TADA court moves fast to convict former militants

We came over ground after promises in jail: Javed Mir

http://www.risingkashmir.com/index.php?option=com_content&task=view&id=11262&Itemid=55

Jammu and Kashmir’s TADA court has of late quickened the disposal of cases pertaining to various militancy related incidents especially murder of VIPs during 1990s. The court has recently convicted two former Kashmiri militants, one getting the lifer and the other jail for nineteen years. The quick disposal, hitherto very unusual, has worried former Kashmiri militants who had eschewed the path of violence and came over ground in the middle of 1990s.

Javed Ahmad Mir who was the founder leader of militancy and retired from gun life in 1995 claims that a huge gamut of Indian civil society as also UK MPs and leaders from US state department made a beeline to Kashmir during early days of militancy and started persuading the militant leadership to switch from insurgency to the mode of peaceful agitation.

“When we were active on militant front in early 1990s, civil society members from India, Parliamentarians from European Union, a delegation of MPs from UK led by Dan Buston and US Secretary of state Ms Robin Raphael persuaded us to follow the non-violent path acknowledging our stand on the Kashmir issue,” Mir told Rising Kashmir on Friday.According to Mir noted personalities from India including Justice Sachar, Kuldip Nayyar, Tapan Bose, Ram Jethmalani, Rasgotra, R K Mishra, Nirmala Deshpande and International Red Cross met him and other militant leaders from 1991 to 1993 to persuade them to ‘shun violence.’

“They even met us in the torture centres and jails after our arrests to influence us to change the mode of struggle. Civil society of India, EU and UK parliamentarians assured us of the secured life if we adopt the peaceful way to fight for our rights,” said the former JKLF chief commander, adding, “The civil society members and EU and UK parliamentarians assured to support us in case we fight peacefully for resolution of Kashmir issue.”The said court had recently re-opened the TADA cases of Mohammad Maqbool Tantray and Ayoub Dar and sentenced Tantray for 19 years and awarded lifer to Dar. Mir too fears conviction as he is under trial in connection with the firing on Air Force officials in early 1990s.

“There are some 15000 to 20000 former militants, who have shunned path of violence. They have become the easy target of the state and this cannot help in restoring peace in the State”, he said.Stating that they laid the foundation of the non violent movement, Mir said, “After JKLF announced cease-fire he went ahead with a peaceful campaign. He staged sit-ins and went fasting for days together. Many influential people approached him during these programs. Indian Prime Minister only last year appealed Yaseen Malik to end the hunger strike. But now for mere vote bank politics, we all are being targeted,” he said adding that the government had put behind bars Bita Karate and Bilal Sidiqui, who were released after 17 and 16 years of detention respectively, for playing active role to organise anti-India demonstrations last year.Most of the former militants are facing trial in TADA courts.

“When Government of India has abolished TADA law, I fail to understand how come people in Kashmir are still punished under this law,” said Mir.Supporting Mir’s argument, legal expert and senior counsel Zafar Shah said, “Government cannot reopen the case if it has earlier been closed because TADA law has already lapsed”.He, however, said, “If the offence was committed before the lapse of TADA and challan was not produced till date then the government can reopen the cases.”

When contacted, Hurriyat Conference (M) Mirwaiz Muhammad Umar Farooq said he would soon convene the meeting of the conglomerate’s legal cell on Monday. “We will be chalking out the strategy to ensure the safety and trouble free life of the former militants. We will come out with a definite plan,” he added.

Over past many years, Muhammad Ayoub, Farooq Qasid, Nazir Qasid, Mehmood Topiwala of Kangan, Muhamamd Akbar Bhat of Doda, Ghulam Mohiuddin of Sopore, Engineer Muhammad Afzal Kumhar of Pattan, Hilal Ahmed of Islamabad, Mehraj ud din of Budgam, Adil Ahmed of Islamabad, Mukhtar Ahmed and Gulzar Ahmed of Pattan and from Pakistani side of Kashmir Ishfaq Ahmed, Qari Nasir, Nazir Ahmed Khan and Khalid Mahmood Pahalwaan have been awarded rigorous imprisonment.