The chairman of the banned Jammu Kashmir Liberation Front who is currently lodged in Tihar under a life sentence after being recently convicted in a militancy case has written in a letter that he will launch a fast unto death starting from July 22.
In a letter sent by Yasin Malik, released by his wife Mushal Malik, the JKLF chairman who was recently identified by Rubaiya Sayeed in another case as her kidnapper has traced his political journey from 1986 and said it was Ajit Doval, the current NSA of India who facilitated his first meeting with the Indian Prime Minister Atal Bihari Vajpayee.
Yasin has also stated that he worked with several ruling dispensations of India and worked in close coordination with the Governments for the “cause” of the people of Kashmir. In his letter, Malik also said that he has not been given a right to defend himself in the Court of Law.
The JKLF leader has denounced the allegations of his involvement in the “exodus” of Kashmiri Pandits stating that he has openly critisized the killing of the members of the minority community. “I visited the migrant camp of Kashmiri Pandits in Udhampur where the Pandits received me warmly. I also held hunger strikes against the killing of Kashmiri Pandits in Doda,” Yasin has written.
Yasin Malik, 54, is lodged in New Delhi’s Tihar Jail after he was arrested under the Public Safety Act in March 2019, but a month later his custody was shifted to National Investigation Agency (NIA) in a two-year-old case of “militant and separatist funding”.
A Delhi court in May awarded life imprisonment to Malik in a militancy funding case, saying the crimes committed by him struck at the “heart of the idea of India” and were intended to forcefully secede Jammu Kashmir from the Union of India.
Special Judge Praveen Singh awarded varying jail terms to Malik for offenses under the stringent anti-terror law–Unlawful Activities Prevention Act (UAPA) and the IPC, rejecting the NIA’s plea for capital punishment.
According to the Supreme Court, life imprisonment means incarceration till the last breath, unless the sentence is commuted by the authorities.
TO WHOM SO EVER IT MAY CONCERN
I was apprehended and arrested in 1986 when I was a class 12′ student on a charge of publishing stickers of an independent Kashmir. I was sent to the RED 15 interrogation center tar a fortnight (15 days), followed by three (3) months in the Police lock-up. When I was subsequently released I formed a student organization namely Islamic Students League which was arguably the most known student organization in Kashmir. In the year of 1986, a political forum came into existence, namely the Muslim United Front (MUF), it was a consortium of different political, religious and social organizations. They invited us Islamic Students League (ISL) to become a constituent member of this forum. The proposal for the same was accepted and landed up representing the student league in the executive council of the Muslim United Front (MUF). in the month of March 1986 assembly elections were taking place in Jammu & Kashmir in the executive meeting of the Muslim United Front (MUF) there was a debate “we must contest elections and if we win. we can pass the resolution in the assembly to resolve the Kashmir dispute in accordance to the wishes of the people of Jammu Kashmir”.
We told them we will support you but there will be no candidate from our side. We supported the Muslim United Front (MUF) election campaign but on the date of the result’s declaration, our worst nightmare came true, with winners being declared as sore losers and losers being declared winners with a thumping majority. I was apprehended and arrested from the vote counting station; again I was remanded to the RED 16 interrogation centre where thanks to the torture, unhygienic meals and contaminated and state water, my blood got infected. Subsequently, I was shifted to the Police Hospital where one of my heart valves got affected. Hundreds of members of cur organization including myself were detained under the Public Safety Act. I landed up in jail, spending the entire year of 1987 there.
After Our release from detention. we were thoroughly convinced that there is no scope and place for the non-violent democratic movement in India It is very unfortunate, that in a country that has given a world leader like Mahatma Gandhi, someone who conceived and spread the idea of nonviolence to the entire world and inspired the likes of Martin Luther King & Nelson Mandela. the irony lies that in the same very country there is no bandwidth and space for a non-violent movement tar a cause. When I went out in search of Gandhi in the very land of Gandhi, I was appalled to find the spirit of Gandhi not to be felt around. This same country whose freedom struggle set the stage for ahimsa, which inspired the generation’s world around. has provided nothing but literally no space to non for the non-violent freedom struggle in Kashmir rather exercising every other violent means to crush it.
