Claims of 'apostasy' and 'persecution' of Christians in Kashmir: How false, how true?

 By Yusuf Jameel


It would be making a mountain out of a molehill. Or some people are clearly

lying through their teeth and by doing that they are behaving in an

irresponsible fashion and, undeniably, without actually giving a thought to

probable repercussions.







‘Christians are fleeing Kashmir’, as is being suggested by some, is far

from the truth or, at least, an attempt to present a situation

portentously; a depiction which betrays the ground reality.







Thousands of Kashmiri families relocate to various places in Indian planes,

mainly Jammu, the winter capital of the Himalayan state, and New Delhi,

ahead of peak winter season to escape harsh weather back home. With the

start of winter vacations at schools and other educational institutions in

December and spreading from two to three months, many more people including

students and their parents tag along. Also among the transitory émigré are

native and outsider Christians as majority of them is chiefly connected

with educational institutions. It would be naïve to call it forcible

expulsion or a step taken in distress. Surely, they would be returning to

the Vale of Kashmir in coming days as the weather is improving and the

winter vacations in schools and colleges are in closing stages.







That said, purporting the situation in the scenic region continues to be as

enjoyable for sections of Christians, precisely the evangelical Christian

activists, as before would tantamount a false statement. They may find it

difficult to work among the local Muslims after openly accused of luring

the members of the majority community, mainly the youth, into Christianity

by offering them riches, the charge vehemently denied by the Church. A news

portal supporting the cause of Gospel reported last week “The church is

still there, but at this point, it seems as if Christian activity has been

driven completely underground and has been severely curtailed.”







A Srinagar (Islamic) Shariat court had earlier this year issued a decree

seeking expulsion of a Protestant pastor and a Dutch Catholic missionaryand three other evangelical Christian activists finding

them "guilty of luring Muslims of Kashmir, especially boys and girls, to

Christianity by exploiting their financial conditions.” The move provoked

outrage within India’s religious minority and grabbed newspaper headlines

beyond the boundary walls of the country.







Back in Kashmir, the fatwa does not appear to be a major issue for locals

though. At least, the commoner is somewhat indifferent. Yet Christian

groups fear such diktats could encourage extremist elements to indulge in

violence.







Majority of Kashmiri Muslims is nonchalant, not because Church’s alleged

“repugnant” activity is not gauged by it as being ‘worrisome’ but it is the

poor standing in public of the cleric who heads the court-not the

institution inherited by him itself-which is working towards restraining

excitement. In fact, many Kashmiri Muslims are wary of his moves ostensibly

both because of his wispy religious pursuits and patchy political postures,

publicly termed by his critics as “impelled aerobatics.”







Some people also believe he has made a move haphazardly rather overreacted

on the issue in order to get his own image better. His detractors accuse

the cleric of making attempts to seize the issue also to re-launch his son

as his deputy in the run up to claim the legacy after his return to the

Valley from the Gulf where he spent nearly two decades in comfort to escape

difficult times the Valley was passing through in the aftermath of the

separatist or pro-freedom movement turning violent and India launching a

tough military campaign to suppress it towards the end of 1989. The

criticism is, however, rejected by the cleric’s supporters as being “uncalled-for”

and even “mischievous” and claim the ‘Shariat’ court had had extensive

discussions with the leaders and representatives of various religious and

social groups besides meticulously carrying out investigations into the

repugnant role played by the Christian priests before issuing the decree.

“He took a strong exception whereas many of those who could have turned the

tide preferred to remain silent or were apologetic and inactive,” said an

activist.







Notwithstanding, sections of Muslim clergy including the ‘whistleblowers’

and others who had publicly voiced concern over the reports of pastor Rev.

Chandermani Khanna, Presbyter In-charge, Anglican All Saints’ Church,

Srinagar and few others seeking to induce local Muslim youth and bring them

into the fold of Christianity by allegedly offering them riches and were

railing against what is being termed as “*irtidad*” (apostasy) appear to be

disillusioned now as the issue has been virtually hijacked by the

father-son duo. Or, at least, it is being mishandled by them.







What is more disturbing for them is; not only has the fatwa evoked sharp

reaction from across India and abroad but, as was put by one of them, the

intent behind their raising alarm seems to have been misinterpreted and the

fundamental issue lost in the “unwarranted” outcry being raised by “vested

interest” within and outside the Christian community. “Outside the Valley,

the issue being portrayed now is that of assumed persecution of Christians;

the small Christian community of Kashmir being in danger and victim of

harassment and violence by the Muslim majority than acknowledging the fact

that a few unscrupulous elements within the Christian missionaries are

involved in impelled conversions which is against the law of the land,

unconstitutional and also reportedly Biblically wrong,” he said.







The argument is not misplaced. A report ‘Missionaries bring aid,

controversy to Kashmir’ appeared in The Christian Science Monitor some time

ago had said that Christian missionary groups have been flocking to the

restive Kashmir, bringing medicine, school books, and self-help programmes

but the influx of Christian evangelists may be exacerbating a volatile

situation. It also said local Christians like Pastor Leslie Richards were

increasingly agitated by the presence of the new evangelists, who they

believed were more interested in conversions than social work. Mr. Richards

was quoted in the Indian Express as saying that Muslims receive cash if

they agree to convert and termed these as “Biblically wrong conversion’

which was not good for the local Christians, who for centuries have shared

cordial relations with the local Muslims here.







