Monday, November 30, 2009

Indian Nuclear proliferation remains unchecked

Nuclear power is inevitable but the way India has acquired it in violation of international agreements, refusing to sign the NPT and the use to which it is raises the question: Would India be using the material for the development of its nuclear arsenal? There is no doubt about that. Yet it appears to be continued to be rewarded by USA despite having been caught by USA withits hand in the till. Indian nuclear and chemical safety record requires close examination.
The following is a list of its unsafeguarded research rectors: A decade ago, a nine-month long AERB (Atomic Energy Regulatory Board) safety study of Indian reactors documented more than 130 extremely serious safety issues warranting urgent corrective measures in the Bhabha Atomic Research Centre; Indira Gandhi Centre for Atomic Research (IGCAR); Nuclear Power Corporation of India Limited; Uranium Corporation of India Limited: Indian Rare Earths Limited; Nuclear Fuel Complex (NFC), and the Heavy Water Board. Cirus, 40 MW has history of developing radiation leaks. Candu reactors suffering from massive leakage of heavy water. Waste tanks at BARC habitually develop major leaks. Dhruva suffers from design problems, fuel leakages. The Fast Breeder Test Reactor of 40 MW at Indira Gandhi Centre for Atomic Research, Kalpakkam, built with French assistance, was rated ‘not safe’, and discarded. Similar reactors, like Super Phoenix of France and Monju of Japan, were also discarded because of safety hazards. A brief look at its power plants reveals the following discrepancies: Madras Atomic Power Station (MAPS) 1986—The inlets of its reactors cracked. 1988—MAPS was shut down after heavy water leaked. 1991—Tons of heavy water burst out, had frequent break downs. Rajasthan Atomic Power Plants (RAPP), Rawatbhat. Suffers from severe design faults. Reactors de-rated from 220 MW to 100 MW. Shut down number of times from 1980 to 1994 due to cracks.
Narora Atomic Power Station (NAPS). On March 1993, a fire in NAPS, 180 km east of New Delhi, nearly caused a melt-down. Kakrapar Atomic Power Plants (KAPP), Gujarat – Unsafeguarded. The radiation leakages from the plants are a usual practice. Concrete containment dome of KAPS collapsed in 1994. Tarapur Atomic Power Plants (TAPP), Maharashtra. A high dosage of iodine was found in seawater around.
In 1995, the radioactive waste contaminated the water supply of nearly 3000 villagers living nearby. Russian VVER Light Water Reactors. The potential radiation leakage remains a high probability. IAEA has expressed doubts about the safety of these plants. Nuclear Fuel Complex, Hyderabad (NFC). None of facilities at NFC are under IAEA safeguards. On 17 Nov 2002, an explosion took place at a nuclear fuel plant. Now let us take the cases of Indian nuclear proliferation. The following incidents have been gleaned from International media: 1974. India tested its first nuclear weapon by diverting plutonium from nuclear supplies made by the US/ Canada (for peaceful purposes). 1980s. Heavy water imported by India from US and smuggled from USSR, China and Norway, which allowed its use to make weapon grade plutonium. 1992. India supplied thiodyglycol and some other chemicals to Iran. 1992 – The case of Black Diamonds. For over 20 years, some senior BARC scientists were involved in making money by using the research reactor to irradiate natural diamonds and selling them international market. 1993. 30 tones of trimethyl – phosphite supplied to Iran. Nov 1993. India made an effort to ship chemicals to Iraq. 1994. Four containers of phosphorous penta sulphide were detained by Sri Lankan authorities at Colombo Port, en-route from Bombay to Israel. 1994. On a CIA tip-off, a shipment of beryllium was caught in Vilnius. July 1998. India’s CBI seized eight kg of stolen nuclear material from Arun, an engineer in Chennai along with two other engineers. Nov 7, 2000. As per IAEA, Indian police seized 57 pounds of uranium and arrested two men for illicit trafficking of radioactive material. Sep 1998 to Feb 2001. M/S NEC Engineers Private Limited shipped out 10 consignments of sensitive and prohibited material to Iraq. Jan 26, 2003. NEC shipped 10 consignments of sensitive equipment to Iraq. Aug 2003. Large quantity of radioactive material stolen from Tata Steel. Feb 2004. 29 Titanium Alloy Rings stolen from LPSC – Bangalore. June 12, 2004. BNC, a US company fined US $ 300,000 for exporting a nuclear component to the Bhabha Atomic Research Centre in India. Dec 2005. US imposed sanctions on two Indian firms for selling missile goods and chemical arms material to Iran. 2005. Indian scientists, Dr. Surendar and Y S R Prasad had been blacklisted by the US due to their involvement in nuclear theft. December 2006. A container packed with radioactive material had been stolen from an Indian fortified research atomic facility near Mumbai. 1989 – 2006. Indian authorities seized about 80 kg stolen Uranium. 1984 – todate. About 152 theft cases of uranium reported.
The list of Indian nuclear scientists involved in cases of proliferation is endless. Some prominent cases are enumerated: Oct 2003. An Indian Sitaram Rai Mahadevan arrested for sending blueprints of specialized valves, a critical part for nuclear plants to North Korea. 2004. Rabinder Singh, director RAW fled to US with sensitive documents. Dr Y S R Parsad helped Iran in building nuclear power plants. Dr C Surrender helped in transferring missile technology to Iran. Dr Mahesh and Mr. Panth helped Iran in enrichment technology of Uranium. June 2004. Akhtar Hussain Qutbuddin Ahmed, an Indian businessman working in Dubai was deported, on charges of selling India’s nuclear secrets. Nov 2006. Director of Uttaranchal Space Application Centre, Dr Anil Kumar Tiwari was shot dead by an unidentified person near his residence. Mar 2007. FBI arrested two Indians, P Sudarshan and M. Gopal for smuggling of US electronic components used in missile guidance system. Mar 2009. Ravi Mule, an employee of Nuclear Power Corporation of India was found killed under mysterious circumstances, while on morning walk.
If after indulging in such gross cases of nuclear proliferation, irresponsibility and discrepancies, India remains the darling of the west, then the yardstick for measuring proliferation is suspect.
Sultan M Hali

Sunday, November 29, 2009

Bruce Riedel strikes again

After Bruce Riedel's May 30 irrational Op-Ed Pakistan and the bomb in Wall Street Journal, which was cogently refuted by this scribe and Naeem Salik, separately for its conjectures, it would have been fair to assume that Mr Riedel would have let the matter rest. However, Naeem Salik explains Riedel's grouse against Pakistan in his Op-Ed Riedel and the Pakistani bomb: "He came to Pakistan as part of Strobe Talbott's team in an emotionally charged atmosphere after the Indian nuclear tests in May 1998 on an impossible mission to persuade Pakistan from following suit. Unfortunately for him and his team, they were meted out very roughshod treatment by senior Pakistani diplomats and he still carries the scar of that experience." Apparently Mr Riedel's agenda is beyond settling personal scores with Pakistan. His lure for India is expressed in his Op-Ed Breaking more naan with Delhi: the next stage in US-India relations. Like a teenage lover smitten by the charms and guile's of a brazen paramour, he blurts out: "We are now at the cusp of another great Western adventure with India. Visions of fabulous new markets for everything imaginable are again entrancing businessmen and entrepreneurs around the globe. Some of the statistics are indeed amazing. With a population of over a billion, Indians are a sixth of mankind. More than half are under 25 years of age. India has enjoyed growth rates of 9 percent and 9.4 percent in the last two fiscal years, and its economy is now the third largest in the world in terms of purchasing power parity. Moreover, the lure of the Indian marketplace is complemented by the attraction of its politics. India is the
largest democracy in the world and since independence has had a history of freedom almost unique in the post-colonial world." Now it is clear why Mr Riedel has become India's spokesperson. Thus his 4,374 words long tirade Armageddon in Islamabad carried by July/August 2009 issue of The National Interest should not come as a surprise. Its editorial gist is: "Don't be fooled by the recent positive news from Islamabad. We face the potential of a nuclear-armed state run by Islamic extremists. The head of Obama's AfPak policy review shows us the devastating consequences of a Taliban-led takeover of Islamabad."

Riedel compares the situation in Pakistan to Armageddon; which is mentioned in the Bible's Book of Revelation in the New Testament at Rev 20:1-3, 7-10; Rev 19:11-20. According to traditional interpretations, the Messiah will return to earth and destroy the Antichrist at the Battle of Armageddon. Like a "fire and brimstone" preacher, using a misplaced quote from Pakistan's martyred former PM, Riedel paints a gloomy picture of the Taliban taking over the reigns of the government in Islamabad. He talks about the terrorist leaders tapping into the "deep anger among the landless peasants" and anti-landlord agitation sweeping the government from power. Mr Riedel's blinkers have prevented him from observing that such a movement is prevalent in India at the hands of Maoists/Naxalites and not in Pakistan. He goes on to infer that since many in the Pak Army favour jihadists, "a deal with an Islamist movement would be attractive." He further conjectures that disaffected parts of PML-N and PPP along with LET and Taliban would form the new government. Bin Laden, Mullah Omar and Al-Zawahiri would be welcomed to come out of hiding. "Large numbers of educated and Westernised Pakistanis would try to
flee a new Islamic Emirate of Pakistan. They would find it difficult to find a port to take them..." Mr Riedel's fertile imagination maliciously postulates purging the army and ISI of secularists and setting up "a new military force to act as a counterweight to the regular army, akin to the role of the SS in Nazi Germany or the Revolutionary Guard in Iran."

