Judiciary has been defunct for more than three months as lawyers across Kashmir have gone on strike against the jailing of their colleagues. Ikhlaq Qadri reports.

Lawyers on Tuesday staged a protest in Srinagar against the summoning of High Court Bar Association president Mian Abdul Qayoom for questioning by the National Investigation Agency (NIA)
PHOTO BY BILAL BAHADUR

Judiciary, the third pillar, of the state has been paralyzed in Kashmir from the last more than three months, as lawyers have gone on strike against the arrest of their colleagues. The lawyers are seeking unconditional release of their colleagues.

The lawyers have been on strike since July 7, when police arrested president High Court Bar Association Mian Qayoom under Public Safety Act. Later the general secretary G N Shaheen was also arrested and booked under PSA and both of them were sent to jails outside the valley. The law envisages a preventive custody and does not entail a trial in the court of law.

The current lawyers strike is the longest in the history of state’s judiciary. As the strike crossed 100 days the courts continue to remain defunct across Kashmir Valley. However, for a month before October 13, Bar allowed lawyers to appear for cases which were urgent such as Habeaus Corpus and on behalf of young men and teenagers charged with stone pelting. But since October 13, even that has stopped. The registration, which generated around Rs20 lakh for the state per day, has also been halted.

The government charged Mian Qayoom with waging war against the state and booked him under Public Safety Act. He is incarcerated in Hira Nagar Jail of Jammu.

The Bar filed a petition for shifting Mian Qayoom to a Srinagar jail as the bar president was suffering from several ailments. Besides having a spinal injury, he is surviving with only one kidney and is diabetic as well.

After filing of the petition, the High Court directed state authorities to consider Qayoom’s shifting.

“After we filed a petition, instead of shifting (him to Srinagar) he was moved to another jail in Jammu, Kot Balwal,” said Bashir Sidiq, senior executive member of Bar Association.

The Habeaus Corpus petition was argued before High Court which revoked the detention order.

Before his release, Qayoom was booked again under Public Safety Act again. The grounds of fresh detention, levelled by the state, were that he “hatched conspiracy in the Hira Nagar jail” when he met his visitors in the jail.

“As per the jail manual every meeting took place in presence of jail superintendent, where comes the question of hatching the conspiracy,” says advocate Bashir.

One of the grounds for detention of Qayoom is he has made a statement that Indian constitution is eroded in state and he does not believe in it.

“If this is valid ground than why aren’t the senior minister of government booked when they make statements, in press conferences, that they want restoration of autonomy and also say that the constitution is eroded,” said a group of lawyers.

The lawyers claimed that the government reached the same conclusion in case of the killing of three boys in Islamabad which was earlier established by the Mian Qayoom on his enquiry into the killings.

“It was a cold-blooded murder which authorities tried to hush up by curbing voice of concern by booking our president but ultimately truth prevailed. The state vindicated the Bar (findings) and acknowledged the fact that police was directly involved in the killings,” the lawyers said.

Mian Abdul Qayoom Photo: Bilal Bahadur

After G.N.Shaheen who was arrested on July 17, another member, Muhammad Shafi Reshi was also booked and put behind bars.

Shaheen’s PSA was quashed but was re-arrested again though the release order of Shaheen was unconditional.

“Usually in the release order, there is written that if not wanted in any other case, but no such condition was put in case of Shaheen. The order was unconditional but still, he was re-arrested,” said Rafiq Ahmad Joo, executive member of the Bar Association said.

Meanwhile, families of many arrested youth have a woeful tale to tell.

“My son was arrested on charges of stone pelting when I got bail for his release, he was again arrested on some other charges. The police officer threatened me of dire consequences if I approached the court again,” said a parent wishing anonymity. He says that his son was released after he paid a bribe of Rs 20000.

People, especially those whose wards have been detained by the police during the last three months, are also suffering due to the closure of courts. The lawyers say they are aware of many such cases, where parents had to “pay bribes and ransom” to get their detained wards released.

“The police have been given free hand to earn from deprived people. The lawyers are kept deliberately out of this as we are providing free assistance to such cases,” says advocate Javid Samad.

The priorities of people have changed as the very basic right of life and liberty is at stake, say, experts, while explaining the prolonged lawyers strike.

“The situation in Kashmir has changed priorities. For people life and liberty has become the first priority. This is what is depicted by the continuous strike of lawyers,” says Professor Sheikh Showkat Husain, who teaches law at the University of Kashmir.

Justifying the lawyers strike Showkat added, “The lawyers see liberty and life as more important than their livelihood and they are justified in thinking so because if a lawyer of highest rank can be detained over here simply on the basis of estimation of authorities, one can think about the fate of ordinary people.”

During normal days of functioning the courts witness huge flow of people. Every day around 300 cases civil and criminal cases would be registered in Sadder Court (lower courts) besides writ petitions in the High Court.

“We feel pain of people and understand their difficulties. But if we are not able to get our colleagues released who are booked on no valid (flimsy) grounds and continuously witness the abuse of justice system, we have no alternative but to go for strike,” said a visibly angry lawyer.

The government has made no initiative to end this long drawn strike. The lawyers alleged that the state is happy in creating more problems by keeping lawyers away from the courts.

The other side of the strike is that more than one lakh people are associated with courts and justice delivery system in Kashmir who have to bear the brunt as there is no income from last 100 days.

In Srinagar city alone around 700 members (lawyers) associated with the bar are on strike.

“We have sacrificed everything for the sake of seeking justice. We do not care for our livelihoods as we hold honour dearer than life,” said Muhammad Abdullah Pandit, ex Vice-President of Bar.

The lawyers termed this period as the worst in the history of judiciary as first time a serving president of bar association was put behind bars and booked under Public Safety Act.

Lawyers have been targeted earlier with some of them losing their lives. “We lost more than seven colleagues which include famous advocate Jalil Andrabi to the tyrannies of state but we did not and will budge even an inch,” said a group of lawyers.

The lawyers maintained that strike won’t end until their colleagues are released, unconditionally and the state respects the institution and implements the court orders.

“Every member feels that the honour of a lawyer who is pleader of justice is tarnished. We want the state to restore the dignity and honour of lawyers and respect court orders. The high handedness has to stop,” the lawyers said.

However, the Bar members resolved to keep their services available to those dissenting with the state, even if the government continues to bear pressure on them.

The judiciary in Kashmir has earlier seen two extended periods of strike. One in 1989 which lasted for around 90 days and then in 2001 which ended after 60 days of deadlock.

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