The report quoted Rev. Khanna as saying "Of course, I believe that there

are some black sheep in the fold - some evangelists who use money as a lure

- but I can tell you that I have been here in Srinagar since July 2002, and

I have only converted one person - so even if there are a few others in new

churches, it is hardly a case of mass conversion." Ironically, Rev. Khanna

today stands trial as the main accused in the case of alleged impelled

conversions. Srinagar Senior Superintendent of Police, Syed Ashiq Hussain

Bukhari said in a recent newspaper interview, “There are cases in which the

missionaries helped the destitute in lieu of their faith which is not

permitted under any law.”







Local watchers say some unscrupulous elements may have exploited the

situation seemingly in an iniquitous way but it also is a fact that the

Christian missionaries have been working hard where the Muslim headship,

the pro-freedom as well as pro-Indian political parties, social groups and

even charity organizations and numerous NGOs have failed: lending a helping

hand to the destitute including victims of violence.







The issue of alleged “*irtidad*” could have been handled differently, in a

way acceptable to all by seeking to isolate the evangelists found involved

in forced or impelled conversions from the legitimate missionaries, invoke

law and constitutional guarantees that proscribe such activity and more

importantly go in for in retrospection as to what went wrong and try to

address the issues and problems that have provided the basis for the

incidence of apostasy. In fact, the Valley’s Chief Muslim cleric and

chairman of his faction of Hurriyat Conference (an amalgam of pro-freedom

political parties) Mirwaiz Umar Farooq had just embarked on this mission

whereas Syed Ali Shah Geelani, the octogenarian pro-freedom leader, had

asked for tackling the issue “with utmost care” after he and others watched

a video showing more than half a dozen persons including a woman-all but

one local Muslim youth-being baptized by Rev. Khanna at Srinagar’s All

Saints’ Church and the pastor imploring to see the Kashmir Valley turned

into a Christian-majority place soon. This video has been presented as main

piece of evidence against the pastor besides statements recorded at the

‘Shariat’ court by various people including a youth on whose mobile it was

found. As is being claimed the pastor confessed to his “guilt” before the

court and even apologised.







The Church “deeply disturbed” at the fatwa issued against pastor Khanna and

others reacted saying such decrees could encourage extremist elements to

indulge in violence. “This is totally unacceptable,” Samuel Jayakumar, a

spokesperson for the National Council of Churches in India (NCCI), said. He

added, “India is a secular country and the personal law of a community

should be confined to itself.” Shariat courts have no secular legal

standing in India and one functioning in Srinagar has been termed as an

extra-constitutional authority, with no legal sanction.







Back in the Kashmiri capital, the law enforcing authorities including

police which had arrested pastor Khanna after initiating proceedings

against him on charge of disturbing communal harmony is now more or less on

back foot whereas the state government is feeling embarrassed. However, Mufti

Muhammad Nasir-ul-Islam, son of Kashmir’s Grand Mufti Bashiruddin, who

announced the Shariat court’s decision seeking expulsion of Christian

priests at a press conference, claimed that the local administration has

agreed to enforce the “verdict.”







Mufti Jr. strongly denied the decree was against Christian’s living or the

institutions they run in the Valley. “We’ve found that three priests and

some others are involved in the unethical activities in Valley. We carried

a thorough investigation into the case and found out later, all the three

were involved in the scandal. The records of their involvement are with the

court and their expulsion from the state is an apt judgment,” he said.







The government-backed Shariat court headed by Mufti Sr. claims to have

found the conversion took place through alluring the youth by means of

monetary benefits and that in order to maintain the communal harmony

between different faiths living in Kashmir it had to come up with the

“facts.” The court imposed a “complete ban” on pastor Khanna, his

accomplices Ghayoor Messiah and Chanderkanta Chandra and Dutch national,

Jim Borst “for their involvement in luring Muslims of Kashmir to

Christianity by exploiting their financial conditions and promoting

immorality.”







The court has existed in Jammu and Kashmir since the early 1960s. Mufti

Bashiruddin is the judge of the court and the appeal against this court

lies in the civil court. It, however, has no enforcing agency like police

to implement its judgments.







Earlier the Srinagar police had while keeping in view the sensitivity of

the issue, registered an FIR under sections 153-A, 295-C and 186 of the

Ranbir Penal Code, the Jammu and Kashmir equivalent of the Indian Penal

Code. The decision was taken at the highest level to avoid possible unrest

in the Valley. Unlike states like Gujarat, Orissa and Madhya Pradesh, Jammu

and Kashmir does not have a law against conversions. Section 153A pertains

to “promoting enmity between different groups... and doing acts prejudicial

to maintenance of harmony.” Section 295A has to do with “deliberate and

malicious acts, intended to outrage religious feelings of any class by

insulting its religion or religious beliefs.” Around same time, police

detained five youth who had recently converted to Christianity and were

entering a Srinagar Church reportedly to receive financial assistance.







However, since no charges were filed against him, the state's High Court on

February 11 halted proceedings in the police complaint of "promotion of

religious enmity by conversions" against Pastor Khanna. It asked the

government to file its response by March 14, and then it will set the date

for the next hearing. He can now travel because the order binding him to

the Vale of Kashmir was lifted, as well. But reports suggest the “stress”

has silenced the pastor and he has retired officially from the All Saint's

Church in Srinagar.







The issue of Christian missionaries’ encouraging conversions in the Valley

allegedly by way of allurement surfaced a few years ago with

‘whistleblower’ Moulana Muhammad Rehmatuallh, who runs Dar-ul-Aloom

Rahimiya, the Valley’s largest seminary located in northern town of

Bandipore, raising it with various religious leaders, social activists and

select journalists of the Valley and seeking their help to “nip the evil in

the bud.” But he was almost overruled and his “disquiet” did not find any

committed takers.