The "erudite" scholar's flight of fancy comes to nightmarish conclusions: "In the end, we would be left with an extremist-controlled Pakistan, infested with violence, an almost completely dysfunctional economy, harsh laws and even-harsher methods for imposing them, and above all a nuclear-armed nation controlled by terrorist sympathisers." He then depicts a doomsday scenario of the terror unleashed by the use of nuclear weapons, with Israel "coming into the Emirates crosshairs as a major target." He warns that since Pakistan does not have delivery systems capable of its nuclear weapons reaching America, it could certainly destroy cities and bases in Afghanistan, India, the Gulf States and, if smuggled out ahead of time, perhaps the US.

The remainder of the Robert Ludlum/Frederick Forsyth/Heather Graham/Brad Thor style thriller is dedicated to recommending actions by USA to preempt/deal with such a grim situation. He rules out engagement as nearly impossible under the plea that "Islamabad would have no faith and little interest in any dialogue with Crusaders and Zionists." The options recommended are far-fetched and harsh ranging from regime change by a coup or naval blockade to outright invasion. Of course he does present the pros and cons of each option but leads to the ultimate coup de grâce: "Our goal should be to convince Pakistanis that the existential threat to their liberty come not from the CIA or India, but from Al-Qaeda."

Let me borrow from Euripides (480-406 BC), the Greek playwright whom Aristotle called the most tragic of the Greek poets, who said: "Whom the Gods destroy, they first make mad." Surely the terrorists, who are targeting Pakistan have gone stark raving mad, but the response of the Pakistani military, under the guidance of the democratically elected government is anything but "reluctant" which Riedel suggests. The people of Pakistan, its government and the Parliament are in unison for rooting out the evil of obscurantism, extremism and terrorism.
Surely good will triumph over evil, not in the way outlined by Riedel with reference to Armageddon but in accordance to the Qurànic injunction: "Despair is anathema for the righteous!"

S M Hali
(sm_hali@yahoo.com)

Tuesday, November 24, 2009

Military must win endless war

Since September 11 (2001), Pakistan military has been engaged in a complex war against foreign backed militants in different parts of the North West Frontier Province (NWFP) as a part of the global war on terror. Already it has 110,000 troops in the war-torn areas and countless para-military forces also conducting operations to defeat the enemy of the country’s security. In reality, the present war is likely the most problematic crisis in Pakistan’s history. It is a morally ambiguous conflict from the start, ostensibly a war against foreign and social subversive elements which are trying to damage the integrity and sovereignty of state, system and society. The military elites have awareness that present war or crisis is not an isolated incident but it is a crime committed on a day-to-day basis by foreign trained militants and impossible to describe exactly what happened in troubled areas. It is not easy to explain emotions and feelings of victims and the feelings of the families who suffered severe experiences in the on-going crisis. Simply, militants relived the absolute horror in all areas where military and militants’ confrontation is in its final stages. The brutal and tragic treatment of militants with the armless and helpless people is still alive in many minds that at times when militants raped women, cut off ears, cut off heads, taped wires from portable telephones to human genitals, blew up bodies, randomly shot people, razed villages in fashion reminiscent of Ghengis Khan, and generally ravaged the towns. The militants are product of India, the United States and Afghanistan and targeting innocent people, destroying villages, schools and public property in order to create ungovernable situation. So, the militants’ action of war is rife with paradoxes but now it has become the war of country’s survival. People are right to comment that the participation in the war was poorly defined and after eight years (2001-2009) surprisingly, a profound sense of confusion still pervaded in the entire conflict. There is no doubt that Pakistan military has bailed out the civil government and presently they are playing their role from the larger context of the new Cold War. Ever since the incident of 9/11, Pakistan is in the midst of a struggle to protect national security and national cultural, political and ideological values and also struggling that the conflict should not spread or expand to other parts of country. The enemies of the country escalated conflict in a way that there is no option to avoid from emerging threats which become more serious through proxy forces. The unfortunate situation has appeared that some enemy’s friends propagated against the role of military in Pakistan but majority of population are fiercely proud of backing military because they want that their forces must eliminate paid militants and are willing to fight against foreign elements for the solidarity of country. There is no doubt that India, Afghanistan and the US left no option to antagonize Pakistan’s integrity but credit goes to the military which is playing a role in extreme difficult circumstances than any other country had faced in the past. Moreover, the situation is not usual tentative dance of brinksmanship with the enemies and military leadership is determined to face courageously the imposed environment as well as US intervention. The people have enough trust and believe that the country’s forces with its professional commitment would save the people and country’s sovereignty from any serious disastrous or oppression. The civil-military leadership used all diplomatic and non-diplomatic options to prevent escalation of war and drones bombing campaign, which has killed many innocent people and also destroyed countless homes in North and South Waziristan. The evidence is available that since 2002, the US has used more than 700,000 tons of bombs on the tribal areas (FATA), more than all the bombs dropped on Europe and Japan during World War II. The ultimate human cost of the tribal areas is staggering for all sides: an estimated 8,000 tribal people, 1800 Pakistan military Jawans (soldiers) and officers and only 300 US soldiers have been killed and injured. The “War on Terror” has also a tremendous impact on Pakistan’s society, which are more serious than the ten years long (1979-1990) Afghan war. The country is facing various socio-cultural, political, strategic and economic problems and distrust on the government have been a mainstay of society. So, the time is not far away when the war will figure prominently in Pakistani culture and literature and it will be one of the most potent symbols of national loss. In larger part it is the first war in which Pakistan is facing multi-dimensional threats to its security and the country forces are playing significant role in the war, especially in the arena of great and regional (Indo-US alliance) powers. The people of areas concerned, photographs, videos, and opinions of journalists, coupled with the simple fact that young army personnel are dying for the country’s soil and committed to fight to achieve the desired end to reestablish the writ of the state. Moreover, army has full support of local people and tribal elders (Maliks or Khans). They have urged the army to use power to flush out foreign backed and local militants from their territory. The most satisfactory omen is that Pakistan’s armed forces are well-equipped and trained to fight any war. They have shown their professional ability as international peacekeepers and also demonstrated in the most recent war. So, the military has the capability to move forces anywhere and defeat adversaries in relatively short period of time with relatively low casualties. They are able to conduct operations against the militants and hidden enemies. However, the time will come when our forces will defeat enemies and they will win war for the survival of country and the nation. Thus, the massive drive has been launched to free the country from militants siege and there seems to be no reason that the army cannot win war. So, if the present determination will continue and that will is manifested in strategy and tactical operations then enemy will suffer and face devastating defeat. No matters about the number of casualties because there is a need to absorb in order to achieve victory. According to Paul Johnson (renowned historian), “the experience of the 20th century shows that self-imposed restraints by great power are worse than useless. They are seen by friend and enemy alike as evidence of guilt and of lack of moral conviction.” In my opinion, the “war on terror”, strategically and politically gain tremendous achievements but it perceive that Pakistan lost war on the propaganda battle, at home and abroad. It is also reality that the most powerful country in the world (USA) did not have the will-power to meet the situation and it is the Pakistan army who was whole-heartedly fighting against many random targets. However, the United States does have a role to play in helping Pakistani forces to cope with the current situation and become a successful nation. That role may even be in the form of facilitating to curb militants through training and material support. They should also provide drone technology, logistics support and communications capabilities. In this regard, they must avoid sending ground troops to the tribal (FATA) areas not because the US should not help Pakistan but because sending American troops is not the best way to help rather than it will be a worst decision. Nonetheless, Pakistan cannot afford long war because it will be simply pointless as well as one of the most fruitless bloody mess. It is also much longer and more intense than any previous conventional conflict in the region. It will be disastrous if the war was turned into one of the longest conventional wars of 21 century from the standpoint of achieving no objectives. Moreover, it must be remembered that a military victory is the only option for permanent peace and lasting political solution. The world experience tells us that a “war for peace” approach inevitably means more war for absolute peace. However, once violence will be longer then the cost will be high but military should ensure minimum loss to life and damage to property. The military leadership also carefully handles the situation because the “war on terror” should not become part of Pakistan’s national psyche, characterized by self-doubt and self-blame with profound implications regarding the current War on Terror.

A Z Hilali (A Z Hilali is professor of IR and Political Sciences on the faculty of National Defence University Islamabad hilali007@yahoo.com)

Saturday, November 21, 2009

A new spring in Swat

“We are not the Afghan refugees. We were living a better life in Swat. We are eager to go back to our homes; we are the Swatis.”
I remember the remarks of a young man Mukarram Khan who met me in a refugee camp for internally displaced persons of Swat near Islamabad. These remarks made me believe strongly that these people of Swat would one day succeed in getting their homes back from the cruel clutches of the terrorists; it all was about a month ago. Now it is the second half of July. The IDPs have started returning to Swat. Though this returning of the natives is a very long and tedious process and the life there in Swat might not be as comfortable for them as it used to be in the past but the feelings of being at home are always pacifying and soothing.

The IDPs surely had to face hard times during their stay at the refugee camps. The government of Pakistan did its best for making their stay much easy and less painful in spite of its limited sources. The people of Pakistan also played a very memorable role while hosting these displaced Pakistanis. The role of different NGOs and the media, particularly the electronic media has set new examples of patriotism and love for humanity. All these helping hands very warmly joined together to show the world that we, the Pakistanis are a nation not a stray crowd of people.