When behind the success of Mahatma Gandhi’s consistent non-Violent movement was a truly democratic and liberal space provided by the British Empire which promoted and openly accepted dissent and free speech. Else there were two schools of thoughts which were present then in India, one was donned by Bhagat Singh, Chandrashekhar Azad, Ashfaq-Ullah, Ram Prakash bismil, Raj Guru and others who believed in armed struggle and the other being that of Mahatma Gandhi which strongly practiced non-violent struggle. Then British Government governing Indian state apprehended and arrested Mahatma Gandhi and other senior leaders of Congress umpteen number of times but never once sent any to a torture center or treated them cruelly, depriving them of humanly conditions.
Then British Government governing Indian state used to address the Congress as a pressure cooker. It is a very sad state of affair that the same treatment wasn’t afforded to Independent India, something which was given by default by the then British Government governing Indian state to our Congress Party, Hence it called for armed struggle. under; the banner of Jammu Kashmir Liberation Front in 1988. It was on 6′” August 1990, I was arrested as a Commander-In Chief of IKLF in Srinagar on Fil” August 1990, I was shifted to Tihar Jail, New Delhi. In the month of November 1990 I was shifted to a guest house in Mehrauli, where Border Security Forces (BSF) Chief Ashok Patel, Intelligence Bureau (1B) Special Director Dr Mathur (real name Mr Rai) and Director General (DG) of Police IN Saxena used to meet me almost every day in row, and tried their level best to convince me to have a dinner with the then Prime Minister Shri. Chandrasekhar. I vehemently refused and after my repetitive refusals I was shifted to the Central Jail in Agra, Uttar Pradesh in February 1991 There also Border Security Forces (BSI) Chief Ashok Patel and Intelligence Bureau (IB) Special Dire( for Dr Mathur (real name Mr Rai) came down to meet me numerous times to kick start a dialogue and political process.
On 24 February 1992, I was shifted to All India Institute of Medical Sciences (AIIMS), New Delhi from Central Jail in Agra, Uttar Pradesh since my health conditions worsened. Finally I was operated in April 1992 for an Open Heart Surgery and one of my heart valves was replaced. In the hospital, Intelligence Bureau (IB) Special Director Dr Mathur (real name MI. Rai). Intelligence Bureau (IB) DIG Mr Sharma and IAS officer Mr. Wajahat-Habib-Ullah came to see me In the hospital a number of times over. Indian Civil Society members like Mr. Kuldeep Nair, Mr. Rajmohan Gandhi (Grandson of Mahatma Gandhi) and Ex-Chief Justice of High Court Mr. Rajinder Sachar paid their visit to the hospital to have a tete-a-tete with me.
After being discharged from the hospital I was shifted to a farm house in Mehrauli, it was a sub jail under Tihar Jail Complex. In the Mehrauli farm house, the Governors of Uttar Pradesh & Andhra Pradesh, Justice Madhoskar Ex-Justice of the Supreme Court, came down to for a possible conversation and initiating a political talk process MI Kuldeep Nair & Justice Rajinder Sacchar met me a handful of times in Mehrauli sub-jail.
On one occasion I was taken from the Mehrauli sub jail to a bungalow in Maharani Bagh where the then Home Minister Shri. Rajesh Pilot, IAS officer Mr. Wajahat-Habib Ullah and certain senior 16 officers were present. It was a meeting organized over dinner and during the same Shri Rajesh Pilot, Mr Wajahat Habibullah and other senior IB officers took up the issue stating that people of Kashmir have no history of violence then why did you take up the cause of armed struggle? I briefed them as to what had happened with us during the non-violent democratic movement; drawing a consensus they all replied unanimously that you are justified with the stand undertaken and we had simply no idea here in New Delhi for what happened with the Kashmiri youth in the non-violent democratic movement.
After this meeting Mr. Kuldeep Nair & Justice Rajinder Sacchar, then Governor of Uttar Pradesh, then Governor of Andhra Pradesh and Justice Madhoskar all came unanimously with the same proposal. This was followed by handful of more meetings with then Home Minister Shri. Rajesh Pilot, IAS officer Mr. Wajahat Habibullah and certain senior IB officers in the same Maharani Bagh bungalow, where they pressed me time and again to give up armed struggle and return to non-violent democratic political struggle with a condition that they would provide the genuine political space and arena for the same. They also assured me that they shall initiate and resolve the Kashmir dispute through meaningful dialogue.
The American Government & the British Government diplomats stationed In their respective embassies in New Delhi also came up with a similar proposal to me. I accepted the same and decided to recommence a non-violent democratic peaceful struggle. In May 1994, I was finally released from jail and when I reached back Srinagar, I held a press conference declaring a unilateral ceasefire and further publicly declared that I will now follow the path of non-violent democratic struggle, come what may.