The contentious issue resurfaced in October 2011 when the Moulana during a

visit to a mosque in Srinagar was introduced to a local youth who had

converted to Christianity but repented the decision and wanted to return to

Islam’s fold. The cleric took him along and during his ‘debriefing’ found a

video clipping recorded on his mobile phone which revealed more than half a

dozen persons including a woman-all but one local Muslim youth-being

baptized by Rev. Khanna at Srinagar’s All Saints’ Church near Sonawar. The

youth reportedly told the cleric that he had agreed to convert after the

Church of which Khanna is a pastor offered him money and also promised

other profits.







It is learnt that the same youth was sometime back produced before Mirwaiz

Umar Farooq by the Christian priest amidst reports purporting he and other

missionaries were using money power and offering lucrative jobs and

admissions in professional institutions outside Jammu and Kashmir in order

to encourage conversions. But at that time he had strongly denied being

lured in such a way. The Mirwaiz had a cordial relationship with Rev.

Khanna and other pastors of the All Saints’ Church as he had his schooling

at Srinagar’s Burn Hall School run by it. However, he too felt hurt as Rev.

Khanna implores at the baptism ceremony to see the Kashmir Valley turned

into a Christian-majority place. Police official Mr. Bukhari and several

ulema, imams and other religious leaders from both Sunni and Shiite Muslim

sects too were shown the video and were reported enraged at the

development.







Mufti Bashiruddin chose to issue summons to Rev. Khanna and asked him to

present himself before his ‘Dar al-Fatwa’ or Islamic Shariat court to

explain his conduct. The pastor initially denied the charge of

impelled conversions. Meanwhile, the Church issued a statement that

Kashmiri youth are showing considerable interest in their religion as it

apparently offers them a road to redemption. Rev. Khanna added, “There is

no forced conversion and there is nothing which can be called allurement.

We do not offer any job or any money. We tell them ‘If you come it is your

responsibility to contribute and support the church’.” However, when shown

the video clipping he admitted to his “guilt” and apologised before the

court.







The Christian missionaries were believed to be active in the Valley mainly

on the educational front. There are about half a dozen major schools, some

of these as old as 125 years, besides a few hospitals run by the Christian

missionaries in the Valley for decades and are equally very popular among

the local Muslims for these impart comparatively better education to its

young boys and girls. Besides head Muslim priest Mirwaiz Umar, Chief

Minister Omar Abdullah, his father and Indian federal minister Dr. Farooq

Abdullah [his wife Molly Abdullah is an English Catholic and one of his

daughters is married to a South African Christian), separatist leaders

Sajad Gani Lone and even ‘father’ of the insurgency Ashfaq Majeed Wani are alumni

of these schools. Presently, the children of almost all pro-Indian or

mainstream and pro-freedom political leaders and other prominent faces of

the Vale of Kashmir are enrolled at these schools.







However, the state government had in 2010 sealed two private English medium

schools in the frontier district of Kupwara following complaints that these

were being used as a front by Christian missionaries as part of their

conversion plan. Also in September 2010, two Christian missionary schools

in the Valley were attacked during mob violence over the reported burning

of Koran in the US.



Earlier in 2005, the Christian missionaries were openly accused of seizing

the conditions thrown up by the devastating earthquake for their conversion

drive. In April 2011, a Dutch missionary, Jaap Borst, was ordered to leave

Kashmir after the state authorities revoked his visa, accusing him of

trying to convert local Muslims to Christianity. Police had detained some

Christian missionaries also in February 2006 who were allegedly trying to

convert earthquake-affected people of Uri district in north Kashmir. The

missionaries affiliated with the Bible Society of India were forced to stop

their work in quake-hit areas of Uri following complaints from locals that

they were luring people to Christianity by offering monetary incentives.

The missionaries had reportedly distributed gas cylinders, water bottles,

audiocassettes, and a copy of the New Testament in Urdu to dozens of

quake-hit families of the village.







In November 2006, suspected militants shot dead a Power Development

Department engineer Bashir Ahmad Tantray of Mamoosa village in north

Kashmir, a practicing Roman Catholic since 1995, who was accused of

arranging conversions in his area. His two daughters and a son live in

Mumbai.



There is no denying of the fact that most of the Christian missionary

groups funded by parent groups in the West, including the United States,

Germany, Britain, South Korea and the Netherlands have stepped up their

activity in Kashmir, the focus of their efforts being on the rural poor and

areas bordering Srinagar, a city of about 1.5 million people. Among

churches and missions working in Kashmir are US-based Assemblies of God,

German Town Baptist Church, and Frontiers. Besides these, there are two

German-based missions, Call of Hope and Overseas Social Service, and the

Campus Crusade for Christ. The Good Way, a Switzerland-based mission and

two Indian missions, National Missionary Intelligencer and Cooperative

Outreach of India too have bases in the Valley.







‘History-Makers’, the official website of the youth division of AsiaLink, a

Christian mission agency connecting churches with ministry among the

unreached peoples of Asia, says that there is considerable interest among

Kashmiris and response has been good to advertisements placed in newspapers

offering correspondence courses and follow up ministries. It also says “The

four million Muslims living in Kashmir are among the most unreached and

unevangelised people groups on earth. Pray for those who have been saved.