The story of afflicted valley of Swat has yet not come to an end, the sky is still cloudy and the stormy winds are still blowing indignantly. The Swatis still need our umbrellas. The most important element which could be disastrous for the peace loving people of Swat is the possibility of another wave of terrorism in the valley. The Pakistan army has decided to stay there in Swat for the time being to support and strengthen the local administration but the overall responsibility of keeping the extremists out of the valley falls on the shoulders of the local people. They will have to take care of their own security by keeping an eye on their surroundings.

Returning of life to the normal in Swat is certainly not something very pleasing for the forces who have always been dreaming of destabilizing Pakistan. The CIA, the RAW and the Mossad have been strongly supporting the miscreants in Swat as per planned in the recently exposed Operation Blue Tulsi. According to details this operation was planned to destabilize Pakistan by balkanization. Whatever happened in Swat was the outcome of this operation. Just a few days back the security agencies of Pakistan recovered a lot of weapons which bore the Indian stamp. Some of the arrested culprits told the investigators that they were rewarded in US dollars and even in Indian currency for what they had been doing to please their masters.

Now it is the second half of July. Things are changing. Those who were dreaming of changing Pakistan into a barren wasteland have gone somewhere in the depths of inferno. Some of them have fled to the lands they belonged to and the remaining are lying injured searching for someone to take care of them; they have nothing around but a pathetic and miserable shadows of death. Of all these culprits the most dangerous are those who have gone to their masters’ laps. Their benefactors would certainly try their best to give them a new zeal of life and ask them to go back and complete their assignments. The people of Swat will have to be very much conscious of their expected activities. However, one thing is very much positive that so many young accomplices of these so-called extremists have realised the real face of their leaders. They have found the truth that these extremists are in fact terrorists and they have nothing to do with religion. That is why most of such youngsters have said good-bye to their leaders. They say that they were exploited in the name of religion and they feel sorry for cutting the throats of their own Muslim brothers. Recently Fazlullah Farooq, the son of Maulana Sufi Mohammed of Tehrik-e-Nafaz-e-Shariat-e-Mohammadi (TNSM) said talking to a media channel that he has cut off with his father and all his activities. He declared that he has nothing to do with the TNSM or the Tehrik-e-Taliban Pakistan (TTP). It is the high time to take such youngsters into confidence and make them realise of the role they could play in the rehabilitation of the people of Swat. The police department in Swat should also be given special attention. New and more funds must be allocated for their training and for the provision of latest weapons. Pakistan army must not leave the valley unless until things return to the ultimate normal.

The bloodshed in Swat was a bloody nightmare. So many innocent lives wasted for nothing. Mothers lost their sons, the children became orphan and women widowed. Swat, once a paradise for the tourists, is now presenting the picture of human cruelty and brutality. Lush green fields have turned into the heaps of ashes; fruit laden trees are mere lifeless skeletons and the river waters tinged with the smell of human blood; all was done in the name of religion. But it does not mean a full stop to life. The Pashtuns are a very hard nation. They have a lot of forbearance and a very strong stamina of defeating the hardships. They can easily overcome all the forces going against them. All they need is a strong support from the nation. The NGOs and the prosperous segments of society must lend them a helping hand. The most important thing not to be ignored is the reconstruction of educational institutions which had been the hot favourite target of the miscreants. For this purpose the government of Pakistan must take revolutionary measures.

Bad weathers are an integral part of life. Always a plain sailing deprives life of a very charming colour; the colour of adventure. Successful are those who have courage to face the challenges around them with determination. A hard journey becomes less tiring and less painful if the trees along the path are comforting and welcoming. The people of Swat are determined to bring back the beauty of their paradise but they need the shadow of prayers and well wishes from the whole of Pakistani nation.

Ali Sukhanver
Email: alisukhanver@hotmail.com

Friday, November 20, 2009

Commemorating Black Day in Kashmir, Silent Agony

If I die in exile, think of me…there is a corner… out there in Kashmir…where my soul sill comes to rest.

History is mother of all social sciences. In short, the knowledge of history is made of billions of strands woven together of human achievements, suffering, economic prosperity and downfalls. It is a catalogue of political rise and fall of various regimes, detailed accounts of various wars and pacts of alliances. It is also a reflection of rejoicing or triumphant moments of happiness and tragic episodes since ages. In the chain of events, the sacrifices made by the 22 Kashmiri Muslim on July 13, 1931 proved a turning points in the annals of major historic developments that subsequently erupted like a volcano of pent up public anger. The wounds, it inflicted still bleed and are posing critical risks to the regional and world peace, even after the passage of 77 years. The pulse and pain of the bygone days still haunts Kashmiris’ spirit, when this black day is commemorated with the same zeal to pay homage to their heroes. Special editions, published by the Newspapers and magazines, full of memoirs about martyrs’ sacrifices hold the torch of valiant deeds to inspire every youth of the Kashmir Valley.

Good old days in Kashmir or a blissful aura during the Muslim rule in India has left its indelible imprints on the Kashmiris’ reminiscence – a glory of most fascinating tradition of complete harmony during Muslim and Sikh rules. As the time passed, the insurrection and rebellious movements sowed the seeds of communal sentiments. The silence of Muslim majority reeling under the economic dominance of Maharaja Hari Singh, forced them to remain subjugated and yoked with indignation. They perhaps had no other choice except to bear this silent agony due to multitude of other factors e.g. trauma of over-whelming British rule, lack of unity among various factions, leadership dilemma, culture of intrigues, complexity of relationship among various ethnic and religious entities, double standard of the ruling elites and certain religious bodies like Ahmadis, sheer poverty, impending fear of unknown and mist of skepticism that helped the rulers to keep their subjects firmly under their thumbs.

During this most ordeal moment, Muslims bore this silent insult, with patience; not knowing what all conspiracies are being hatched. Their sixth sense, a virtue of Almighty Allah transcended, what all was being conspired against them. A stage reached, when trouble mongers and power hungry oligarchs set on fire Kashmir, every now and then with dubious motives. The recent jargons of track II or back channel diplomacy, plans of creating soft borders, placing Kashmir under the UN trusteeship and of finding some amicable solution, prescribed by the United Nations during 1948, through plebiscite are nothing but to betray the Kashmiris, or dupe the people of Pakistan. This is the jugglery of political spin-doctors, to steal the show of freedom movement under one pretext or the other to set the regional peace in tail spin once again. .

The tides of events, narrated above, took a strange turn when on 19 April 1931, Choudhri Ram Chand banned the Eid and Juma Prayers’ congregational address in Jammu. Later on, Dogra troops indulged in the desecration of the Holy Qur’an. In Srinagar, people demonstrated against growing tendency of blasphemy practices and demanded appropriate action against the culprits. To register their feeling against the ongoing government policies, a public meeting was organized in Khankah-e-Mo’ullah in Srinager. During its proceeding one Qadir Khan – a cook/ servant employed by one of the ruling families, pointed toward Maharaj’a official residence and angrily shouted with full throat to crush every brick of his palace. He was arrested, charged under the sedition act and locked up in the Central Jail of Srinager. On July 13, 1931, around 5000 people thronged to the Central Jail to watch the court trial, which were arranged there, in view of impending threat of Muslim attack on the court premises. On the orders of Dogra Governor, police contingents opened indiscriminate fire that resulted into the martyrdom of 22 Kashmirs, while dozens of other sustained injuries. Carrying the coffins of the dead and the injured, angry protestors paraded through the highways and streets of Srinagar, chanting slogans against the Hindu Dogra misrule. This tragic episode precipitated into `Quit India Movement’.

Muslim martyrs of Kashmir laid the foundation of freedom movement to make the independence of India a reality with their own blood. It is significant to mention that Indian media campaign against Pakistan, over the change of heart of Kashmiris is in fact an attempt to turn public sentiments against our leaders by creating disillusionment among youth, by harping on the theme, such as dichotomy of words and deeds of our rulers – which in reality is a product of different anomalies, lack of confidence, double speaks or standards of have and haves-not, poor governance, prevailing injustice and total hotchpotch created out of selfish and eccentric outlooks, due to capitalist bent of mind of decaying social values. The side of story being painted by the Indian intellectuals, in reality, paints far more agonizing picture in India than Pakistan. But the young readers are shown only one side of the picture for their brain-washing and radicalization. It is like a drop of rain gushing into the streams to join the furious flood to create havoc with all its fury and devastation. It is time for our media managers to highlight the inner dynamics of Indian society to dispel negative bearing of Indian blame game and keep the valley freedom movement in its true perspectives.

