As a practice Judges consider the question of the loss of liberty or any imminent threat to liberty of a citizen, even after Court hours, at home or at any place 24 hours a day as a priority. Grant of bail has always remained a lead priority in the administration of justice. Under abnormal situations like the Valley of Kashmir and in regard to women, administration of justice, is the litmus test for a judge or a court. Civilised communities have agreed not to arrest a female at night and not to be arrested by a male police personnel. It is not the judicial robe that clads a person but the just mind that sits inside a robe that occupies the interest of us all and has our respect is important.
The author would not have been a senior advocate of the Supreme Court and defending the human rights with a juristic clarity, if the chief justice of Lahore High Court Justice Maulvi Mushtaq Hussain had not granted him a bail in 1979, in a case filed against him under two Martial Law regulations. Bail allowed the author to return to Karachi and complete his LLB at Sindh Muslim Law College. Booklet Kashmir Ka Waris had irritated the Martial Law regime but the discipline of justice, rejected their view and overrode their interpretation. Chief Justice of Azad Kashmir High Court Justice Mohammad Yusuf Saraf (from Baramulla) granted bail to Kashmiri political detainees during Zias Martial Law against one Rupee surety. Rule of law has its own dividends. Judges are far different to Government employees in a system.
It seems that the discipline of justice is failing the common citizen in the Valley. The administration of justice is stressed. Muslims have a serious grievance. The quashing of bail by Division Bench of Jammu & Kashmir (Indian administered) High Court, on Saturday 2 June 2018 granted to Dukhtaran-e-Milat chief Asiya Andrabi and her two associates Nahida Nasreen and Sofi Fahmeeda, is at variance to the evolution of the laws that favour rehabilitation of loss of liberty.
The government is legitimate as long as it carries the free consent of the people. It is under instruction of the voter citizen, through an instruction of the vote. It does not accredit a government if it has gone to the High Court against the bail granted to three Kashmiri Muslim women, by Additional Sessions Judge Anantnag. The Division Bench which quashed the bail, comprised of Acting Chief Justice Alok Aradhe and Justice M K Hanjura. It does not reflect the gender sensitivity and the cultural restraints that would not favour such a treatment given to three Kashmiri Muslim women. On balance such a restraint is unlawful in Kashmir.
There is a lot about Kashmir that the world needs to be told. There are five Kashmiris living at Srinagar, Muzaffarabad, Gilgit, five generations living as refugees in Pakistan and the Kashmiri diaspora, who have to play the dulcimer and beat the drum on behalf of Kashmir. 193 member nations of United Nations have a Charter obligation. Pakistan is a party to the Kashmir dispute and has accepted obligations under UN Security Council and UNCIP Resolutions. India is also a party to UNCIP resolutions and Indian people have a role to play.
The world at large and the Indian people in particular, need to know about the RSS plans about Kashmir and its plans about Indian Muslims. Unfortunately, RSS after its 1931 and 1947 plan continued to work on its agenda, without disturbing Pakistan or Muslims of India, till it took over power in the disputed State of Kashmir after 2014 elections.
Those who work on Track II should not wash their hands off and should challenge their counterparts on the issue of Kashmiri women. We have to tell a story. Kashmir has a RSS blessed BJP Government. We dont have any conflict with RSS. It is RSS that has started a conflict with the Muslims of Kashmir. RSS is known to have sent volunteers in 1931 to assist the Dogra forces to suppress the Muslim uprising in the Valley. In the aftermath of the 2014 poll results in Kashmir, the RSS organ, Organiser, reprinted its editorials and writings of 1948. One editorial of 15 January 1948 was entitled Kashmir The Spiritual Home of Hindus. It continued, The Maharaja is more sinned against than sinning. The Hindu kingdom is one of the oldest in world history and is an indissoluble part of the cultural hegemony of the Hindustan. The reprints object is obvious Hindu Raj should now be revived in Kashmir.
We failed to tell the people of India, Pakistan and the people of the world that soon after the polls were over in Kashmir, Organiser of 4 January 2015 wrote: For Jharkhand, it is a verdict to initiate development. But the verdict for J&K is different and for J&K, it is a beginning of real democratic integration.
RSS and The Hindu Mahasabha in the aftermath of Jammu and Kashmir elections have reverted back to 1947 and 1948 anti-Muslim and anti-Pakistan campaign in their literature. The Hindu Outlook edited by Mr. G. Deshpande, the Secretary General of the Hindu Mahasabha, is on record in the UN debates of 1948 that it published an article in the issue of 9 September 1947, calling upon Hindus and Sikhs to do the following:
- Remove the present Government, which is composed of men of straw, and replace it by men who would be strong Hindus.
- Declare the Indian Union a Hindu State
- Prepare the country on the basis of a war with Pakistan.
- Impose conscription and recruit all young Hindus to army
- Treat all Muslims as fifth columnists
- Declare the professing of Islam as unlawful.
UN archives have recorded the evidence that Muslim populations in the States of Alwar, Bharatpur, Patiala, Nabha, Jind, Faridkot, Kapurthala and Gwalior where wiped out either by massacre or by forcible expulsions. These records show that Kapurthala which had a Muslim majority of 235,000 was left with only two Muslims when evidence was submitted to UN Security Council on 16 January 1948. Jammu was also trashed from a Muslim majority into a Hindu majority province.
People in the Valley have a process of life and are denied a quality of life. It is our duty to reach out the people and the civil societies in India, Pakistan and around the world and tell them the story of Kashmir. RSS has to explain that in December 1931 its volunteers took out a protest march against the Muslims of Kashmir and in favour of Dogra ruler on the streets of Lahore. RSS volunteers sneaked into Kashmir in aid of Dogra forces to brutalise the Kashmiri uprising against the Maharajah. It staged activities to frustrate and oppose the activities of All India Kashmir Committee that was highlighting the Dogra repression and cruelty against the Muslims. The latter were taxed for circumcision and marriage. Kashmiri Muslim was a source of revenue for Dora ruler. In 2018 Kashmiri Muslim is no better than what he was in 1931. A story has to be told to the world.
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