This is a huge step for them to take. Pray for grace to persevere”







On record, the missionaries peg the population of Christians in Kashmir

Valley at around 1,000. But, Christianity Today, an Illinois-based magazine

of the Evangelists, puts the number of Kashmiri Muslims “who recently

converted to Christianity” at thousands. ‘‘There are more Christians in

Kashmir than on the record. They have faith in Jesus, but don’t come out.

They are not bold about it. Their number goes into [the] thousands in the

rural areas.” Government statistics including the 2001 Census report put

the Christian population of the Valley as 3,757 including 480 females. This

contradicts the claim of Justice Michael Saldhana, former Bombay and

Karnataka High Court judge, that ten years ago there were 40,000 Christian

families in Kashmir, but in the last 2 years, the number had come down to

around 800. Justice Saldhana had with a few other activists at a recently

held press conference in Bombay or Mumbai alleged that Christians faced

“torture, persecution, en masse massacre and violation of human rights

which forced them to flee from Kashmir Valley.”







Meanwhile, Father P. Samuel, the head of Church of North India, met Geelani

in New Delhi where he is camping for past many weeks to discuss the

controversy triggered by alleged conversions in Kashmir. “I told him the

Muslims of Kashmir are not against minorities as Islam teaches us to

safeguard interests of minorities,” he said. Geelani presented Father

Samuel with a copy of English translation of Islam’s holy book Koran. Will

that help towards building the bridges and be the beginning of an amiable

chapter in the Muslim-Christian relationship in Kashmir or ‘vested

interest’ on either side will spread their net wide and succeed? The

crucial question is wide open. Also, some analysts do not rule out the

possibility of whole issue being seized for securing political gains.

A Closer Look At Claims Of ‘Persecution’ Of Christians In Kashmir – OpEd

A Closer Look At Claims Of ‘Persecution’ Of Christians In Kashmir – OpEd

'Hypocrisy is the best policy'

‘Hypocrisy is the best policy’. This was the title of a cover story written by (Late) Shameen Ahmed Shameen and published in Sunday, several years before I joined the magazine in mid-1980s. The author had talked about the trait existing among the Indian politicians then (and now too). I think many of us, irrespective of the professions we are in or our other pursuit, family backgrounds, the gender, etc., have developed the characteristic rather we tag along the policy religiously. It would not be exaggeration if I say it has made a way into our blood now.  

It was to put across this point that I had yesterday narrated a true story (read it below) as a comment to a photograph posted by a friend on FB. It was quickly deleted after hitting only one like that from Shabir Hussain Buchh. Apparently, it was not to the liking of someone who did it. Let me say here, no offensive was intended or to show malice towards the friend or anyone else. At least, this friend had the courage to post the photograph showing him receiving ‘certificate of merit’ and refer to (then) Governor of Jammu and Kashmir who gave it away at the convocation as “His Excellency”. And now read the story of another friend and which I had recounted with the purpose explained above:     

‘A friend, now a professor at a City college, had arrived at the Kashmir University convocation to receive his ‘degree’ certificate either from then Chief Minister Dr. Farooq Abdullah or President of India who were present at the podium. This guy would always blow his own trumpet to be wedded to the azadi cause and would often curse Farooq Abdullah and all others on the other side of the fence for obvious reasons. Apparently feeling out of his depth rather mortified, he pointed to his right hand wrapped with bandage. Asked (as to) what had happed, the poor guy said, “There is nothing like that there. It is absolutely alright. I’m only pretending to have been injured so that my hand (precisely the flesh) does not touch his (Farooq Abdullah’s or that of the President). How can I shake my hand with a traitor (Farooq). I keenly watched him receiving his degree document with both his hands and then shaking his right hand (of course in dressing) with the Chief Minister and smiles on the faces of both and claps from almost everyone present.  I’m sure he would end up becoming a successful politician.’              

No Justice Done For ‘Widows & Half Widows” – Book Review

No Justice Done For ‘Widows & Half Widows” – Book Review

Widows & Half Widows

Saga of extra-judicial arrests & killings in Kashmir

Author: Afsana Rashid

Publishers: Pharos Media, New Delhi

Pages: 192 Price: Indian Rs. 200

More than two decades on, the Kashmiri campaign for separation from India, often referred to as “freedom struggle” by those who espouse it, has lost much of its violent intensity. But while the entrenched political realities may be slowly changing, recent studies have shown that ten million Kashmiris are increasingly heirs to a lineage of suffering that, after years of insurgency and tough counter-insurgency measures initiated by the Indian state, has no end in sight.

One of the most traumatic consequences of the armed conflict is Enforced Involuntary Disappearance (EID). Since 1989, when the separatist campaign burst into a major violence, more than ten thousand people have disappeared after they were seized by security forces and other official agencies as is being claimed by Association of Parents of Disappeared Persons (APDP), an organisation of the relatives of the EID victims. The government disputes the number and even claims that some of those who went into missing may have joined the militants’ ranks or crossed over to the other side of Line of Control.

But the contradictory statements successive governments and various official agencies under these have come out with every now and then not only betrays reliability of such claims but also shows the triviality and silliness with which those at the helm of affairs perceive an issue which has left indelible scars on thousands of women leaving them as widows, half-widows and destitute as a majority of the victims of EID were married men. Being related to them as daughters, mothers, sisters and wives, it is mainly women who are suffering in the absence of any information about the whereabouts of the disappeared men. Their wives have acquired the title of 'half-widows' most of whom are left without any entitlement to land, homes, inheritance, social assistance and pensions and even face pestering at home and at the hands of the society.