By Ibn-e-Rehmat

India’s wishful thinking

P.K. Upadhyay, a Consultant for its Pakistan Project, with the Institute of Defense and Strategic Studies and Analyses (IDSA), an Indian think tank, has come up with his latest report titled: ‘Talibisation of Pakistan: Implications for Jammu and Kashmir’. He claims that the Taliban represent a present and clear danger to Pakistan. This is because, firstly, they seem to have finally lost faith in Pakistani commitment towards their cause and are not willing to accommodate any more its policy of running with the Talibani hare and hunting with the American hound. Pakistan’s continuing failure to either come out of the US-led ‘War on Terror’ or at least prevent drone attacks from its soil, has convinced the Taliban–-Pakistan, as well as, perhaps, Afghani ones—that whether under a military regime like that of Musharraf’s or under a civilian set-up like the present Zardari/Gilani one, Pakistan has no desire to give-up the American financial and military goodies for jihad, which they seem to have concluded, is an expendable commodity for the Pakistanis.
He infers that it is no surprise that Mustafa Abu al-Yazid, alias Abu Saeed al-Masari, al-Qaeda Commander in Afghanistan has recently spoken of his hope that “Pakistan Army would be defeated (in Swat) and that would be its end everywhere.” Secondly, he continues to conjecture, Taliban, and the al-Qaeda, have a clear Islamist agenda, which is to introduce a strict Shariat-based order. It spares no quarters for such hybrid Pakistani ideas as ‘Islamic democracy’, exemplified by concepts like Nizam-e-Mustafa. They seem to have assessed that a large number of Pakistanis support their call for a strict Shariat-based Islamic order and that those who oppose it could be tamed. Therefore, they have begun to call their current conflict with the ‘oppressor Pakistani Army’ a ‘jihad’.
The “erudite” scholar’s punch line, putting words in the mouth of the al-Qaeda commander in Afghanistan Abu Saeed al-Masari, is wishful thinking that the Pakistan Army would be routed in Swat, which would spell its annihilation. To support his flight of fancy, he surmises: “Between 2001 and 2007, there have been many ‘confrontations’ between Taliban and the Pakistan Army. On many occasions, the Pakistani media showed ‘columns’ of Pakistan Army moving into FATA areas to ‘quell’ the Taliban. However, nothing much was heard of those operations subsequently and there invariably were truce deals brokered by one or another mediator between the two sides.
Then there was also the case of Maulana Akram Awan of Chakwal, Sheikh of the Naqshbandiah Owaisiah order, threatening to lay siege to Rawalpindi in April 2001, demanding the imposition of Shariat in Pakistan. He was also supported by some former Army officers. General Musharraf had to negotiate with the Maulana and assure him that he would try to accommodate his demands in return for the former pulling out his men from Rawalpindi.” Mr. Upadhyay could not be further from the truth, since the Pakistan Army has already mopped up most of Swat and is fighting a grim battle to clean up FATA of the miscreants. Indeed the Pakistani Army is engaged in a struggle in which it has displayed extreme valour, especially its officer cadre, which has made the supreme sacrifice of its life in the line of duty. Various analysts have pointed out that this is the highest ratio of officer/soldier casualties in any war anywhere on the globe. This by itself depicts the obligation and commitment of the Pakistani Army, the courage, bravery and the audacity of its planners and fighting arms. It is surely destined for victory.
The other aspect which Mr. Upadhyay, speculates is the implication of terrorism in Azad Jammu & Kashmir. Indeed the AJK has been peaceful and devoid of terrorist activities till the June 26, 2009 event, when this threshold was crossed by a “pro-Taliban suicide bomber”, who blew himself-up in Muzzafarabad’s Shaukat Lines, killing two Pakistani soldiers and wounding three others. Hekimullah Mehsud, a Pakistani Taliban leader claimed responsibility for the attack. Mr. Upadhyay states that apparently, Pakistan Army establishments in AJK are ‘soft’ targets for Taliban and one may expect an increase in the number of such attacks on them in the days to come, in tandem with the Pakistan Army’s increasing pressure on Taliban in FATA and other areas.

Perhaps the informed scholar knows something, which we do not. The knowledge he is apparently privy to is that India, which is reportedly sponsoring the miscreants in Swat and FATA, exasperated by the trouncing its surrogates have received on these fronts, now wants to open a new front in AJK through its infamous spy agency RAW in an attempt to destabilize Pakistan. Mr. Upadhyay “concludes” tongue in cheek: “There have been reports in the past about the presence of Pashtun gunmen in various parts of the Kashmir Valley along with local militants. An ‘al-Qaeda Jammu & Kashmir’ materialized after the July 2006 Mumbai train attacks. Taliban coming into J&K (Indian Occupied Kashmir) is not unthinkable. Whether they come or not, India has to gear itself up to deal with the situation by encouraging a build-up of Kashmiri Sufi sentiments—the Kashmiriyat-– as an antidote to religious radicalism of Taliban variety. This exercise, if successful, could pay rich dividends by strengthening Kashmir’s bonds with the rest of the country, whether Taliban come or not.”
Indian state terrorism has already wreaked havoc on the lives of the Muslims in Indian-held Kashmir; it has reneged on its promise to the UN to adhere to UN Resolutions to hold a plebiscite for the Kashmiris to decide their fate and instead turned them into cannon fodder. In the process it has massacred nearly a hundred thousand of them, raping their women, wounding and maiming millions and burning and looting their property. The world has remained oblivious to their plight. Now the harbingers of doom and gloom of the Saffron brigade want to repeat their atrocities and war crimes in the erstwhile peaceful valley of Azad Jammu and Kashmir. This should be taken full cognizance of and thwarted with might.

Sultan M Hali

E-Mail: sm_hali@yahoo.com

Tuesday, November 17, 2009

Fiction and facts

Going by the conjectures of the US think tanks and contradictory statements by members of the US administration - some using all the superlatives for Pakistan and the others resorting to accusations and vitriolic that tarnish Pakistan’s image, one could draw the conclusion that this is being done to keep the Pakistan leadership guessing about their insidious plans. Bruce Riedel, a former CIA officer and at the present a senior fellow at the Saban Center for Middle East Policy at the Brookings Institution who had chaired an inter-agency review of policy toward Afghanistan and Pakistan for the Obama administration in his essay published on 23rd June 2009 in ‘Council on Foreign Relations’ wrote: “A jihadist victory in Pakistan, meaning the takeover of the nation by a militant Sunni movement led by the Taliban, would have devastating consequences. It would create the greatest threat the United States has yet to face in its war on terror. Pakistan as an Islamic-extremist safe haven would bolster al-Qaeda’s capabilities tenfold”.

Throughout his above essay, Bruce Riedel uses his wild imagination to create situations based on fiction, sets premises and draws his conclusions. He goes on to say: “To secure power, the Taliban - currently concentrated in the tribal areas west of the Indus and all along the border with Afghanistan - would need to move east. This would take them from the Pashtun-dominated regions into the Punjabi heartland, where they need to gain significantly more support”. Earlier, India, the US and the West had been trying to portray Pakistan as a state that might collapse and terrorists could lay their hands on Pakistani nukes. But seeing that Pakistan’s armed forces have demolished the infrastructure and network of the Taliban in Swat and Malakand, and are poised to take on militants in Waziristan, the US think tanks now suggest that Pakistan government should focus on extremists in Southern Punjab, which they consider a bigger threat than the Taliban in Swat and elsewhere. Anyhow, the US has the penchant for controlling Pakistani nukes but Pakistan has frustrated the plans by conducting operation against militants.

Against this backdrop, the report in national English daily that the US plans to have a bigger presence in Pakistan in the pursuit of its strategic interests in the region has raised alarm in public and government circles. The report said: “The two most obvious indications of US intentions are the upcoming large-scale staff surge at the Islamabad embassy, which includes hundreds of marines, and the massive expansion work at the embassy premises”. Some of these reservations were expressed by former foreign secretary Shamshad Ahmed Khan who said indications were very clear that America wanted to “remote-control” the region from Islamabad. A former diplomat was also reported to have said: “Clearly these are people who would be coming under cover of diplomatic assignments for covert operations that would be detrimental for Pakistan’s security interests.” If this report is authentic then there is cause for alarm because it would annoy Pakistan’s friends like China that are already wary of increased US presence in the region.

Three weeks ago, national English daily in its editorial had written that American diplomats in Islamabad keep roaming free on the city roads armed with guns and revolvers and in cars bearing fake numbers. Some of them were caught but were let off the hook on the basis of diplomatic immunity. One could question as to what right they have to flout the laws of the land? Pakistan is ally in war on terror, nothing less nothing more. And if the US had given $10 billion over the period of 8 years, it wasn’t a big deal, as a major part of the funds for war on terror was in fact reimbursement of the expenses incurred on logistics for 100000 Pakistani troops deployed on Pak-Afghan border. There are 50000 US and NATO troops in Afghanistan and the US spent $250 billion during the last 8 years, whereas it gave Pakistan only $ 10 billion during this period that too on verification about the progress made and number of terrorists killed in the operation. The government had calculated the financial loss incurred by Pakistan since the time it joined the war on terror, which is more than $39 billion.

Despite having given sacrifices in men and material, Pakistan was accused of diverting the meager funds the US gave for buying weapons that were India-specific. They had joined the chorus with India to take action against those who were behind the 26/11 Mumbai terrorists’ attack, but would not like to persuade India to stop training and funding insurgents in Balochistan and FATA. Well-informed sources have said that Pakistan’s political and military authorities have handed over substantial evidence to its allies, the US and NATO, regarding India’s links with Baitullah Mehsud and provision of aid to him through Indian consulate in Afghanistan. Holbrooke however assured Pakistan of taking up this matter with India at diplomatic level. Afghan government was also told to stop using Indian consulate against Pakistan. But Holbrooke said the other day that Pakistan had talked to him about Indian involvement in insurgency in Balochistan but he was not provided credible evidence.

The New York Times reported on Wednesday that Pakistan linked its action against the Lashkar-e-Taiba with New Delhi ending its covert operations in Balochistan. The report said that in conversations with the Obama administration, Pakistan’s army chief indicated that India needed to stop meddling in Balochistan in return for Pakistan’s actions against the Lashkar. We do not know the authenticity of these reports because there is so much deceit and deception that it is difficult to differentiate between facts and fiction, and truth and lies. Anyhow, if Pakistan has linked Pakistan’s cooperation with India’s cooperation to stop funding and training insurgents in Balochistan, it has done the right thing. In fact, Pakistan government should have made it clear right from the beginning that if India would not stop its covert operations then Pakistan would pay in the same coin. India has to realize that if it becomes part of any sinister design to destabilize Pakistan, then India would not remain as a cohesive unit in its present shape.

