‘Indian judiciary has always cemented military occupation in IIOJ&K’

Islamabad: A Roundtable was organised by Islamabad Policy Research Institute (IPRI) on “The Case of Dr Mohammad Qasim Faktoo: Perpetuating Human Rights Violations through the Justice System in IIOJK.”

It was participated by Ahmed Bin Qasim, son of Dr. Faktoo and Aasiya Andrabi; Nasir Qadri, Executive Member of High Court Bar Association Kashmir (HCBA); Dr. Saadia Zahoor, policy expert at the Strategic Policy Planning Cell at the National Security Division; Farzana Yaqoob, a former minister for Social Welfare and Women Development, Azad Jammu and Kashmir; Dr. Waleed Rasool, a peace activist; and Musab Khan, Programme Coordinator at Legal Forum for Kashmir.

The session was conducted by Maham Naweed, Chair Law IPRI, and President IPRI Dr Raza Muhammad. Director Research IPRI Dr Raashid Wali Janjua also shared his input.

The discussion focused on the broken justice system in India and IIOJK, with a particular emphasis on the case of Dr. Muhammad Qasim Faktoo. Dr Faktoo has been incarcerated for the last 31 years solely as a result of his affiliation with the National Liberation Movement and his political views on the implementation of the UNSC resolution in IIOJ&K.

The Indian Supreme Court, ironically, had set aside the acquittal order and handed him a life sentence which was initially 20 years as per the prison rules, but was later converted into ‘Life until natural death’.

Dr. Faktoo and Syedah Asiya Andrabi’s son Ahmed Qasim narrated the ordeal of his family, and pointed out as to how law has been thrown to the wind, and excesses committed against anyone who stands for freedom struggle in Occupied Kashmir.

The speakers were of the view that judiciary has always cemented military occupation in Kashmir, and Afzal Guru, Maqbool Butt and thousands of other detainees are cases in point.

They said it is assumed that “one is born with anti-India sentiments”, and thus should not be dealt with leniency when it comes to retribution.

It was noted that the problem with occupied Kashmir, apart from lawlessness, is that it “re-courses to too much of law,” and this is where crimes against humanity and genocide take place.

“The only way that can get a Kashmiri an acquittal from cases is to renounce association with the struggle,” it was remarked, and the speakers prided that to this day none have signed on those dotted lines.

There are at least 20 prisoners who are incarcerated for life despite lapse of their maximum sentences, and their plight must be highlighted at all fora.

They said the irony in the held Valley is that presently the entire leadership is behind bars, and there is no one to campaign for them.

This is why Pakistan must focus on crimes against humanity in the Valley, and project the cause in an effective manner.

The speaker termed Kashmir as the last agenda of decolonization, and called for glorifying the freedom struggle as it is only Kashmir that needs self-determination in the world.

They called for effectively balancing the struggle on International Law and diplomacy levels, and opined that the role of Pakistan should never be ignored in keeping up the momentum of struggle alive at international forums.

It was also highlighted that it’s time to establish that the Indian Army is an occupying force in the Valley, and to make it clear in toto.