Afsana Rashid, a young woman journalist of the Valley, has tried to mirror the miseries of these women who, she justly says, are “even after years of the disappearance of their husbands, sons and fathers still on a daily search for their loved ones while trying to discover their own identity-are they widows or not widows.” But it appears she has not been wholeheartedly involved in the important subject as it is or to the level it demanded from her; hence she has only botched to do justice with it. After reading her work, the question one is confronted with is; a successful journalist she may be was she in hurry to enrol her name as a book author as well?

It is claimed that it is a ‘book’ that compiles the tragedies of these women to give a voice to the voiceless but it would be incongruous to call it a book. Compilation, of course it is; merely an anthology of something, the most part of which had already been there in print. A recap of official handouts of the APDP, the statements its activists or others connected with the subject made or the interviews of the suffering women that appeared in local or outside newspapers from time to time. Some of these, filed by Afsana Rashid herself, seem to be not any better than wire agency copies.

Paradoxically, she has not even troubled herself by reediting the already published newspaper/ wire reports before slotting them in. That is why one comes across the phrases like “he (she) said here today.” Several APDP statements have been incorporated verbatim, rather reproduced here, and the reader finds himself but at a loss when told about APDP’s past plans such as asking people to observe ‘complete shutdown’ on August 30, 2008. As more than one newspaper reports on same or similar subject matters too have been inserted, again to the letter, the reader loses interest halfway.

While discussing the case of Tasleema Bano, a young widow, two of her statements made on two different occasions, and already appeared in newspapers, have been included which only leaves the reader bemused about her plight. Does she know her husband is dead or she doesn’t even after his corpse together with four other victims of fake encounter killings was exhumed from a cemetery near the town of Ganderbal. Like several other portions, Chapter 1 is nothing but an anthology of borrowed bits and pieces pertaining to the historical background of Kashmir conflict, nothing less or more than usual wire agency copy of a Western reporter. Likewise, Chapter III introducing APDP to the reader but then on Page 41, the author does it again. There are some factual errors there as well or, at least, some facts have been given a perverted dye before putting them in. Was APDP faction head Parveena Ahangar really a Nobel Peace prize nominee? Nominated by whom? Wasn’t it in the wish list of a home-grown organisation which the writer has failed to identify? It tantamount to misinforming the reader, to say the least. Hizb-ul-Mujahedin ‘supreme commander’ is Syed Salahuddin, not Muhammad Salahuddin, Afsana who is covering Kashmir for over a decade now should have known it.

It appears, Afsana has not bothered to learn the basics of writing a book, if she still claims, ‘Widows & Half Widows’ is one, before seeking to become an author. These may not be as complicated as some may think. Having said that, ‘Widows & Half Widows’ would have been a better piece of writing (or reading) had Afsana opted to do a self-assessment by reading her own work or even submitting it to excerpt (s) who would have gone for critique it for an honest assessment. I’m sure neither has been done. Evaluations are very important because they help towards determining where one needs to concentrate to make his or her story the best that it can be. At best, ‘Widows & Half Widows’ can be described on the whole as a collection of records which were already in print but strewn and have now been put before us as a paperback. Yusuf Jameel

Omar Abdullah In A Fix Again – Analysis

Omar Abdullah In A Fix Again – Analysis

Yusuf Jameel

Srinagar, Kashmir (India): The Chief Minister of restive Indian Kashmir, Omar Abdullah, it seems, is in a fix again. The State Accountability Commission (SAC) has directed him and eight other senior government functionaries to appear before it with replies to a petition against appointment of political favourites as heads of autonomous bodies and advisors with ministerial ranks on March 5.

The notices were issued Friday after the Commission initiated a formal inquisition into a complaint that the Omar government has picked up an army of political favourites and some ‘blue eyed boys’ and appointed them as advisors and heads of various government-sponsored autonomous bodies, some of them holding the rank and status of Cabinet minister and drawing hefty salaries besides enjoying other perks at the cost of state exchequer.

SAC, constituted under Jammu and Kashmir Accountability Commission Act, 2002, is authorised to inquire into grievances and allegations against public functionaries and for matter connected therewith.  The Commission consists of a Chairperson and two Members. As per Section 4 of the Act, the Chairperson and the Members are to be appointed by the Governor after obtaining the recommendations of a Committee consisting of the Chief Minister, the Speaker of Legislative Assembly, the Chief Justice of the State High Court, the Law Minister and the Leader of Opposition in the Legislative Assembly.

[Government recently decided to implement the recommendations of the Second Administrative Reforms Commission of India given in its Fourth Report on ‘Ethics in Governance’ where under, among other things, the Commission has recommended that the jurisdiction of the Accountability Commissions be restricted to investigate the cases of corruption against Ministers and Members of Legislature only so that its remains focused on checking the menace of corruption in high public offices. For this purpose, the Jammu and Kashmir Accountability Commission Act has been amended to restrict its operation mainly to cases of corruption by political executive like the Chief Minister, the Presiding Officers of the State Legislature, Ministers, Advisors including Advisors to the Chief Minister, the Members of the State Legislature and persons holding the status of a Minister]

The SAC has in its February 17 order in particular described the appointment of two senior advisors to the Chief Ministers with the status of a Cabinet Minister and Minister of State (junior minister) and their entitlement to the amenities attached to the office of such government functionaries seemingly to be without any authority of law.

