he sought a prior permission from the commission to inspect all alone the premises of the house covered by CCTVs including the hall and bathroom in the camp office which does not have CCTVs . The commission had also ordered to inspect the office of ante room of the IG Crime, Raja Aijaz Ali on the same grounds on March 12.
The state government had appointed the retired Supreme Court judge as the head of the one-man commission to probe into the death of Yusuf. The commission was asked to complete its probe within six weeks but due to circumstances including a petition before Supreme Court (regarding the same case) and adverse weather condition, the state government granted a three-month extension on January 7.
Subsequently, the commission has been granted another extension of two months. Commission has now adjourned the proceedings till April 27 as the counsel for the chief minister has pleaded his inability to appear before April 21 due to some prior and personal engagements. At present the Commission has time till May 28 to complete the probe and submit report in the death of Haji Yousuf.
