‘People conscious of freedom sentiment’

In a candid interview with Rising Kashmir staffer Hakeem Irfan, Kashmir Bar Association President Mian Abdul Qayyum, observes that when State uses force to quell peaceful protestors and army, police and intelligence agencies take courts for a ride, aspirations of people mellow down. He also throws light on the pre and post poll situation in the Valley.  

http://www.risingkashmir.com/index.php?option=com_content&task=view&id=9834&Itemid=37

Q: Lawyer’s movements have always been effective and result oriented in the subcontinent especially in Pakistan. Do you think Bar has not been that effective here? 

A: Bar is not a political organization. This is not Hurriyat Conference. Bar strives for the peaceful settlement of the Kashmir issue. We hold conferences, protest against the human rights violations, investigate them and highlight Kashmir issue where ever it is possible.

 

Q: Filing writ petitions and taking legal course of action regarding different issues in a conflict zone are seen as an effective tool in the world outside. What is Bar doing in this regard? 

 

A: It is not that we will go and file a writ petition. We analyse the things and when ever it is necessary we do take the necessary action. If we find somebody is arrested arbitrarily (arrest without following any procedure of law) we do take action. I have filed hundreds of such petitions on my own. There is a big team of Bar Association which is doing only this job of filing petitions, challenging unlawful detentions, filing habeas corpus petitions and looking after different cases. But then there are various factors for these movements not being apparently fruitful.

Q: Why are these movements apparently not fruitful?

A: Judgments quashing detentions and other things are passed by the honourable court. But then there is 'Jungle Raj' here. Nobody listens to the orders of the court. If somebody gets bail from the court, he or she is re-arrested in another case. This is an unending circle where there is no respect for the rule of the law. Court is taken for a ride by the police, army and other officials. 

Q: Any legal paper Bar has prepared regarding the solution of Kashmir issue?

A: Yes we have prepared a document way back in 1990 and it was the first memorandum which went to the United Nations in 1990. It says Kashmir is a disputed issue. The only way to settle this issue is to hand over the territory to trusteeship of UN for the period of five years and allow the people of this region meet and interact. Then allow them to decide their future. Place three boxes in front of them with an option of India, Pakistan and freedom and then whatever will be the decision of Kashmiris that will be implemented and obeyed. 

We have also said that these elections cannot solve the Kashmir issue. 

Q: Was Coordination Committee a failure in the ultimate analysis of the recent pre and post poll era?  

A: Coordination Committee program was not a failure. The poll percentage in Srinagar was officially 20 percent that means rest of the population boycotted. Same was the scenario in parts like Shopian, Sopore, Baramulla, Islamabad and other places. Nobody has verified the government figures and statistics. There was no transparency. Only government version is available with us. It is a misconception that boycott has not worked. There are 8 lakh Indian troops here and elections cannot be normal under such circumstances. I will give you the example of Tral where a friend of mine said that the army took some 35 elders in their custody and asked them to vote. They were warned that if they will not vote their whole family will be taken in custody the next day. People know that the roads, power and development cannot replace freedom and they are conscious of that.  

 

Q: What about people saying that they voted for roads, power, employment and development? 

A: People were made to say this statement. You see this pattern from Bandipora to Srinagar. They were tutored to say that they are voting for the development and roads. People are conscious that these things don’t matter but under force, fraud, coercion and deception they were made to say this.

Q: Are the peaceful protests still relevant? 

A: Let these army people go or move into their bunkers for some time and see how people will come out for freedom marches. You must see the things in context of the military presence here. When State uses force people will be fearful and reluctant to say what actually their aspirations are. Fear is preventing people to come out

Q: Has CC lost its reputation amongst the masses as some pro freedom leaders have hinted? 

A: I don’t think so. If people are with the cause that means they are with the pro freedom leadership. No one has said that they don’t want UN resolution to be implemented. People are with the movement and they are with the pro freedom leadership.  

Q: Is there need of socio-economic model from the resistance platform to reach out to the masses, who…? 

A: (Interrupting) Yes, there is a need of such movement but then they unnecessarily become the target and looked with the suspicion. We will favour any such program from the resistance platform. But as Bar Association we will not contest the elections for that. 

Q: What are your views as a legal expert on the recent anti-terror law, passed in the India parliament, and its implementation and effects vis-à-vis Kashmir? 

A: I feel Omar Abdullah has been accepted as the CM of the State by the government of India only to extend this law to Jammu Kashmir. He will have to accept the dictations from Delhi. That is why some politician of NC recently said that this law applies to JK as well. It is not a fact. 