[Minister for Law, Justice and Parliamentary Affairs Ali Muhammad Sagar, however, claims the appointments are within the parameters of Constitution and law of the State and as such absolutely legal as per the Constitution of the State. He told reporters, “We’re examining the SAC notice and will reply to it in accordance with the rules. The appointments are legal and in accordance with the constitution of the state”. Asked whether Advisors and Vice-Chairmen should step down in the backdrop of SAC notice, the Minister said, “There are no corruption charges against them that they will resign. The appointments are constitutional and legal, so there arises no question of their stepping down”. He further said that it is not for the first time that such appointments have been made by a government and that the practice has been in vogue with various regimes and administrative setups in the State in the past also]

The bolt from the blue as the SAC move is being seen by many in Jammu and Kashmir as the official name of the Himalayan state goes-listed as the second most corrupt states in India (the first being Bihar) in a survey done a few years ago- and beyond has come at a stage when the Opposition has stepped up its tirade against the Omar Abdullah government openly accusing it of shielding corrupt within. The recent bizarre episode of a senior minister Peerzada Muhammad Sayeed being allowed to continue in the Council of Ministers even after he had quit in the backdrop of an official probe corroborating the charge that his foster son had, conniving with the concerned officials who were working under him, cheated in a senior secondary examination is being presented as a glaring example of the Chief Minister’s leniency.

Some outspoken faces in Omar’s National Conference (NC) party including his uncle and former minister Sheikh Mustafa Kamaal have explicitly blamed the Congress leadership in New Delhi for “robbing” the coalition government of much of its credibility [Kamaal was recently sacked as the chief spokesperson of the ruling party as his similar outbursts in public had angered ally Congress party]. For it was Congress president Sonia Gandhi who reportedly rejected Peerzada’s resignation submitted directly to her instead of the Chief Minister to follow the precedence. Peerzada’s act not only showed the contempt he had for the Chief Minister but the rejection of his resignation by the Congress president put on parade Omar’s weak standing within the coalition he heads. At least, it was a conspicuous grim reminder of the compulsions of coalition he has been working under, say the Kashmir watchers.

Sadly, the chink in Omar’s armour appears to have sent a wrong message across the bureaucracy and rest of the state administration which in all probability will leave an adverse impact on its performance. “The institution of Chief Minister itself has been undermined,” alleged a former chief minister and patron of Opposition Peoples’ Democratic Party Mufti Muhammad Sayeed. However, it is still open to question where the fault lies.

Facts of the case and possible fallout 

Against the backdrop of Omar’s dependability being questioned openly, the SAC’s move is seen as being loaded with far reaching consequences for him. The notices issued to the Chief Minister, his Advisors and Vice-Chairmen and Chairpersons of various advisory boards seek their appearance in person or through their counsel for filing statement of defence before the Commission on March 5. The direction was passed in a complaint against former minister and senior Congress leader Khem Lata Wakhloo in capacity of chairperson of J&K Social Welfare Board. The main charge against her is that she enjoys the salary, perks and other amenities admissible to a Minister of State without being legally entitled to. Consequently, the appointment of Advisors to the Chief Minister and chairmen of all the Advisory Boards came under the ambit of the complaint.

Hence, the notices have been served on the Chief Minister and his Advisors Devinder Singh Rana and Mubarak Gul besides half a dozen hand-picked heads of various state-sponsored advisory bodies including Board for Development of Pahari Speaking People, Advisory Board for Development of Gujjars and Bakerwals, Advisory Board for Development of Kissans, Advisory Board for Welfare and Development of Other Backward Classes, Advisory Board for Development of Scheduled Castes and State Commission for Women. The beneficiaries are prominent faces in NC and Congress.

They have been directed by the SAC through the notices to show cause as to why interim recommendation in terms of Section 16 of the Act may not be made. The Commission comprising its Chairperson Justice Y. P. Nargotra and Justice Hakim Imtiyaz Hussain has also directed that the copy of the order be also sent to the Governor as per the requirement of Section 13 of the Act. “The posts of Advisor and Political Advisor to the Chief Minister have not been shown to be the creation of any Statute or the Constitution of Jammu and Kashmir", the Commission observed while raising a legal question.

Responding to the government’s claim that the posts were created and filled up by in exercise of its administrative and executive discretion, the SAC referred the Constitutional mandate and observed “under the Scheme of the Constitution, the executive power of the State is vested in the Governor to be exercised by him directly or through a person or authority as he may direct. No order issued by the Governor delegating any such power in favour of the Government or any authority has been brought to our notice as yet”.

However, assuming that the government has been delegated with the power of creation of such posts for smooth running of the affairs of the State, it said that still the power to regulate the recruitments and conditions of service of persons appointed to public services and posts in connection with the affairs of the State under the Constitution lies with the Legislature, who may by law regulate the same and in case legislature has not made any such law, then the power lies with the Governor to regulate the same either directly or through a person he may direct.”

The SAC further said, “In the present case neither any statute of the legislature nor any order of the Governor whereby the Government has been specifically vested with the authority to appoint Advisors to the Chief Minister and confer upon the Constitutional status of a Cabinet Minister/ Minister of State for dealing with the affairs of the State and enjoying the amenities attached there to, has been brought to our notice by the Government while furnishing the information.” It observed that no person unless appointed in accordance with law under the State can legally be entitled to deal with the affairs of the State and the payment of any remuneration. “Any appointment made and any remuneration paid without authority of law by the Government would be nothing but a political favour at the cost of public exchequer”, it added.

