PRESS RELEASE
HCBA/PR/09-59/13 DATED:22-11-2011

PRESS RELEASE

J&K HIGH COURT BAR ASSOCIATION PRESENTATION IN TWO DAY CONFERENCE AT INDIA ISLAMIC CENTRE NEW DELHI NOVEMBER 19TH AND 20TH 2011 BY G. N. SHAHEEN ADVOCATE

In a two day conference on National Consultation on Human Rights on 19th and 20th of November 2011, conducted under the auspices of Human Rights Law network at India Islamic Centre at Lodhi Garden New Delhi India, the General Secretary of the J&K High Court Bar Association Mr. G. N. Shaheen Advocate while making a presentation on behalf of the J&K High Court Bar Association urged India and Pakistan to resolve the Kashmir issue through peaceful means in accordance with the United Nations Resolutions dated 13.08.1948 and 05.01.1949 and appeal the International Community to call upon the India and Pakistan to resolve this long pending most contentious dispute to create a peaceful atmosphere in the sub continent for economic development and lasting peace and security in the region. He said that India and Pakistan are two insatiable hostile nuclear neighboring countries and the Kashmir conflict has inherent dangerous potential to force India and Pakistan in a nuclear clash which will result in gross catastrophe in the south Asian region. The pendency of the Kashmir issue is a cause of conflict in the sub continent with international ramifications and a cause of blood shed in Kashmir. Mr. Sanjay Kak Filmmaker and Prominent Journalist Mr. Iftikhar Geelani were the co-speakers in the penal discussion with the General Secretary of the Bar Association.

The gravity and intensity of the human rights violations in Jammu and Kashmir can be viewed in the back drop of military concentration in the state. More than one million members of Indian Army and other para military forces are in active war with the unarmed civilians which has resulted in extra judicial killing of more than one lakh and thirty thousand people past 21 years besides random and illegal arrests of more than three lac people. The armed conflict is consuming life, honour and dignity of the people of J&K. more than three thousand women have been sexually assaulted by the forces in operation and more than ten thousand innocent youth are missing in custody after arrests. The unmarked mass graves have been recently unearthed and the number is 2,757 by independent observations in district Kupwara, Baramulla and Bandipora only which has created a panic among the kiths and kins of the victim families. In past two years the occupation authorities have resorted to fresh policy of genocide by killing teenager students and arrests of such tender age boys. He said that in 2010, 124 school going children were killed by the occupation forces and more than five thousand young boys of tender boys have been arrested and detained under draconian laws. He said that on one hand the illegal arrests and detentions are cause of concern and on the other hand the police agencies have commercialized this phenomena for their personal and monetary gains.

Mr. G. N. Shaheen, while presenting the grave human rights situation in the conference for immediate attention of all concerned observed that the Govt. of India in order to perpetuate the genocide and gross abuse of human rights are legitimizing the same under the legal cover of draconian laws resultantly none of the perpetrators is being prosecuted and punished under law. He pointed out that revocation of AFSPA, Disturbed Areas Act and PSA and other draconian laws can minimize the sufferings of the people till the resolution of the Kashmir dispute is finally sought out. He said that none of these legislations match the requirements of international standards of law making. It is imperative to revoke these draconian laws.  The reluctance of the Govt. of India and in capability of the state Govt. in revoking these laws reflects a gruesome and pathetic state of affairs with regard to the state of J&K.

He said the Human Rights Defenders have always been under attack in J&K. The Kashmir Bar Association has lost almost a dozen of lawyers past 20 years besides dozens of lawyers have been detained from time to time for the charges of defending the victims before the courts, among them Mr. Jaleel Andrabi, Mr. Abdul Qadir Sailani, Mr. Mohammad Sultan Bhat, Mr. Mohammad Abdullah Rather, Mr. Sheikh Mohammad Hussain and others prominently figure in the list of Human Rights defenders who have been killed in J&K from the lawyers community. Besides lawyers the journalists and media is under constant attack, half a dozen journalists have been attacked at the behest of security agencies among whom attack on the BBC correspondent Mr. Yousuf Jameel is a leading example, Cameraman Mushtaq Ahmad and Muzaffar have been killed. Mr. Iftikhar Geelani the co-speaker in the session and Mr. Maqbool Sahil were incarcerated in jails without trial for more than 1 and 5 years respectively. Prominent Human Rights Activist Miss Asiya Jeelani was killed in mine blast while covering the army operations on the day of elections. The President of the Bar Association Mr. Mian Abdul Qayoom was detained under PSA three times connectively since 07.07.2007 and similarly the general Secretary of the Bar Association G. N. Shaheen was also successively detained under PSA three times since 17.07.2010 and both of us had to go under incarceration in different jails and interrogation centres for long period of more than nine months with experiences of humiliation physical and mental agony. The intervention by international agencies like Amnesty International and other international bodies could pave way for our release. The simultaneous arrest and detention of the President and the General Secretary of the Bar Association is speaking for itself with regard to the gravity and magnitude of the Human Rights Violations in J&K.

At the end of his presentation Mr. Shaheen made a fervent appeal to all peace loving people to come forward in resolving the Kashmir dispute in accordance with the wishes of the people of Jammu and Kashmir and extended an open invitation to all the participants in the conference for attending One Human Rights Conference to be conducted by the J&K High Court Bar Association at Srinagar on 09th and 10th December 2011 

and Kashmir High Court Bar Association while reiterating its demand for demilitarization of the state of J&K expresses its deep concern on making withdrawal of AFSPA a debate by the ruling collation. In fact neither National Conference nor the Congress Party is interested in withdrawal of AFSPA but have enforced a debate on an issue to over shadow the gravity and increasing public and international opinion about unmarked mass grave issue which has attracted international attention. It is pertinent to mention that even the European Parliament and the British Parliament debated upon this issue which has become a cause of concern for the Govt. of India at international level. The international attention with regard to the unmarked mass grave issue has caused embracement to the Indian establishment in Jammu and Kashmir and across the globe; therefore, the so called state Govt. has been used to enforce a debate to mesmerize the public opinion and create a mirage to deceive the international opinion. The denial of the 15th Corpus Commander of Indian Army Lft. General Mr. Husnain about the discussions with regard to the withdrawal of the AFSPA in unified command meetings belies the Chief Minister Abdullah’s assertion that the sensitive issue was discussed in the unified command council meetings. The conflict of opinion in Home Ministry and the Defense Ministry of India as well as the military establishment and political establishment in J&K reveals that the withdrawal of AFSPA is a political debate only rather than a reality. Whatever be the motives of the debate irrespective of that, the withdrawal of the draconian laws including AFSPA, Disturbed Areas Act which legitimize the inhuman and unjustified military suppression in Jammu and Kashmir is necessary to minimize the sufferings of the people besides being a step forward towards the resolution of the Kashmir issue.

The Bar Association is deeply concerned about the random arrests of school going children by the state police especially in the downtown Srinagar. The random arrests of the tender age boys has assumed the character of commercial activity for the Kashmir police as it is observed by the Bar Association that the families of the victims are charged huge amounts by the Kashmir police for the release of their tender age kids even on bail orders granted by the courts of competent jurisdiction. These arrests are described as ransom arrests in criminal jurisprudence which practice is used to extort money by the corrupt official and Bar Association calls for abandonment of such practice.

G.N. Shaheen
General Secretary,
J&K High Court Bar Association.
Dated : 22.11.2011