There is a tacit understanding that what ever law Delhi will extend to the State CM has not to object. This anti terror law passed by India parliament will not ipso facto apply on the State of Jammu Kashmir because of Article 370. This law here has to be implemented in consultation with the government of Jammu Kashmir (Governor with his counsel of Ministers) and then the consensus document will be forwarded to President of India through Governor of State. President has to make a declaration and notify that parliament can make the law for the State. But again the consensus of the State government is necessary. But you see that has not happened here. Still if this law is applied to the State it will be just to further oppress and harass the people here and strengthen the control. This law will be implemented to bring the people in fold of this law and break their resistance will and sentiment.    

Q: Why are these movements apparently not fruitful?

A: Judgments quashing detentions and other things are passed by the honourable court. But then there is 'Jungle Raj' here. Nobody listens to the orders of the court. If somebody gets bail from the court, he or she is re-arrested in another case. This is an unending circle where there is no respect for the rule of the law. Court is taken for a ride by the police, army and other officials. 

Q: Any legal paper Bar has prepared regarding the solution of Kashmir issue?

A: Yes we have prepared a document way back in 1990 and it was the first memorandum which went to the United Nations in 1990. It says Kashmir is a disputed issue. The only way to settle this issue is to hand over the territory to trusteeship of UN for the period of five years and allow the people of this region meet and interact. Then allow them to decide their future. Place three boxes in front of them with an option of India, Pakistan and freedom and then whatever will be the decision of Kashmiris that will be implemented and obeyed. 

We have also said that these elections cannot solve the Kashmir issue. 

Q: Was Coordination Committee a failure in the ultimate analysis of the recent pre and post poll era?  

A: Coordination Committee program was not a failure. The poll percentage in Srinagar was officially 20 percent that means rest of the population boycotted. Same was the scenario in parts like Shopian, Sopore, Baramulla, Islamabad and other places. Nobody has verified the government figures and statistics. There was no transparency. Only government version is available with us. It is a misconception that boycott has not worked. There are 8 lakh Indian troops here and elections cannot be normal under such circumstances. I will give you the example of Tral where a friend of mine said that the army took some 35 elders in their custody and asked them to vote. They were warned that if they will not vote their whole family will be taken in custody the next day. People know that the roads, power and development cannot replace freedom and they are conscious of that.  

 

Q: What about people saying that they voted for roads, power, employment and development? 

A: People were made to say this statement. You see this pattern from Bandipora to Srinagar. They were tutored to say that they are voting for the development and roads. People are conscious that these things don’t matter but under force, fraud, coercion and deception they were made to say this.

Q: Are the peaceful protests still relevant? 

A: Let these army people go or move into their bunkers for some time and see how people will come out for freedom marches. You must see the things in context of the military presence here. When State uses force people will be fearful and reluctant to say what actually their aspirations are. Fear is preventing people to come out

Q: Has CC lost its reputation amongst the masses as some pro freedom leaders have hinted? 

A: I don’t think so. If people are with the cause that means they are with the pro freedom leadership. No one has said that they don’t want UN resolution to be implemented. People are with the movement and they are with the pro freedom leadership.  

Q: Is there need of socio-economic model from the resistance platform to reach out to the masses, who…? 

A: (Interrupting) Yes, there is a need of such movement but then they unnecessarily become the target and looked with the suspicion. We will favour any such program from the resistance platform. But as Bar Association we will not contest the elections for that. 

Q: What are your views as a legal expert on the recent anti-terror law, passed in the India parliament, and its implementation and effects vis-à-vis Kashmir? 

A: I feel Omar Abdullah has been accepted as the CM of the State by the government of India only to extend this law to Jammu Kashmir. He will have to accept the dictations from Delhi. That is why some politician of NC recently said that this law applies to JK as well. It is not a fact. 

There is a tacit understanding that what ever law Delhi will extend to the State CM has not to object. This anti terror law passed by India parliament will not ipso facto apply on the State of Jammu Kashmir because of Article 370. This law here has to be implemented in consultation with the government of Jammu Kashmir (Governor with his counsel of Ministers) and then the consensus document will be forwarded to President of India through Governor of State. President has to make a declaration and notify that parliament can make the law for the State. But again the consensus of the State government is necessary. But you see that has not happened here. Still if this law is applied to the State it will be just to further oppress and harass the people here and strengthen the control. This law will be implemented to bring the people in fold of this law and break their resistance will and sentiment.