Arguably, at that time it was one of the most unpopular stance and decision in Kashmir attracting ire from different corners around. I was kidnapped by militants from a hospital in Srinagar, leaving my fate in imbalance. Miraculously I escaped from the captivity, living another day to fight but practicing the non-violent democratic and peaceful way as taught by Mahatma Gandhi. I was publicly declared a traitor from the every other possible faction of militant organization in Kashmir; even then I and my colleagues at JKLF remained committed to the path of non-violent democratic peaceful struggle despite odds, obstacle and hindrance which came our way. As per the stated government statement then, there were over 20000 (twenty thousand) active militants in Kashmir, when I had declared unilateral ceasefire publicly declaring that I will now follow the path of non-violent democratic struggle, come what may.
In the year 2000, the then Prime Minister of India Shri Atal Bihari Vaipayee declared Ramzan ceasefire. Then Special IB Director Mr. Ajit Kumar Doval met me in New Delhi and arranged a meeting for me with IB Director Mr. Shyam Dutta & Mr. Brajesh Mishra, National Security Advisor to the then Prime Minister independently.
They both stated that our Prime Minister is serious in the talk’s process to resolve the Kashmir issue and that I should support his Ramzan ceasefire issue.
The entire forum of “All party Hurriyat Conference” supported the then Prime Minister’s Ramzan ceasefire and talk’s process publicly. In the year 2002, I started a signature campaign in the whole of Jammu Kashmir, the sole purpose was to promote Non Violent Democratic Culture in Kashmir and initiate the dialogue process to resolve the Kashmir dispute.
Painstakingly it took me two and half years to visit every village, school and college around, where I was able to gather 1.5 million signatures for the campaign. In 2006 I had a formal meeting with the then Prime Minister Shri. Manmohan Singh where I presented him those 1.5 million signatures and supported his talk’s process with both Pakistani and Kashmiri leaders of the time.
In 2009 the then Home Minister Mr. P Chidambaram initiated a classified conversation with me and I met him a number of times during this process. In the year 2010 all party parliamentary delegation came to Kashmir, they also visited my residence for a meeting. From the year 1994 after the unilateral ceasefire, me and my party members remained firm in non-violent democratic struggle, there is not even a single shred of accusation/averment against me or my colleagues at JKLF that we have supported militancy, openly or clandestinely or provided any logistical help to any militant organization If the Indian State can prove over the last 32 years that we have supported covertly or overtly I will seek retirement from politics.
From the last 32 years of militancy related TADA cases against myself and my colleagues at JKLF were not pursued, all Prime Ministers from the year of 1994 namely Shri, PV Narsimha Rao, Shri. HG Devigoda, Shri. Inder Kumar Gujral, Shri. Atal Bihari Vajpayee, Shri. Manmohan Singh, even the first 5 years of the current dispensation under the leadership of PM Narendra Modi there were no trial of militancy related TADA cases against myself and my colleagues at JKLF They all followed the letter of the agreement of ceasefire in good spirit. Now suddenly the present dispensation in its second consecutive term, has started trial of a 32 year old TADA related militant case which Is completely against the spirit, essence and the very genesis of the ceasefire agreement.
There is a strong element of irrevocable trust and faith which is followed virtuously even between individuals/Parties with differing views, enemies and foes when something is agreed within principle and is followed with perpetuity without a shred and ounce of ambiguity. As I scribble this, I am currently confined in Central Jail Prisons, Jail NO 7 in Tihar, New Delhi.
The trial for those 32 year old TADA cases has now commenced in Jammu TADA Court and also at Srinagar TADA Court. I am myself a pleader in these TADA cases despite being arrayed as an accused I want to bring this to your kind attendance and place it on record that despite the Investigation Agency having chosen the court jurisdiction and place of their own choosing, I have still been deliberately deprived of the basic right to defend myself which construes a straight violation of Article 14 arid Article 21 of the Constitution but is also not in strict compliance of Section 137,139,145 & 273 of the Code of Criminal Procedure, 1973 (2 of 19741 and Section(s) 137 & 138 of the Indian Evidence Act, 1872 (1 of 18721.
I understand that the advent of technology has bridge many gaps in the world of communication and has made the entire world nothing but to global village, but it still conies with the acute lack of personal touch in the form of expression, making a point across, arguments, rebuttals, last but not the least being heard and listened.