The Commission also said that in the case the appointment of Rana and Gul as Political Advisor and Advisor, respectively to the Chief Minister with the status of a Minister of state and Cabinet Minister and their entitlement to the amenities attached to the office of a Cabinet Minister/ Minister of State “appear to be without any authority of law”.

Kashmir And The Geelani Transformation

http://www.eurasiareview.com/17022012-kashmir-and-the-geelani-transformation-analysis/

February 17:

(Srinagar, Kashmir – India) –  Kashmir’s eminent separatist leader Syed Ali Shah Geelani, who is seen as being divisive by many Indians, has been camping in New Delhi for the past few weeks essentially to escape the harsh winter back home — for health reasons as is being claimed — and has been lately engaged in pastimes that seem to reflect a major change in his outlook.

Many Kashmir watchers have described it as a ‘from inflexibility to malleability’ kind of tale which has, by and large, gone unnoticed in the Indian national media.

Geelani has been in meetings and holding both open and closed door talks with various key characters of Indian mainstream politics, members of the civil society, think-tank constituents and even some people believed to be close to the corridors of power, if not part of it, alongside his meetings  — or attempted ones — with members of the diplomatic corps (Latest reports say he has sought audiences with senior diplomats from China, Iran and Japan). Geelani has also tried to strike a chord with the students’ community. All this is aimed at the “wining hearts and minds” of the Indian masses, to acquaint them with “reality of Kashmir” and, at the same time, garner support of the international community, as suggested an aide.

More importantly, the octogenarian separatist leader’s pursuit has received unqualified support from an equally hitherto obstinate player of Kashmir’s jihadi politics -Muhammad Yusuf Shah alias Syed Salahuddin, the ‘supreme commander’ of the frontline indigenous rebel outfit Hizb al-Mujahedin and through him from the United Jihad Council –  an alliance of various Islamic militant groups operating from the Pakistani side of the Line of Control or de facto border that divides the scenic Himalayan region in dispute between the two South Asian neighbours since their independence from Britain and over which they have fought two of their three major wars — which he heads as well. “I personally and the Jihadi leadership in general are quite happy and satisfied over his pursuit. The Hurriyat (Conference) leadership must go out of Jammu and Kashmir to plead the case in any forum and any institution or house,” the Hizb chief said in an interview with a Srinagar-based news agency recently.

Hurriyat (freedom) Conference is an alliance of various separatist or pro-freedom political parties and groups in Kashmir split between supposed moderate and extremist factions, and which is presently headed by the region’s chief Muslim cleric or Mirwaiz Muhammad Umar Farooq and Geelani, respectively.

Geelani has also earlier this month had a “cordial and productive” meeting with noted Indian lawyer and ‘Kashmir Committee’ convener Ram Jethmalani in New Delhi, which has surprised the pro-freedom leader’s critics as he had not only distanced himself from such engagements with the so-called moderate leadership of the Hurriyat Conference and others in the pro-freedom camp who he was involved with some time ago, but had opposed them in open. The Kashmir Committee was then openly accused of being part of the cause of split in the conglomerate or, at least, having encouraged the dissent within it.

Without doubt, Geelani’s competitors within the pro-freedom camp particularly Mirwaiz Umar Farooq and Muhammad Yasin Malik of the Jammu Kashmir Liberation Front — which seeks complete independence from both India and Pakistan to make Kashmir an independent, sovereign country — would like to have the last laugh over the makeover.

But what is noteworthy is the pliability witnessed both in Geelani’s talk and actions of late, although he has not changed his standpoint on the nitty-gritty of the Kashmir issue and still insists on holding a plebiscite as is envisaged in relevant, but now almost defunct, resolutions passed by the UN Security Council from time to time or holding of tripartite dialogue between India, Pakistan and Kashmiri leadership on the principle of equality and keeping in view the “historic background” of the conflict. At the same time, Geelani who would until recently pledge to make Muslim majority Kashmir part of Muslim Pakistan, now openly says it is neither part of India nor that of Pakistan.

This, according to some observers, will have a major impact on Kashmir politics in times to come. Syed Salahuddin’s outright support of  Geelani is another indication that things on the Kashmir front are getting ready to take what many Indians see as a positive turn. The UJC chief is reported to be less than happy with Islamabad’s Kashmir policy and has publicly termed it as “half-hearted.”It is also said that during President Pervez Musharaff’s regime Syed Salahuddin was so disillusioned at its Kashmir course of action that he had suggested to the like-minded political leadership in the Vale of Kashmir, predominantly Muslim and considered as being the centre stage of resistance movement, to try to find and work towards an “honourable exit” by engaging itself in talks with concerned quarters. He strongly denies it today, but does admit that Musharraf’s Kashmir policy — particularly the 4-point formula supposed to address the issue — actually dealt a severe blow to the “Kashmir cause”. His latest talk and Geelani’s pastime in the Indian capital only expose the gaff. Muslim League, a radical political group and one of the important constituents of the Geelani-led Hurriyat Conference faction, has, meanwhile, disassociated itself from his activities in Delhi without actually elaborating on the issue, which signifies that the path chosen by the ailing Geelani, or the task ahead, is not that easy either.

Athwas-Partnership

The business communities from the two sides of Line of Control in Kashmir are now in partnership to secure their interests. Can’t journalists and other members of the media fraternity follow suit? At least, we can have a joint group of all earnest and legitimate members of the tribe purely to promote professional values and proficiency and for a free and fair exchange of ideas. The endeavour may also provide the basis for a healthy collaboration.