Though India faces separatists’ movements in about a dozen provinces together with threat from Maoists and the situation is more dismal than Pakistan yet western media suppresses these facts. The difference lies in the imaginative approach of the Indian leadership and its think tanks who has unleashed propaganda that Pakistan is on the brink of collapse. They in cahoots with the US think tanks issued new Pakistan’s maps showing FATA and NWFP and some territory of Balochistan as parts of Afghanistan. And some are working on the plan of greater Balochistan. But India is also aware of the consequences if it goes too far, which is why India’s finance minister Pranab Mukherjee has recently said that India cannot erase Pakistan.

But Pakistan should not lower its guard on the basis of such statements and should gird up its loins to meet any eventuality. It would have been better if Pakistani think tanks had come out with the maps showing how India would look like after its disintegration. They could have shown Bombay, East Punjab and Kashmir as parts of Pakistan.

Mohammad Jamil
Email: mjamil1938@yahoo.com

Friday, November 13, 2009

Defeating the Taliban’s Ideology

Over the years, the Taliban have polluted the minds of their incarcerated people to an extent that they feel pride to explode themselves for the anonymous remuneration, promised to them by their gurus.
Taliban get hold of three categories of the people. The first group comprises children from 8 to 12 years. Being soft targets and easy to be motivated, Taliban initially brain wash them and then use them for their nefarious designs like suicide attacks, bombing and for fighting against security forces. In term of finances, they spend very less on them and can easily get them either from Madrassas , in the attire of Islamic teaching or failure to these, through abduction or forceful snatching from their helpless parents in their areas of influence. Another group is of the youth over 1 years of age bracket, mostly who have neither resources enough to continue their studies nor could get any employment. And the third group is of the grown up people having over 25 years of age. They are either religiously motivated or being jobless, thus lured in by the Taliban. These two groups are offered good pay packages by the Taliban and in return are used the way desired by them (Taliban). Either under the erroneous motivation in the garb of religion or else because of the financial benefits, they are used for terrorism of all sort by the Taliban. With the passage of time the thought process of these militants become so harder that they cannot be reverted back to their normal lives and even if they desire, would be eliminated by the Taliban. They adopt tone and texture as per their trainers with the determination to achieve the objective desired by Taliban, following their ideology. They are being taught that, Taliban are the true Muslims and very soon there would a Taliban government in Pakistan and elsewhere in other Muslim countries. The bottom line of the Taliban ideology is that; every act of the Government of Pakistan, starting from its constitution, judicial system institutions, Armed Forces and other organisations are un-Islamic and whatever Taliban are doing is the true Islam. With this theme, they publicize their ideology through repeated brain washing of the youth. In 99 % cases the implementers (suicide bombers and other militant fighters) do not even know the real clout at their back and that what they really yearning for while using them for various terrorist activities. These brain-washed people blindly follow their gurus' whose teachings are absolutely contrary to the philosophy of Islam. As far as teaching of Islam is concerned, it is a religion of peace and love for human beings. Indeed this great religion teaches harmony and forbearance and orders its believers for a compassion and justice; thus "Islam and terrorism cannot stand side by side". Islam forbids terrorism and aims to bring peace and security to the world. Not only Islam, but as a matter of fact, no divine religion permits terrorism and violence if interpreted in its essence. The Holy Quran says: "If someone kills another person - unless it is in retaliation for someone else or for causing corruption in the earth - it is as if he had killed all mankind". Thus, the teaching of Islam is that, 'a person who kills even a single man indeed commits a crime as if he had murdered all mankind on earth and such people will have a painful punishment' by Almighty. In no part of the Qur'an does Allah command believers to "respond to violence with violence", but commands Muslims to "respond to evil with goodness". The question arises who are these belligerent perpetrators, who in the guise of Islam undertake these un-Islamic activities. This is for sure, that they are not Muslims. And the logics for this statement are: first; no Muslim would ever kill any other human being, as directed by Holy Quran in clear wordings as quoted above. Secondly; no Muslim would ever attack other Muslims once they are offering prayers in the mosques, Eid gatherings or during any other religious congregation and during national ceremonies. Thirdly; in the areas of their sway, they brutally treat locals, men and women, which is an act against Islam. Even as per the directive of Islam, security and protection of the non-Muslims in an Islamic state is the responsibility of that state administration. Fourthly; they have been and are still razing all the educational institutions, especially of women; a practice in complete violation of Islamic teachings. As the Holy Prophet (PBUH) said; "seeking the knowledge is must for every Muslim man and woman. Fifthly; all their activities are directed against a state whose bases are on Islamic ideology. It is an Islamic state, whose constitution has nothing un-Islamic. For the bulk of Pakistani masses, until the beginning of 2009, there have been a lot of misperceptions about the true motives and ideology of the Taliban. Ill-informed masses, goaded with the spirit of Islam, perhaps thought that Taliban are fighting for the cause of Islam. But actually it was a misconception among the innocent masses of Pakistan. Thanks to media, the security forces, and the intellectuals who over the period of time unmasked their true faces, which has nothing else but anti Pakistan campaign, being played on behest of anti Pakistan forces and states. These states and forces pay huge sums of the uninterrupted financial support to the militants and also provide them with the latest weaponry and equipment. All that they intend is to internally knock Pakistan off balance and attrite its security forces through so-called religious and sectarian moves or through promotion of various sub-nationalistic sentiments all over the country, while maintaining the pressure at the international level. With all these intents of militants and anti-Pakistan forces in mind, what should be the response at the national level? Over the past few months, there is a great change in the perception of masses, which previously were under the grip of the Taliban ideology. The nation indeed has understood the true motives of these fissiparous forces desirous of disintegrating Pakistan, an objective of all those having historical enmity with Pakistan. There is an immediate need to mobilize the masses for ensuring steps like: one; creation of national integration among the rank and file of Pakistan under the auspices of the basic ideology, which provided the very basis of its creation. Two; a dedicated media campaign is needed to give true picture of the activities of the militants with documentary proofs. This would clarify the doubts of masses, if still persisting in their minds about the Taliban and their ideology. Three; an awareness should be created among the masses through elected representatives and government officials as well as through media to, "look for intruders; both locals, having militant's ideology and outsiders, who had entered or trying to enter the society" down to village or Mohallah level. This should be reinforced and reacted by instantaneous response as per the law, by the masses or at the level of local administration to get their area clear of the miscreants. Four; People especially the youth of the militancy-hit areas should be provided with employment opportunities on emergency basis. This would save them from drifting into the hands of the militants. As a corollary to that all religious Madarass be kept under strict vigilance for securing the youth studying there from falling into militants hands. Five; in all insurgency hit areas, there is a need to make available a potent quick reaction group of security forces for a rapid response against any likely militancy. Seven; considerably there is a need for an effective intelligence setup in the militancy hit areas and all around the infiltration routes. This dedicated intelligence setup should provide timely information to deal with the militants before they could be effective in the areas or grip the society with their ideology. The military operations in Malakand, Swat, Waziristan and elsewhere in the tribal region have created serious dents among the rank and file of the militants by bursting their bases and strongholds. There is growing demoralization and distrust in various groups of the militants. Taliban leaders are making serious efforts to motivate their hired people for continuation of their brutal mission of killing the innocent people of Pakistan, but facing difficulties in doing so. In a number of cases, the terrorists are voluntarily handing themselves over to the security forces. The time is ripe and the ongoing military operations against the wrongdoers must continue without any compromise until the militants are completely purged away. As in the past, the political leadership must not go for any compromise or agreement with Taliban, even if compelled by their coalition partners. Let there be an end to these anti-Pakistan forces once and for all. Furthermore, these operations must have whole hearted support of the people of Pakistan, without whom, there cannot be a success. For the purpose, people must be mobilized to stand against the Taliban ideology. After all the persons of security forces are sacrificing their lives for the comfort of the masses and Military Operations alone would not be enough to defeat the militant's ideology. In order to do away with the militancy of Taliban, a dedicated follow up is required at the joint level of; masses, media, government functionaries, elected representatives, intellectuals and Islamic philosophers to purify the minds of all those who have been infested with this anti-Muslim and anti-Pakistan ideology.
Dr. Raja Muhammad Khan
Email: drmk_edu@yahoo.com

