remember dates but had clear idea of what happened to him in various jails, especially after 1990. His wife is a housewife, his daughter is studying and all his three sons – Feroz, Aijaz and Sajad are making some earning in the private sector.
Khan is not alone fighting for his property that police sees an outcome of hawala funding. In Sopore’s Wagub village, police on June 30 attached a house, a car and 15 kanals of land scattered over eight different places belonging to Abdul Razaq Lone , a local resident. In this particular case the family was not evicted but placards were erected at seized spots reading: “This property is attached under section 25 of ULA (P) Act and shall not be transferred or dealt otherwise without the prior permission of the investigating officer”.
In another unrelated case on July 2, Srinagar Police sealed the house and shop of Mushtaq Ahmad Sofi in Nowhatta area of downtown Srinagar. The reason for this seizure, according to the police is they wanted to arrest his 15-year-old son Burhan.
People see the developments as a leap backwards. In 2001, the government promulgated Prevention of Terrorism Act (POTA) and seized the house of Ghulam Mohammad Dar a resident in old city Safa Kadal. Though the law was repealed by Mufti Sayeed led government in 2002, the accused Ghulam Mohammad Dar could prove his innocence only in December 2010 – eight years later. Interestingly the 2002 POTA-fighters are apparently satisfied with the lawful implementation of the unlawful activities act.
Authorities have been seizing properties throughout the post-partition history. Sections of the people who fled or were pushed to the other side of the LoC were declared enemy agents and under law their properties were taken over by the state. Anybody proved to be an enemy agent can even get capital punishment.
More recently, a section of the police in various districts initiated the process of getting the fugitive declared as proclaimed offenders. If a proclaimed offender under section 86, 87 CrPC does not surrender, the law can permit the attachment of his property. Same is true with the Unlawful Activities Act under which if a property is misused for anything illegal or the law enforcement agencies fear that it can be misused, the property can be sealed and taken over by the government.
In 2010, the police in Doda carried out an exercise and identified 130 cases in which it intended the process of getting them declared as proclaimed offenders. All these youth had crossed over the LoC and did not return. As early as February this year, two cases involving Farooq Ahmed (Majmi, Dessa) and Bittu Gujjar (Dehrosh) were processed in Bhadrwah. The follow up is unknown.