As a surgery of a critically sick person cannot be performed remotely with the surgeon and patient being miles away so is advocacy of a criminal case which has life of a man on the line as it attracts nothing but capital punishment. Making me available via video-conferencing can satiate the basic and mundane requirements of marking my appearance to the court In a routine manner. As I happen to be pleading my own defense in the said TADA cases, to call for my virtual presence via video-conferencing only when the case for which I am being tried for has reached a critical level that the prosecution witness are being exhibited, it tantamount to nothing but malicious and vindictive prosecution.
As per Article 21 of the Constitution, no criminal case whether a trial or appeal or revision can be decided in absence of lawyer of an accused If a case is decided in absence of lawyer of the accused, there will be a violation of Article 21. Md. Sukar Ali vs State of Assam (2011) (2)PLJR (SC) 67.
As pet Article 14 and also Article 21 of the Constitution, “Right to life of an under,. prisoner”, Though the conviction and confinement of an accused in jail bring certain restriction on his fundamental rights, such as, right to free movement in the country, he is not denuded of all the fundamental right which is otherwise possessed, Right to life under Article 21 has been explained to mean ”Right to live with dignity”, any restriction put on the rights an under trial prisoner has to be reasonable and consistent with Article 14, no restriction can be imposed except as permissible in law as mandated by clause except according to procedure established by law in Article 21.
Likewise, even a convict is entitled to the previous guarantees under the Article 21, that he shall not be deprived of his life or personal liberty except according to the procedure established by the Law. In subsequent decisions, the right to life under Article 21 of the Constitution has been explained to mean “Right to live with dignity”.
As per law, alt evidences should be recorded in presence of the accused including both the evidence of the prosecution as well as for the defense. If recorded in absence of the accused, it is rendered illegal and not curable under Section 464 and Section 465 of the Code of Criminal Procedure. 1973(2 of 1974).
GENOCIDE AND GANG RAPE OF KASHMIRI PANDITS
There is a media and film-makers (the so called Indian intelligentsia and consensus makers), Prosecuting Agency NIA’s sustained complaint and frenzy, that I am involved in genocide and gang rape of Kashmir; Pandits in the year of 1990, which was the root cause of their exodus from Kashmir. There is an un-substantiated claim that the exodus happened because of the alleged genocide and gang rape.
I welcome the intelligence Bureau to place on record all the plausible information relevant to the period which can prove beyond reasonable doubt, for if I had any Involvement whatsoever in the alleged genocide or gang rape of Kashmiri Pandits. I shall hang myself without any trial and prosecution and my name to go down the annals of history as a blot and curse to the mankind.
After my aarrest in 1990, I was actively engaged by six (6) dispensations, under the leadership of VP Singh, Chander Shekhar, PV Narsimha Rao, HG Devaguavra, lnder Kumar Gujrat, Atal Bihari Vajpayee, Manmohan Singh. Not only, I was provided domestic platform to speak on Kashmir’ cause, but I was actively roped in time and again by the said governments in power and was actively persuaded to speak on international Platforms. If at all these grotesque allegations of genocide and gang rape were to be true, I doubt the any sane government around would let an alleged monster and predator speak on as critical an issue in independent India as “Kashmir.”
Two Shankaracharyas hailing from two different Matths had separately visited my residence in Srinagar not once but umpteen number of times and also held press conferences with me. Isn’t it intriguing and a point to ponder over, that instead of keeping someone like me at bay, such representatives of the majority community decided to associate their good name with someone facing such grave and heinous allegations?
In 2011, the Center for Dialogue and Reconciliation (a think tank), facilitated a marathon of a meeting between RSS leadership and me at India International Center and it lasted for 5 hours. Again the question arises that instead of keeping an arm’s length distance from me or rather not touching someone like me with a ten-foot pole, it RSS’s leadership or even RSS Organization’s think tank Vivekananda’s Institute’s Chairperson Admiral KK Nair frequently invited me to his residence in New Delhi for luncheons and also at India International Center.
In the second week of January 1990, the Indian cabinet under the PM VP Singh sent Jagmohan as the Governor of Kashmir. From last 32 years, Kashmiri Pandits are observing 19 January 1990 as the “Exodus Day”. On this day. majority of the population despite the street curfew migrated towards Jammu. On 2, January 1990 a search operation was conducted by the Indian Army in the locality of HabbaKadal Down town. A public announcement was made midnight that all the male members of the family’s present should step out from their respective abodes leaving there female and juvenile members back home.
It was Kashmiri’s first rendezvous with crackdown and they for the first time had brushed past with a search operation and even identification parade.
