Justice is a word, that revolves and circles around peace, love, affection, safety, security, honesty, it is pertinent to behavior, treatment that is right and fair, the quality of being right and fair, the administration of law and order in a fair and reasonable way, a judge or magistrate, it can be said to treat someone’s something with due fairness. Justice is not justice, it itself qualifies injustice and cannot be said to be justice if it is delayed and not given on time. Time factor is very important in delivering of justice otherwise it becomes nominal and useless.
The Kashmir is a valley surrounded by three powerful countries, all vigilant as an eagle to scoop down and take it away. Pakistan, China and India. Pakistan holds POK, China holds COK and India holds IOK, three ropes are being pulled to take charge and hold of it completely. People of Kashmir are thrown from one side to another, shaking like pendulum in this three way tug of war.
We speak of Kashmir on internet and social media only when Kashmir is on boil, till then Kashmir is lost and goes on missing on internet and Facebook. People become active on social media only then, otherwise, social media says “ARE YOU THERE”.
Till now many youths were murdered from 1989, till now, cases were lodged in courts for speedy justice, but not a single verdict has been given in favour of the complainant of the deceased and sufferers till now, only after arguments next date is given, that too long dates. The people who want justice who were inflicted due to turmoil one way or other, or whose loved one was assaulted or killed by security forces, knocked the doors of judiciary, for justice but have failed miserable in getting it, and are running from pillar to post for the same. Even many have lost cases in lower court, high court and now they have filed applications in the Supreme Court to get justice. Still not confident whether they will get justice or not, only money on advocates is spent in thousands and lakhs, to run the cases of deprived to receive justice from other end. This is very irritable and irrational on part of state government, who have always said, that guilty would be booked, not spared and be punished. Many people have complained that we face threat from police agencies to take our cases back, and even police erases the written statements of witnesses, just to safeguard their cleaness and security. So, where justice is free to be given many feel injustice there.
Now pointing an arrow towards separatists they are no different from the people of Kashmir. They also become active and start giving calenders when people jump randomly to take part in agitation or when some untoward incident occurres in Kashmir to be limelighted, till then they also forget the freedom movement and go in hibernation or slumber. If people would not have agitated on the death of Burhan Wani, and died, things had been going smoothly in Kashmir. With no one to be blamed on.
Kashmiri people aren’t active through out the year, everybody is busy in earning money and with other activities of life. Those recent years after 2010 till July 8, 2016, went peaceful, if anytime separatists used to give call for strike, common men used to get irritated and used to speak Ill of separatists. That is absolutely true. They would not entertain the strike with open hearts and willingness.
Kashmiris have always taken things lightly and underestimated the struggle not for freedom but for justice. Because freedom comes only when people fight for justice. The agitation for movement is ignited after the gap of every 5 to 6 years, otherwise, people have accepted to live with India, because India is more safe place to live in than Pakistan. In India no suicide bombers are waiting outside the mosques to kill Muslims who go to offer prayers, no genocide of Muslims is done in India other than Kashmir, that too when Kashmir is on boil, or when something unexpected happens.
All minority groups feel safe and secure in India than in Pakistan. Even many other majority groups don’t want to merge with Pakistan and want to live in an independent Kashmir. Pakistan as a Muslim country is good for name, but to live there is to live in the hell.
Why justice is delayed here, because we don’t do justice with ourselves, we fight for that, what we forgot oftenly, consistency never remained there in an agitation, or for freedom, the graph of boil goes up for few months then slowly declines to normal, as if nothing had happened.
Kashmir being a conflict zone has always remained in news in one way or the other since 1947 when something extra ordinary happens. After the partition of India, the only princely state that did not merge with either of the country was Jammu and Kashmir State. Maharaja Hari Singh didn’t get sufficient time to decide the fate of the state due to the Kabali raid. The Jammu and Kashmir was never part of India or Pakistan. Jammu and Kashmir never participated in the freedom struggle of India against the British. It was a state ruled by Dogras, and not by India and Pakistan or China. It is after India got freedom and Pakistan got created as an independent country, a Kashmir problem came into existence, as it was surrounded by three sides by India, China and Pakistan, as both countries worked hard to merge this valley with them, but when no country got success, they left it to people of Kashmir to decide, till now it is as it was, only thing that changed was the presence of Indian army, that Sheikh Muhammad Abdullah brought requesting Nehru, to keep safe Kashmir from Kabalies, and from other attacks from outside enemies, and not to get Indian army get settle in Kashmir.
Even after the raiders were pushed back, he was in a fix to decide, which country to join. He had decided to have stand still arrangements with both the countries. Jawahar Lal Nehru, who was pained by the making of Pakistan, was not happy though now he was keen to have Kashmir with India, could read the mind of Maharaja and played a trick in the release of his trusted associate Sheikh Muhammad Abdullah from jail, when Gandhi met Maharaja in Srinagar in September 1947. As a good friend of Nehru, and bringing him out of jail, Sheikh Muhammad Abdullah didn’t want to betray Nehru, the conditional accession came into being, courtesy Sheikh Muhammad Abdullah, who was already staying with his mentor in Delhi, after coming out from jail. Kashmir that time was also tense and peace was missing, due to this reason Nehru took the issue to United Nation’s and made his friend Sheikh Muhammad Abdullah as the Chief Administrator. The implementation of United States resolution of holding plebiscite was based on the principle of restoring of peace and withdrawal of forces by both countries from the erstwhile Jammu and Kashmir State, but unfortunately both the countries failed to withdraw their forces from the disputed areas, Azad Kashmir and Kashmir. Meanwhile, Nehru was gaining time, and was busy in manipulation things.