Thursday, November 12, 2009

13 July – A Benchmark of Kashmiri Resistance

The ongoing kashmiri uprising that erupted in Dec 1989 and has maintained momentum for almost two decades is something to be greatly admired for its resilience and tenacity. It has withstood full fury of the unrestrained Indian military might and yet found sustenance to draw upon unfathomable sources of grit and determination to defy the Indian will to prevail. In this clash of wills, it is heartening to observe that it is not the Kashmiris who are buckling but the Indian Army which is disintegrating; turning its soldiers into psychiatric patients through strain of unending operations in Kashmir. One wonders what sustains Kashmiri spirit in such an unmatched contest. But history tells us that every freedom struggle has a defining moment that sets into motion the march of a people towards their destiny of freedom. For the oppressed Kashmiri Muslims of the Jammu and Kashmir this occurred on 13 July 1931. It was the day when Kashmiris, for the first time under the Dogra Raj, rose en mass and displayed an unflinching manner of defiance in quest of their rights. As many as 21 people were shot by Maharaja’s forces and the day came to be known as Youm-e-Shuhada, the martyrs’ day. 13 Jul 1931 is verily the landmark in the political movement of Kashmir and is manifest of the politicized Muslim identity that drives the freedom movement in Kashmir; even to this day.
It is one of the greatest injustices of the modern history that Kashmir, along with its predominantly Muslim population was sold by the British to Maharaja Gulab Sigh for seventy-five lac rupees through the provisions of the Treaty of Amritsar (1846). The Kashmiris got a raw deal from their rulers. The Dogra rulers paid no heed to the lamentable conditions of the masses and undertook no reforms to alleviate their sufferings or make adjustments to the change of political winds in British India. The unrest was beginning to accumulate and stir, slowly but surely as the realization began to dawn that Kashmiris’ deprivation flowed from their identity as Muslims within the Dogra Hindu Regime. The first mass expression of discontent of Kashmiri Muslims made its forceful emergence on 13 Jul 1931.
The countdown to the eventful day started on June 25, 1931 when the Reading Room Party convened a mass meeting at Khanqah-e-Muallah. The meeting was attended by over 50000 people and materialized as the biggest political congregation held till then in Kashmir. The ambience of the meeting translated into a highly charged and emotional political atmosphere, which held great promise for the oppressed souls of Kashmir. As the meeting dispersed, no one had an idea that that the event to launch a great freedom movement was at hand; but so are the designs of the providence. Suddenly a young man appeared before the crowd and mesmerized it with a stirring speech. He told them that they were slaves and that a government, which didn’t hide its contempt for their religion, ruled them. He also assured the captivated gathering about the sympathy and passion that the Muslims of the British India held in their hearts for the oppressed Kashmiris. Finally he exhorted them to rise and fight for the vindication of their honour. This young man who ignited the fire and passions of freedom was Abdul Qadeer who hailed from Amroha in U.P and was visiting Kashmir. Such a dare devil display of boldness couldn’t be let off by the Maharaja’s administration. His speech was recorded by the C.I.A and he was arrested on 25 June on charges of treason. The trial was moved to Central Jail in first week of July and public mood made it manifest that things were moving for a showdown.
On 13th of July thousands of Muslims assembled outside the Central Jail and demanded permission to enter the compound and allow Muslim reps to watch the proceedings of the trial. Authorities’ refusal to entertain these demands caused the situation to turn grave. The situation became dangerously confrontational when the crowd attempted to force its entry into the compound. Instead of handling the situation with tact, the Governor ordered the Police to open fire leading to the martyrdom of 21 people besides injuries to over forty people. It goes to the velour of the ‘Shuhadas’ that according to Mr Wakefield” the wounds of dead Kashmiris (Shuhadas) were all in front”. The violent mob then set the police quarters on fire and using the blood soaked shirt of a martyr as flag, took the bodies to the Jamia Masjid where these were kept under a vigil for the whole night by the entire procession. The Maharaja clamped immediate martial law and handed over the city to the army, which encircled the Jamia Mosque. The standoff continued until Shuhada’s were buried in the compound of Khanqah-e-Naqshbandi on the third day of the incident amidst heart-rending incidents of devotion and inspiration. The entire population of the city had assembled to bid its salutations and homage to its heroes. The site of these graves has come to be known as Mazar-e-Shuhada where every year on 13 July, Muslims from all over Kashmir gather to dedicate themselves to the cause of freedom and honour.
The spilling of Kashmiri blood on 13 July, to lay claim to their political rights as a community, made a singular contribution towards the evolution of the freedom struggle in Kashmir. Blooding of a docile people broke the collective spell cast by the tyranny suffered in silence through centuries and underscored the power of sacrifice and character for securing the ideals of independence and freedom. The 21 martyrs of 13 July blazed a trail of glory that, ever since, has inspired the generations of Kashmiri youth to follow in their illustrious foot steps.
Momin Iftikhar

Kashmir is Bleeding

Almost half a decade back, while passing through the Garhi Dopata, Hattian and finally Chokati Bazar of Azad Jammu and Kashmir (AJ&K) to attend a briefing being given by Pakistani Army authorities to journalists on Kashmir issue, I had a belief that this time we are going to solve the Kashmir problem. Over a dozen vehicles in a queue, passing through the bazaars gave an impression to the bystanders on sides of the road and those peeing through their shops that the group of international and Pakistani journalists after knowing the miseries of Kashmiri people on both sides of Line of Control (LoC) would definitely go back to their respective countries and use the power of their pens to kill the issue once for ever. Where I noticed hope, I could also notice disappointment on the faces of some old aged Kashmiris, who had a clear idea that the briefing of foreign and Pakistani journalists is a routine affair and it has nothing to do with solution of long standing Kashmir conflict. They view that each journalist would come up with an excellent piece of journalistic art to stay alive in media and sell their industrial products. Many years after this briefing, I found sentiments of old aged Kashmiris to be true as one fails to find an inch movement in the resolution of this problem. Kashmir is bleeding so are the Kashmiris but there is hardly any serious effort to unite Kashmiris on the both side of the LoC. Genocide of Kashmiris Muslims, Hindus and Sikhs is taking place at the hands brutal Indian occupying forces but the international community and media is observing as silent spectators.

The Confidence Building Measures between India and Pakistan faded away in a wave of suspicion. Mumbai attacks, which although were linked with foreign intelligence conspiracy and Maoists struggle for independence, left Pakistan and India at eye balls to eye balls position. India government claims that recently organized election in India held Jammu and Kashmir state is sufficient to find out the verdict of Kashmiri people. Isn’t India ignoring the fact that all the major political parties boycotted the elections and over and above the elections were held in the presence of bulk of brutal Indian occupying forces? How can any elections be free and fair under the bayonet of guns? The Kashmiris living in Indian held Jammu and Kashmir state are prisoners of conscience and are subjected to blackmailing and torture. It is being officially admitted by Indian government that Mujahideen’ activities in the Kashmir Valley have drastically come down in the recent months but protests during the last two months over the incidents of rape and killings of innocent Kashmiris speaks of Indian security forces highhandedness otherwise if justice was provided to Kashmiris, there could be no room for latest protests and violence. India must admit that Kashmiris are not free and are being treated by Indian occupiers as third rated citizens in their own state. The treatment of minorities in Indian held Jammu and Kashmir is also deplorable. The Indian government and Army have forcibly occupied the houses of Kashmiri Hindu Pandits and Sikhs. The have been settled in refugee camps and are not allowed to return to their ancestral land. Despite the fact that Hindu Pandits and Sikhs want to voluntarily return to Indian held Jammu and Kashmir as well as Muslim Kashmiris have given all sort of guarantees to them for their safe return, India government is not allowing to return.

When Omar Abdullah took over as the Chief Minister of Indian Held Jammu and Kashmir, he made vary tall claims and it appeared that he would ease the miseries of the Kashmiri masses but he proved another puppet of Indian occupying forces. The gang rape and murder of two women in Shopian, mysterious killing of a young man in Srinagar and mysterious death of a Kashmiri college girl, molested by a group of Indian Territorial Army Jawans in Kupwara have put a big question mark on his ability and credibility. Despite protests and violence all around burning India Held Jammu and Kashmir, local newspapers are publishing full-page advertisements highlighting Omar’s first six months achievements and there is no mention of his failures. Omar feels that by spending Rs 60-crore on road modernization project in Srinagar and Jammu cities is his successes but being a Indian occupying force puppet he cannot realize that Kashmiris want their right of self determination. In fact his government has even failed to provide justice with regard to crimes in Shopian, Srinagar and Kupwara what to expect anything else. In fact Kashmiris figured out Omar’s pain for the people of Kashmir from day one when Indian security forces shot a hearing-impaired person outside his residence at Gupkar Road two days after the oath-taking ceremony. Omar is a helpless and lifeless instrument in the hands of Indian occupying forces who has no say of his own. It is on record that during Press conference in May, 2009, while ruling out rape and murder, Omar supported the Indian official version that the two women in Shopian had died due to drowning. Even his announcement to order an Inquiry was only to establish the claim of the Indian authorities but forensic reports proved on the contrary. There is no doubt that Omar is brainwashed child of Indian intelligence but he must realize that he is Kashmiri first. There is a requirement from all Kashmiris to express solidarity with Kashmiris living on both sides of LoC. If Omar and his puppet government cannot do much about Kashmiris right for self-determination, at least they should not add to their miseries.
By: Afshain Afzal

Wednesday, November 11, 2009

More Human Rights Violations in Gujarat

Press Release
In a pattern which has become increasingly familiar in many parts of India, but particularly in Gujarat, once again in the run-up to the assembly by elections in Gujarat, a number of Muslim youth were picked up by police officials in plain clothes, illegally detained and severely tortured, before they were sent to judicial custody. The youth who were picked up by the police were:

1. Zahir Abbas Amiruddin Shaikh resident of Hathikhana Patel Faliya , Opp. Bismilla Mutton Shop, Fatima complex,
2. Usmangani Alias Nawab abdulGaffar Ansari, residing at Kalriwad, B/s. H. M. Batliwala, Fatepura, Baroda.
3. Amin Razzak Sha, residing atB/208, Richmond tower, B/h. Convent School, Fatehgunj, Baroda
4. Iqbal alias Ikku Majidbhai Shaikh, Age – 39 years, residing at 109, Rashida Apptt., Hathikhana Patel Faliya, Baroda.
5. Mustak Ismail Shaikh, 34 years, residing at Gujarat Mention building , Hathikhana Patel Faliya
They were illegally picked up by plain clothes policemen:
Zahir illegally picked up on Sep 1, 2009 shown arrested on Sep 6, 2009
Mushtak illegally picked up on Sep 1, 2009, shown arrested on Sep 6, 2009
Usmangani illegally picked up on Sep 3, 2009, shown arrested on Sep 6, 2009
Iqbal illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
Amin illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
All of them produced in the court on September 7, 2009.
They were formally presented to the magistrate after a gap of 5 or more days, during which they allege that they were blind-folded and taken into a farm-house at Sivasi Gotri Road, in Village Sindhrot and brutally tortured. The police charged them for planning to bomb the Ganesh Vijarjan Yatra and for possessing Sutli bombs and rocket launcher. Police claimed to have recovered these items from a closed hand cart . Police Commissioner called for a Press Conference on September 7, 2009 and all local newspapers flashed the news in bold headlines .
A team comprising Shabnam Hashmi, Harsh Mander Rahul Rashtrapal met family members of many of the affected youth on September 25, 2009 and Gagan Sethi and Shabnam Hashmi met with the family members on September 26, 2009. They all testified to versions of the same story: that youth invariably with no criminal records, were picked up by people wearing plain clothes, sometimes using force, sometimes taking them under false pretences. They were taken blind-folded to a farm, and subjected to torture. Family members were not informed about their whereabouts. Family members searched for them in various police stations and hospitals. After Mohdbhai Vora, the local counselor took a delegation to the DCP Rakesh Asthana, he was informed that the youth were safe and in their custody, even then he did not divulge where they were kept or why they were picked up. The same late evening some parents were asked to meet their sons at the police station. They saw them from a distance and were not allowed to talk to them. It was visible from their appearance that they were badly tortured, some of them could not even walk on their own. Police secured varying terms of police remand, followed by judicial custody. The youth were threatened with dire consequences if they told the judge about the torture. The families were threatened not to contact any one otherwise more cases will be put on their sons.
It is relevant to point out here that the alleged terrorist attack on the Ganesh Visarjan processions never actually took place, and we have only the police version, that such attacks were planned, to rely upon. The fact, that the statements of the accused were obtained under duress and torture, the whole police case and the motives behind these become even murkier.
A team constituting Rahul Rashtrapal, Dushyantbhai, Sachin Pandya and Shabnam Hashmi went to the Baroda Central Jail and met two of these youth Zaheer and Iqbal on September 25, 2009. Both youth testified to grave torture. Zaheer and Iqbal were blindfolded and taken to a farm house about 10-15 kilometers away from Baroda. They were brutally beaten up along with three others who were also arrested. All of them were kept and tortured in different rooms. The police beat them all over the body with lathis, two men stood on Iqbal’s thighs, legs stretched wide and beat him up brutally, Iqbal was given electric shocks on his waste down-words, abused using the filthiest language possible. Zaheer was stripped naked and given electric shocks all over his body many times a day. They caught him by his hair and banged his head against the walls repeatedly. Abusing him, they called him a Taliban and a terrorist, and degraded his community and mother and sisters. Zaheer’s hands were tied to the roof and he was not allowed to sleep for days.
Both Zaheer and Iqbal were not allowed to break their rozas till 11pm. The youth alleged that the police kept on forcing them to admit that they were going to bomb the Ganesh Visarjan procession and kill people. Zaheer pleaded with the police to spare him as he was innocent and he had no idea about the allegations. The policemen taunted him and said if you are tired of torture we will shoot you dead and made him run across a field all the time aiming at him to shoot him down.
The team also looked at the newspaper coverage. Divya Bhaskar’s headline read accused picked up in possession of the rocket launcher had foreign connections. Sandesh newspapers wrote: ‘When the accused used to come out of the mosque after praying he used to get into frenzy to destroy the Ganpati’
Rakesh Asthana, the Police Commissioner, Rakesh Sharma the ACP, J. D. Ramgadia. PI Crime Branch, D.R. Dhamal, PI of Baroda city, Halsika PSI SOG were all involved in this illegal picking up, detention and torture of youth.
We have also heard that the Farm House where the youth were taken and tortured belongs to a close associate of the Police Commissioner Rakesh Asthana.
We urge the NHRC, NCM and the Govt of India therefore that these grave allegations are independently investigated and the guilty police officers severely punished.
We hope suo moto action will be taken against the Police Commissioner Rakesh Asthana for flouting the Supreme Court DK Basu guidelines and for using the premises of a private farm house for illegal detention and torture. Not following these guidelines constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine
------------------------------------------------------------------------------------
D.K.Basu Guidelines
In view of the increasing incidence of violence and torture in custody, the Supreme Court of India has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:
• Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.
be counter-signed by the person arrested.
• The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.
• Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.
• The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.
• An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.
• The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.
• The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board.
These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.
Failure to comply with these requirements would make the concerned official liable for departmental action. Not following these directions constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine. This contempt of court petition can be filed in any High Court.
These requirements are in addition to other rights and rules, such as:
*The right to be informed at the time of arrest of the offence for which the person is being arrested.
*The right to be presented before a magistrate within 24 hours of the arrest.
*The right not to be ill-treated or tortured during arrest or in custody.
*Confessions made in police custody cannot be used as evidence against the accused.
*A boy under 15 years of age and women cannot be called to the police station only for questioning.
The Constitution
The Constitution of India, which is the basic law of the country, provides protection to all persons from ill treatment and torture by the police and other state agencies.
Article 21
Guarantees the right to life and personal liberty to all persons.
Article 22
Lays down the rights available at the time of arrest and detention. These rights can be enforced by directly approaching the High Courts and the Supreme Court of India.

More Human Rights Violations in Indian Gujarat

Press Release
In a pattern which has become increasingly familiar in many parts of India, but particularly in Gujarat, once again in the run-up to the assembly by elections in Gujarat, a number of Muslim youth were picked up by police officials in plain clothes, illegally detained and severely tortured, before they were sent to judicial custody. The youth who were picked up by the police were:

1. Zahir Abbas Amiruddin Shaikh resident of Hathikhana Patel Faliya , Opp. Bismilla Mutton Shop, Fatima complex,
2. Usmangani Alias Nawab abdulGaffar Ansari, residing at Kalriwad, B/s. H. M. Batliwala, Fatepura, Baroda.
3. Amin Razzak Sha, residing atB/208, Richmond tower, B/h. Convent School, Fatehgunj, Baroda
4. Iqbal alias Ikku Majidbhai Shaikh, Age – 39 years, residing at 109, Rashida Apptt., Hathikhana Patel Faliya, Baroda.
5. Mustak Ismail Shaikh, 34 years, residing at Gujarat Mention building , Hathikhana Patel Faliya
They were illegally picked up by plain clothes policemen:
Zahir illegally picked up on Sep 1, 2009 shown arrested on Sep 6, 2009
Mushtak illegally picked up on Sep 1, 2009, shown arrested on Sep 6, 2009
Usmangani illegally picked up on Sep 3, 2009, shown arrested on Sep 6, 2009
Iqbal illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
Amin illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
All of them produced in the court on September 7, 2009.
They were formally presented to the magistrate after a gap of 5 or more days, during which they allege that they were blind-folded and taken into a farm-house at Sivasi Gotri Road, in Village Sindhrot and brutally tortured. The police charged them for planning to bomb the Ganesh Vijarjan Yatra and for possessing Sutli bombs and rocket launcher. Police claimed to have recovered these items from a closed hand cart . Police Commissioner called for a Press Conference on September 7, 2009 and all local newspapers flashed the news in bold headlines .
A team comprising Shabnam Hashmi, Harsh Mander Rahul Rashtrapal met family members of many of the affected youth on September 25, 2009 and Gagan Sethi and Shabnam Hashmi met with the family members on September 26, 2009. They all testified to versions of the same story: that youth invariably with no criminal records, were picked up by people wearing plain clothes, sometimes using force, sometimes taking them under false pretences. They were taken blind-folded to a farm, and subjected to torture. Family members were not informed about their whereabouts. Family members searched for them in various police stations and hospitals. After Mohdbhai Vora, the local counselor took a delegation to the DCP Rakesh Asthana, he was informed that the youth were safe and in their custody, even then he did not divulge where they were kept or why they were picked up. The same late evening some parents were asked to meet their sons at the police station. They saw them from a distance and were not allowed to talk to them. It was visible from their appearance that they were badly tortured, some of them could not even walk on their own. Police secured varying terms of police remand, followed by judicial custody. The youth were threatened with dire consequences if they told the judge about the torture. The families were threatened not to contact any one otherwise more cases will be put on their sons.
It is relevant to point out here that the alleged terrorist attack on the Ganesh Visarjan processions never actually took place, and we have only the police version, that such attacks were planned, to rely upon. The fact, that the statements of the accused were obtained under duress and torture, the whole police case and the motives behind these become even murkier.
A team constituting Rahul Rashtrapal, Dushyantbhai, Sachin Pandya and Shabnam Hashmi went to the Baroda Central Jail and met two of these youth Zaheer and Iqbal on September 25, 2009. Both youth testified to grave torture. Zaheer and Iqbal were blindfolded and taken to a farm house about 10-15 kilometers away from Baroda. They were brutally beaten up along with three others who were also arrested. All of them were kept and tortured in different rooms. The police beat them all over the body with lathis, two men stood on Iqbal’s thighs, legs stretched wide and beat him up brutally, Iqbal was given electric shocks on his waste down-words, abused using the filthiest language possible. Zaheer was stripped naked and given electric shocks all over his body many times a day. They caught him by his hair and banged his head against the walls repeatedly. Abusing him, they called him a Taliban and a terrorist, and degraded his community and mother and sisters. Zaheer’s hands were tied to the roof and he was not allowed to sleep for days.
Both Zaheer and Iqbal were not allowed to break their rozas till 11pm. The youth alleged that the police kept on forcing them to admit that they were going to bomb the Ganesh Visarjan procession and kill people. Zaheer pleaded with the police to spare him as he was innocent and he had no idea about the allegations. The policemen taunted him and said if you are tired of torture we will shoot you dead and made him run across a field all the time aiming at him to shoot him down.
The team also looked at the newspaper coverage. Divya Bhaskar’s headline read accused picked up in possession of the rocket launcher had foreign connections. Sandesh newspapers wrote: ‘When the accused used to come out of the mosque after praying he used to get into frenzy to destroy the Ganpati’
Rakesh Asthana, the Police Commissioner, Rakesh Sharma the ACP, J. D. Ramgadia. PI Crime Branch, D.R. Dhamal, PI of Baroda city, Halsika PSI SOG were all involved in this illegal picking up, detention and torture of youth.
We have also heard that the Farm House where the youth were taken and tortured belongs to a close associate of the Police Commissioner Rakesh Asthana.
We urge the NHRC, NCM and the Govt of India therefore that these grave allegations are independently investigated and the guilty police officers severely punished.
We hope suo moto action will be taken against the Police Commissioner Rakesh Asthana for flouting the Supreme Court DK Basu guidelines and for using the premises of a private farm house for illegal detention and torture. Not following these guidelines constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine
------------------------------------------------------------------------------------
D.K.Basu Guidelines
In view of the increasing incidence of violence and torture in custody, the Supreme Court of India has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:
• Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.
be counter-signed by the person arrested.
• The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.
• Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.
• The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.
• An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.
• The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.
• The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board.
These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.
Failure to comply with these requirements would make the concerned official liable for departmental action. Not following these directions constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine. This contempt of court petition can be filed in any High Court.
These requirements are in addition to other rights and rules, such as:
*The right to be informed at the time of arrest of the offence for which the person is being arrested.
*The right to be presented before a magistrate within 24 hours of the arrest.
*The right not to be ill-treated or tortured during arrest or in custody.
*Confessions made in police custody cannot be used as evidence against the accused.
*A boy under 15 years of age and women cannot be called to the police station only for questioning.
The Constitution
The Constitution of India, which is the basic law of the country, provides protection to all persons from ill treatment and torture by the police and other state agencies.
Article 21
Guarantees the right to life and personal liberty to all persons.
Article 22
Lays down the rights available at the time of arrest and detention. These rights can be enforced by directly approaching the High Courts and the Supreme Court of India.

