Published On: Mon, Mar 21st, 2016

Role of State Subjects in India

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By Dr. Syed Nazir Gilani –

It is high time that the citizens of the State of Jammu and Kashmir, (legally identified as State Subjects), and the opinion makers assign to themselves a serious consideration of their respective roles in the State (Valley in particular) and their roles as students, businessmen, teachers, lawyers and others during their residence in various parts of India. It is important that in addition to their needful roles in various disciplines and walks of life they take well measured steps to advocate the tragedy of the Muslims in Kashmir.

Think of tomorrow

In this regard people like SAR Gilani and others in various educational institutions have a lead role to play. We have every right to keep the integrity of character of Kashmiri symbols like Maqbool Bhat and Afzal Guru. In doing so every Kashmiri has to think of tomorrow and has to be able to walk into many tomorrows to propagate the mission for which these symbols walked to the gallows. One has every right to examine and debate the manner in which Maqbool Bhat and Afzal Guru were put to death, the manner of which continues to be questioned within and outside India.

In ambassadoring the case of the people of Jammu and Kashmir, a calculated recourse needs to be taken to the terms of the first bilateral agreement between Delhi and Kashmir, duties undertaken by Delhi under this agreement, how this agreement  is pending a validation by the people under a UN supervised vote, report of the State Autonomy Committee  adopted by the two houses of J & K legislature, violation of bilateral agreement and of UN dictates by the Indian soldier, non-compliance by government of India and the J & K government to perform as provided in para 6 of UN Security Council Resolution of 21 April 1948. Para 6 the Resolution prescribes that, “The Government of India should undertake to ensure that the Government of the State invite the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the ministerial level while the plebiscite is being prepared and carried out”.

Need to be watchful

In doing so, Kashmiris and their sympathisers in India need to be watchful of the fact that the deep State in India would induct agents provocateurs in their ranks and meetings to taint the merit of their activity and push them into an area which would be regarded as a criminal activity. Wisdom of service to the people of Kashmir lies in the fact that we do not allow the deep State and their instruments to work in Kashmiri ranks and give them an unnecessary cause to squeeze the space. Indian administration has re-written the laws, in the exercise of a right of expression by a citizen of the State of Jammu and Kashmir. Liking and approval of administration seems the overriding factor. It can be countered with a consistent and uninterrupted campaign, ensuring that the events are not hijacked by the agents provocateurs on the advice of the deep State.

We have failed to defend Maqbool Bhat and Afzal Guru in the manner we should have as a people at the right time. It is unfair to use Maqbool Bhat, Afzal Guru, Musarat Alam and SAR Gilani as stereotypes for politics and at the same time fail to lodge a rigorous legal and political defence. SAR Gilani has been granted bail and would continue to endure loss of liberty, till the prison authorities complete their formalities. It is a strange argument that after a court grants a person bail he should be forced to remain a prisoner in this manner and under this excuse. I am sure he would be out and with his family and friends by the time these lines are published on Monday. Police claims that charges against Gilani are ‘grievous’ and whatever he is alleged to have said is against the country. Gilani has been charged under sections 124A (sedition), 120B (criminal conspiracy) and 149 (unlawful assembly) of the IPC.

Guard their space rigorously

The interesting thing is that FIR is registered against SAR Gilani and other unnamed persons. The unnamed category has been added to keep chasing these unnamed persons in the wilderness and use the time as an excuse to deny SAR Gilani liberty of person and freedom. SAR Gilani is a highly educated person and has a constituency of students at the University and a constituency of friends in all sections of society. He would have said what is required of a conscientious and highly educated person – in particular a State Subject. It is important that people like him and others in his constituency of friends guard their space rigorously and do not allow the deep State to contaminate and squeeze this space. One wrong step should not derail these people from their long journey.

The evidence of video clips yet to be produced has already been assailed as a conspiracy and rejected as doctored evidence in the case of others let out on bail. Video evidence that has been discredited earlier has no merit in SAR Gilani’s case now and in the future. It can’t be sour in one case and sweet in SAR Gilani’s case. On February 10 event in which banners were placed showing Afzal Guru and Maqbool Bhat as martyrs, could not be held against SAR Gilani. Everyone who shared the event remains a part of the conspiracy, if police wishes to establish a conspiracy.  A criminal conspiracy has to have partner or partners. All those who attended the event could be considered to have endorsed the Text of the Banners.

It is a general belief in the Muslims of the Valley and many more in India and abroad that Supreme Court misdirected itself in administering justice in these two cases. They were hanged because the two were Kashmiri Muslims and non-conformists, who challenged Indian presence in Kashmir. The people of Kashmir or any other Kashmiri resident in any part of India has a genuine issue with Indian presence in Kashmir. In fact Kashmiris have been making just and peaceful efforts to remind Indian government of the terms of its temporary admission into the State and violation of these agreed duties. They have been reminding Indian government of the UN mechanism agreed to put to vote any further Indian presence or withdrawal from the territories under its control.

Well-meaning Indians

Government of Jammu and Kashmir at Srinagar elected from only a part of the territory has reiterated Kashmir case in its Autonomy Report of 2000 and has reminded India of its provisional and limited role in Kashmir. Well-meaning Indians have a duty to fairness to visit the dissent carried in the Autonomy Report of the Jammu and Kashmir government, examine the new phase of militant and political resistance since 1990 and the overall merits of Kashmir case pending at the United Nations. Indian government has an obligation under para 7 of UN Security Council Resolution of 21 April 1948, prescribing that, “The Government of India should undertake that there will be established in Jammu and Kashmir a Plebiscite Administration to hold a plebiscite as soon as possible on the question of the accession of the State to India or Pakistan”. Reminding Government of India to discharge her UN prescribed duties in para 6 and 7 is a legitimate activity on the streets of Kashmir and in any institution of India. It is not a criminal offence as alleged in regard to Press Club event on 10 February 2016.

Every citizen of India and the administration should care to admit that Maqbool Bhat and Afzal Guru are regarded as symbols of resistance in Kashmir and outside Kashmir. Arranging an event to examine the manner of administration of justice maintained in their favour on 10 February does not add up to any grievous activity against the country. The police action under sections 124A (sedition), 120B (criminal conspiracy) and 149 (unlawful assembly) of the IPC against SAR Gilani and other unnamed persons has no merit. The event organised at the Press Club on 10 February 2016 has a representative character. Every State Subject duly subscribes to the views expressed at the event and Indian police shall have to book every citizen of the State for this offence. The media clips of the incident flagged as evidence have already been discredited in JNU case and would have no favour from court in SAR Gilani and others unnamed case.

Sovereign character

It may be of interest for Delhi police and administration to note that there are patches, parts and buildings in India which are Kashmir property and have a sovereign character, like all buildings of foreign embassies in Delhi. The sovereignty character of these Kashmir properties is far stronger than the foreign missions in Delhi. It would be interesting if a future Kashmiri event (peaceful) takes place inside these properties.

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