Killing of Judicial System in IIOJK | By Asad Ali


Killing of Judicial System in IIOJK

The Kashmir valley is once again in the limelight of international media due to the prevailing security situation and so-called anti-insurgency operations undertaken by Indian armed forces.

Since the abrogation of Article 370 of constitution, people are still living under cruel rule of Modi government.

That horror is still far from its execution. However, India has unequivocally failed to suppress the passion and freedom struggle of brave Kashmiri people.

Indian forces and government both are using all possible illegitimate and unconstitutional means to deter Kashmiri people, but despite all odds, couldn’t succeed.

Entire mainstream political leadership of IIOJK is under house arrest and not being allowed to take part in any kind of political activities.

In order to keep them away from mobilizing Kashmiri people, Indian government has been using stringent anti-terrorism and sedition laws to detain them without giving any solid reason.

Despite these illegitimate action, People are still coming out in large numbers to denounce Indian fake propaganda.

The leaders in New Delhi are scared of the resurgence in freedom struggle in Kashmir valley.

The demise of Syed Ali Gillaniinjectedhas given another dimension to freedom cause.

To stop this enthusiasm of Kashmiri people for independence struggle, Indian government has decided to place Hurriyat leaders under house arrest charge them under sedition laws.

Unfortunately, Indian judiciary is also becoming party in falsehood and illegitimate actions of nationalist Hindu leaders.

It has been endorsing Modi government’s unconstitutional and inhumane actions in the valley.

Now, in another staged attempt to suppress Kashmiri struggle, Indian judiciary is once again killing the justice system by beginning trial of senior Hurriyat leader Yasin Malik, who has been in detention since February 2019.

He himself withdrew his defense lawyer after anticipating that he would not get an impartial trial.

His organization JKLF has said the trial is part of a political vendetta against veteran Kashmiri leader being carried out at the behest of Narendra Modi-led Hindutva regime in order to accomplish their so-called dream of Akhand Bharat (United India).

On 19 May 2022, an Indian court convicted Malik in a terrorism-related case that carries a maximum sentence of the death penalty or life imprisonment.

He had been charged with terrorist acts, illegally raising funds, being a member of a terrorist organization and criminal conspiracy and sedition.

It is pertinent to mention here that terrorism-related charges levelled against Malik are concocted, fabricated and politically motivated.

During the court hearing, Malik bravely said if seeking azadi (freedom) is a crime, then I am ready to accept this crime and its consequences.

Mr.Malik’s Jammu and Kashmir Liberation Front (JKLF) was one of the first freedom fighting groups to come into existence in Indian Occupied Kashmir.

It supported an independent and united Kashmir.Led by Malik, the group gave up armed resistance in 1994.He is an indisputable Kashmiri leader.

Indian government is preparing false grounds to hang him as was done in case of Maqbool Bhat and Afzal Guru.

However, India must not forget that Kashmiris will not rest till given their right to self-determination as was promised to them by UN.

Likewise, concerns have been raised by Pakistan and other Kashmiri leaders as well about the questionable trial of Yasin Malik. The AJK prime minister as well as JKLF has convinced that he would not get a fair hearing.

There can be little doubt that the JKLF leader being punished by Indian authorities for refusing to toe its line and refusing to endorse its illegal actions in the valley.

Similar tactics have been used by India to target Kashmiri leaders who favour freedom, while even some of New Delhi’s loyalists have been meted out despicable treatment by the Indian state, particularly after the revocation of special status in August 2019.

It is not just Pakistan that is calling out India for its abhorrent tactics in IIOJK.

In a statement released, the Independent Permanent Human Rights Commission of OIC, in strong language, condemned the recent delimitation in the disputed region, through which the Hindu-majority areas of IIOJK were given more seats in the territory’s legislature.

The OIC body termed it a nefarious attempt and a wicked measure to change Kashmir’s demography.

Interestingly, this is in stark contrast to the OIC’s earlier muted references to Kashmir. With regard to JKLF leader’s trial, New Delhi needs to quash such dubious references against all pro-freedom leaders.

Meanwhile, where the Muslim world’s response to the Kashmir question is concerned, though the statement from the OIC body is welcome, the Muslim bloc especially its more influential members such as KSA, UAE and other rich Gulf states needs to do more to press home the point to India that its brutal policies in the occupied region are unacceptable.

This is high time for international community to punish India for its illegal, inhumane, unconstitutional actions against Kashmiri people.

Human rights watchdogs must press Indian judiciary as well as government to undertake fair trial of Yasin Malik without getting pressure from Indian government.

In media domain, it is responsibility of international journalist bodies to ask Indian their Indian counterparts to project factual information instead of becoming the mouthpiece of Modi government.

For giving a befitting response to counter Indian media’s negative propaganda, the pro-freedom social media activists must also refrain from copying and pasting what Indian media had been propagating.

As far as Indian government is concerned, it must understand charging freedom fighter and pro-independence leaders over flimsy ground will only hamper the sentiments of Kashmiri people and will have serious repercussions Indian forces and government as well.

So, it must engage Kashmiri leaders and Pakistani leadership as well and sit with them on negotiating table to politically solve the issue of Jammu and Kashmir.

—The Islamabad-based writer is expert in Indian political affairs.


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