More Human Rights Violations in Gujarat

Press Release
In a pattern which has become increasingly familiar in many parts of India, but particularly in Gujarat, once again in the run-up to the assembly by elections in Gujarat, a number of Muslim youth were picked up by police officials in plain clothes, illegally detained and severely tortured, before they were sent to judicial custody. The youth who were picked up by the police were:

1. Zahir Abbas Amiruddin Shaikh resident of Hathikhana Patel Faliya , Opp. Bismilla Mutton Shop, Fatima complex,
2. Usmangani Alias Nawab abdulGaffar Ansari, residing at Kalriwad, B/s. H. M. Batliwala, Fatepura, Baroda.
3. Amin Razzak Sha, residing atB/208, Richmond tower, B/h. Convent School, Fatehgunj, Baroda
4. Iqbal alias Ikku Majidbhai Shaikh, Age – 39 years, residing at 109, Rashida Apptt., Hathikhana Patel Faliya, Baroda.
5. Mustak Ismail Shaikh, 34 years, residing at Gujarat Mention building , Hathikhana Patel Faliya
They were illegally picked up by plain clothes policemen:
Zahir illegally picked up on Sep 1, 2009 shown arrested on Sep 6, 2009
Mushtak illegally picked up on Sep 1, 2009, shown arrested on Sep 6, 2009
Usmangani illegally picked up on Sep 3, 2009, shown arrested on Sep 6, 2009
Iqbal illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
Amin illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009
All of them produced in the court on September 7, 2009.
They were formally presented to the magistrate after a gap of 5 or more days, during which they allege that they were blind-folded and taken into a farm-house at Sivasi Gotri Road, in Village Sindhrot and brutally tortured. The police charged them for planning to bomb the Ganesh Vijarjan Yatra and for possessing Sutli bombs and rocket launcher. Police claimed to have recovered these items from a closed hand cart . Police Commissioner called for a Press Conference on September 7, 2009 and all local newspapers flashed the news in bold headlines .
A team comprising Shabnam Hashmi, Harsh Mander Rahul Rashtrapal met family members of many of the affected youth on September 25, 2009 and Gagan Sethi and Shabnam Hashmi met with the family members on September 26, 2009. They all testified to versions of the same story: that youth invariably with no criminal records, were picked up by people wearing plain clothes, sometimes using force, sometimes taking them under false pretences. They were taken blind-folded to a farm, and subjected to torture. Family members were not informed about their whereabouts. Family members searched for them in various police stations and hospitals. After Mohdbhai Vora, the local counselor took a delegation to the DCP Rakesh Asthana, he was informed that the youth were safe and in their custody, even then he did not divulge where they were kept or why they were picked up. The same late evening some parents were asked to meet their sons at the police station. They saw them from a distance and were not allowed to talk to them. It was visible from their appearance that they were badly tortured, some of them could not even walk on their own. Police secured varying terms of police remand, followed by judicial custody. The youth were threatened with dire consequences if they told the judge about the torture. The families were threatened not to contact any one otherwise more cases will be put on their sons.
It is relevant to point out here that the alleged terrorist attack on the Ganesh Visarjan processions never actually took place, and we have only the police version, that such attacks were planned, to rely upon. The fact, that the statements of the accused were obtained under duress and torture, the whole police case and the motives behind these become even murkier.
A team constituting Rahul Rashtrapal, Dushyantbhai, Sachin Pandya and Shabnam Hashmi went to the Baroda Central Jail and met two of these youth Zaheer and Iqbal on September 25, 2009. Both youth testified to grave torture. Zaheer and Iqbal were blindfolded and taken to a farm house about 10-15 kilometers away from Baroda. They were brutally beaten up along with three others who were also arrested. All of them were kept and tortured in different rooms. The police beat them all over the body with lathis, two men stood on Iqbal’s thighs, legs stretched wide and beat him up brutally, Iqbal was given electric shocks on his waste down-words, abused using the filthiest language possible. Zaheer was stripped naked and given electric shocks all over his body many times a day. They caught him by his hair and banged his head against the walls repeatedly. Abusing him, they called him a Taliban and a terrorist, and degraded his community and mother and sisters. Zaheer’s hands were tied to the roof and he was not allowed to sleep for days.
Both Zaheer and Iqbal were not allowed to break their rozas till 11pm. The youth alleged that the police kept on forcing them to admit that they were going to bomb the Ganesh Visarjan procession and kill people. Zaheer pleaded with the police to spare him as he was innocent and he had no idea about the allegations. The policemen taunted him and said if you are tired of torture we will shoot you dead and made him run across a field all the time aiming at him to shoot him down.
The team also looked at the newspaper coverage. Divya Bhaskar’s headline read accused picked up in possession of the rocket launcher had foreign connections. Sandesh newspapers wrote: ‘When the accused used to come out of the mosque after praying he used to get into frenzy to destroy the Ganpati’
Rakesh Asthana, the Police Commissioner, Rakesh Sharma the ACP, J. D. Ramgadia. PI Crime Branch, D.R. Dhamal, PI of Baroda city, Halsika PSI SOG were all involved in this illegal picking up, detention and torture of youth.
We have also heard that the Farm House where the youth were taken and tortured belongs to a close associate of the Police Commissioner Rakesh Asthana.
We urge the NHRC, NCM and the Govt of India therefore that these grave allegations are independently investigated and the guilty police officers severely punished.
We hope suo moto action will be taken against the Police Commissioner Rakesh Asthana for flouting the Supreme Court DK Basu guidelines and for using the premises of a private farm house for illegal detention and torture. Not following these guidelines constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine
------------------------------------------------------------------------------------
D.K.Basu Guidelines
In view of the increasing incidence of violence and torture in custody, the Supreme Court of India has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:
• Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.
be counter-signed by the person arrested.
• The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.
• Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.
• The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.
• An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.
• The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.
• The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board.
These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.
Failure to comply with these requirements would make the concerned official liable for departmental action. Not following these directions constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine. This contempt of court petition can be filed in any High Court.
These requirements are in addition to other rights and rules, such as:
*The right to be informed at the time of arrest of the offence for which the person is being arrested.
*The right to be presented before a magistrate within 24 hours of the arrest.
*The right not to be ill-treated or tortured during arrest or in custody.
*Confessions made in police custody cannot be used as evidence against the accused.
*A boy under 15 years of age and women cannot be called to the police station only for questioning.
The Constitution
The Constitution of India, which is the basic law of the country, provides protection to all persons from ill treatment and torture by the police and other state agencies.
Article 21
Guarantees the right to life and personal liberty to all persons.
Article 22
Lays down the rights available at the time of arrest and detention. These rights can be enforced by directly approaching the High Courts and the Supreme Court of India.