Amidst the growing panic, uncertainty and fear amongst masses at large, people collectively stepped out and it turn to one of the biggest gatherings in the morning. In one of the most gruesome bloodshed in India at Gawkadal near Habbakadal and Lalchowk, this possession were fired indiscriminately leaving hundreds dead and left the almost the same numbers gravely injured.
A similar massacre was reported after couple of days at Hazratbal near Hazratbal Zakura crossing, also at Bernina bypass. In the history of Indian freedom struggle only the Jalianwala Bagh massacre is said to have transpired despite India being the crown jewel during the British Colonization. The liberties of the Kashmir’s were curtailed with a state wide street curfew. Old burying the young became the new normal for a Kashmiri funeral. These tragic few months of Jagmohan’s era gave us cruel gifts, thousands of orphans and widows, political prisoners and martyrs graveyards. In May 1990 funeral possession Mirwaiz e Kashmir Maulana Farooq was indiscriminately fired by security forces. Leaving hundreds dead and hundreds gravely injured, in this gruesome bloodshed even the dead body of Mirwaiz Kashmir’.
Maulana Farooq wasn’t spared and it was also on the receiving end with four bullets. Shri Chandrashekhar was then one of the most senior leaders of the governing Government led by stated in the Parliament that today I feel my head ashamed, over What we are doing in Kashmir.
The Director General of Police (Jammu & Kashmir) Mr Kuldeep Khodda in 2010 publicly stated that 167 Kashmir, Pandits were killed from 1990 till 2010. Majority of Kashmiri Pandits were killed in these massacres namely in Sangrambora-Badgam, Wandhama-Gandarbal, Shopian & Doda after the year of 1996 I had publicly mourned, vehemently criticized, held strikes (Kashmir Bandhs) and actively participated in the cremation process of the unfortunate deceased. When the massacre took place on the foot hills of Doda, I reached at 10PM in the night, Professor Nirmal Singh (subsequent Deputy Chief Minister of Jammu Kashmir) was present at the cremation site. He remarked that I told my folks that Mr. Yasin Malik will most certainly come here. Next day I sat on a protest dharna in the Dodda town In 2004, I visited the migrants in Kashmiri’s migrant camp in Udhampur where I was received encouragingly with complete love and affection.
I understand and completely empathize that at times it the very requirement of the state to curtail the liberty of individuals with whom they have battle of ideas and ideological differences to safeguard and protect its own interest and politics But Isn’t it an irony of ironies that Brutish imperialists having jailed the founding fathers of India, time and again, never labeled any single one of them as a terrorist. As a matter of fact, during the World War 2, Mahatma Gandhi and the entire senior leadership of the Indian National Congress were jailed for a prolonged period of time and none was stigmatized as terrorists. In fact it was the very time Mahatma Gandhi had declared the “Quit India Movement” even Subhash Chandra Bose as the Commander-in-Chief of the then Indian National Army UNA) named Mahatma Gandhi as Father of the Nation, also named the regiments in the then Indian National Army (INA) under the names of the senior members of the Indian National Congress. Post the controversial rumor of Subhash Chandra Rose demise, Mahatma Gandhi scribbled a handwritten letter to the mother of the Subhash Chandra Bose “that her son was a great patriot and true son of the soil”.
Despite the good name of Mahatma Gandhi being associated with Non-violent Struggle and on the other hand Subhash Chandra Bose name to be controversially associated with Violent and Armed Struggle, the Non-Violent – credentials of Mahatma Gandhi were never challenged and questioned for once. In evolved and matured dermocracies, an individual is gauged by his public posturing and subsequent conduct.
CONCLUSION
Having a blissful childhood is a luxury in Kashmir. Very lucky few get to have it, I remember leaving school, I have lost count of the number of years I spent in Jail but my mother says it is 18 Years. I remember being jailed in a mental asylum in Agra for a year. The torture of seeing the of pain my people carry with them in this indifferent world vastly surpasses the torture in that very asylum. I would much prefer the insanity of those confines than the insanity that has inflicted on our nation.
I also remember the time spent in solitary confinement. The torment of silence and loneliness in the days of solitary confinement are the nightmare that still visits me. As far as I am concerned, it is my firm conviction that the non-violent freedom struggle we have perused. For me, the challenge has been to find creative ways of carrying forward our non-violent struggle in the face of violent state oppression, violence fixated news media. Therefore, having a complete faith in non-violent institution, I have decided to go in the fasting to death from 22 July 2022.