Let us ponder over it.

Yusuf Jameel: Mazhar Imam and Kashmir: A tribute

Yusuf Jameel: Mazhar Imam and Kashmir: A tribute

Mazhar Imam and Kashmir: A tribute

Mazhar Imam and Kashmir: A tribute

Yusuf Jameel

…..

Mazhar Imam, ailing for some time, breathed his last in New Delhi earlier this month. Inna lillahi wa inna ilayhi raji'un (إِنَّا لِلّهِ وَإِنَّـا إِلَيْهِ رَاجِعونَ)). 'Surely we belong to God and to Him shall we return'.

The eminent Urdu poet and critic was, during his stint as Director Doordarshan, Srinagar, my next door neighbor at City’s Press Enclave, named after my friend and colleague Mushtaq Ali after he fell to a parcel-bomb explosion in my office in September 1995. I met Imam Sahib, for the first time, sometime in early 1980s during a visit to his apartment. I had gone there actually to see another Urdu poet from Bihar, Manazir (Hassan) Ashiq Harganvi who was staying with the family during a brief visit to Srinagar. I think being a true lover of nature’s beauty and vista, Manazir Ashiq had come to Kashmir to pay his tribute.

Sometime in March 1988, I shifted to 8 Pratap Park facing the building block where Mazhar Imam lived with his family in a second floor apartment. He was a good, soft-spoken neighbor yet we would meet hardly ever. His spouse, a courteous lady, would, however, do all she thought was indispensable towards complying with what we know is good neighborliness.

Whenever I would come across Mazhar Imam, he would quiz me: ‘Why don’t you come to Doordarshan. Are bhai ek, aadh programme karne mein kiya haraj hai?’ I was reluctant and would try to convince him. “I know your compulsions, the limitations within which Doordarshan has to work. I’ve my own views on issues and I don’t want to cause embarrassment to you or to myself.’  He would agree but then after some time ask again. He had poor opinion about some of those from my tribe. The dislike would be paid back in the kind; sometimes in open, at get-togethers.  I do remember how difficult it turned out to be for us to restrain (late) Maqbool Hussein during one of these gatherings held at the Srinagar Club. I never asked either side the reason behind this antagonism.

Kashmiri ‘freedom’ campaign burst into a major violence towards the end of 1989. New Delhi responded by launching a tough military campaign to put the rebellion down. People began to fall prey to the barrage from twin guns (a third one that of renegades as well as the invisible one had yet to arrive at the scene) supposed to be pointed at one another. Mayhem followed. The men in khaki began to treat everyone at par, brutalizing the entire population. On the other hand, select killings became a favorite pastime with the sections of or individuals within the rebels for whatever reason or excuse. It were mainly innocent civilians who would be killed or injured, properties vandalized in bombings and cross firings at public places followed by reprisals and other acts of senseless vengeance.    

On the night after the January 21, 1990 massacre at Gaw Kadal, Srinagar, Imam Sahib’s wife shouted for help. “Jameel Sahib, yahan aayee. Khuda ra jaldi.” We could hear gun shots from somewhere nearby. We could also hear people screaming amidst pro-freedom slogans being broadcast through mosque loudspeakers. There was ambience of dreadfulness; fear and scare overwhelming. Our photographer Habibullah Naqash and I rushed out and ran towards their apartment. By the time, she had come down to the entrance way. “Imam Sahib ne logoon ke chikhne, chilani or ronee ki awazein sunin aur woh kahin chaley gaye,” she said in choked voice.

We hurried on to the Residency Road and saw Imam Sahib walking towards Lal Chowk-Maisuma area. All the street lights had been put off and darkness had only added to the scary setting. I asked him where he was going; to do what. He replied. “I think people are embattled and need help. Let me see if I could do something.” Suddenly gun fire came from somewhere in Lal Chowk and hit the shutter of a roadside shop close at hand, creating a terrifying sound. We virtually dragged Imam Sahib inside the Press Enclave where his wife was waiting anxiously.  He was trembling and we could also hear his heart beating fast. His wife screeched. ‘He would collapse. Please, take him upstairs,’ she asked. After hard persuasion, we conducted Imam Sahib to his room. His wife gave him water and some medicines. We returned to our quarter. 
 

A couple of days later, we saw a truck parked outside and furniture and other household items from Imam Sahib’s apartment being loaded into it. ‘We’re leaving,’ his wife informed us. Most of our neighbours-Kashmiri Pandits-had already left. Imam Sahib hugged me and I could see his eyes were wet.

A year or so later, I was gazing at books at a stall during the New Delhi World Book Fair in Pragati Maidan that I heard a familiar voice, asking, “Jameel Sahib kaise hain.” It was Imam Sahib standing with his wife and some other family members behind me. We met with all warmth and cordiality. ‘Kashmir ka kiya haal hai?,” he asked. Before I could answer, he told me that he had kept himself abreast of happenings in Kashmir. “My heart goes out to the people of Kashmir,” he said in poignant pitch.

Son of a postmaster, Imam Sahib was born in Darbhanga district of Bihar but found his true calling in Kashmir, and later in Delhi. He had started his career as a journalist with the Calcutta daily Caravan. He was conferred the Sahitya Akademi award for Pichle Mausam Ka Phool” in 1994, joining an elite list of the likes of Nida Fazli, Makhmoor Saeedi, Bashir Badar, Sheen Kaaf Nizam and Jayant Parmer. yusufjameel@gmail.com