During this time period, Sheikh Muhammad Abdullah constituted the constituent assembly and the members who were in the party were never elected but selected, therefore, didn’t represent the people of Jammu and Kashmir State particularly the part of PoK.
The Nehru’s hortatory made Sheikh Muhammad Abdullah to accept what Nehru wanted that time. But what God does nobody knows, and the arrest of Sheikh Mohammad Abdullah in 1953, was the great loss for the peace process in Kashmir. This happened under the shadow of Karan Singh, the present MP and the then Sadri Riyasat. That time also Kashmir witnessed and was under the breach of trust, that still is continuing. A close associate of Sheikh Mohammad Abdullah, Bakshi Ghulam Muhammad also behind the coup, was appointed as the PM by the Central Congress headed by Pandit Nehru. Here it is to mention, changing hands and minds, for power, with no sincerity and faithfulness even that time, spoiled the demography of Kashmir. Trust was lost, and stabbing on back was grounding it’s roots from all sides. The good friends became bitter enemies.
The state constituent assembly ratified the accession in 1957 when the issue was still pending before the UNO and is still pending before UNO, with no seriousness and interference is found, even UNO also breached the trust of Kashmiris from 1947 and UNO also is seeing Kashmir issue as a silent spectator, until it’s doors are not knocked.
The identity and special status and position of Jammu and Kashmir State, granted by article 370, the only bridge between the Union and state was continuously eroded, till it became weak and hollow shell, and is now vibrating since 1947, anytime to collapse with no tight and strong ropes holding it. The main architect of this erosion and close associate of Sheikh Mohammad Abdullah whom Sheikh trusted a lot was done by his own counterpart. Before 1977, elections in Kashmir were not held in a fair manner, due to which Chief Minister’s were never elected by the people but were appointed, by the Congress and higher authorities of that time, people from 1947 till 2016 were never brought into confidence only verbally and betrayal game was played from past and is still going on, where no hope of justice is seen.
Both close associates of Sheikh Mohammad Abdullah, whom he had faith and trusted them, Bakshi Ghulam Muhammad and Mohammad Sadiq went against him leaving Sheikh in a lurch, just for mere power and Chief Ministership, had they been faithful and United, today’s generation would not be suffering.
In 1975, Sheikh Muhammad Abdullah, after raising the bogey of plebiscite and straying for 16 years, that got lost and wasted in history, was appointed as Chief Minister of State with the support of Congress legislature party. He was again appointed and not elected. The reason of appointing leaders and not electing, did not give chance to Kashmiris to think or resist against them, and the roots of democracy were never allowed to grow and get strengthen in Kashmir. In 1977, the diplomacy and cunningness of the Congress Party again withdrew their support to Sheikh Muhammad Abdullah which again led to the downfall of the government with breach of trust, if this government would have been elected and not selected or appointed such things would not have taken place or creeper in. That time Mufti was the state president of Jammu and Kashmir. No joint efforts were made to make sure that plebiscite would be done in Kashmir.
Those who were close associates, of Sheikh Mohammad Abdullah didn’t allow Sheikh or his party to grow as a power, to take any strong decision for Kashmiries, trust deficit was on air, and the same associates got busy in forming of their own political parties, unity was shattered.
For any state, to make it strong, political stability is needed and is important to flourish it, but again Union government never allowed and wanted political stability in Jammu and Kashmir just for their personal ends and money. Again the unconstitutional dismissal of NC government led by Farooq Abdullah in 1984 after the death of his father Sheikh Muhammad Abdullah substantiates the fact that Congress never wished to allow the democracy to flourish in Kashmir. Again Farooq Abdullah was selected and not elected. Now again in 1987 election, the NC and coalition government hit the last nail in the coffin by rigging assembly seats, which MUF candidates were winning. This led to the unending turmoil and tragedies in Kashmir valley since 1990.
The trust deficit of NC and Congress always cheated the people of Kashmir only to rule them, and not to love the people. Never any demand was fulfilled and people of Kashmir always sailed in rudderless boat till now. Plebiscite was never allowed to surface, because of fear of losing their posts and mandates. Not only the centre, but also the leaders of mainstream political parties are responsible for all this mess. Even Syed Ali Shah Geelani stood in elections for MLA but got defeated and from then, he showed resistance against the government and formed Hurriyat Conference.
Not even a single political party got success in providing good governance, to the people of Kashmir. Just all were busy who got selected, in filling their accounts and purchasing their assets for their generations leaving people unattended. Why the main plebiscite got lost was only because of nepotism and rampant corruption. Hoodwicking people by our own mainstream leaders has become a habit and talk of time.
The main issue got ignored due to officers who were and are corrupt, facing trials and are Manning the plump and important postings. Due to which justice got delayed, died and is still in the pipeline waiting to see the light of birth.
The so called high court, the autonomous body of justice, ordered regarding the officers not to be given responsible position and posts, if the person is corrupt or involved in any criminal case are flouted. Many officers who are part and parcel of crime and corruption and are in the arena of Corruption or are facing trials or are either bailed out or are at large, in many illegal cases.
This has totally blocked the minds of teens and youths, because they have seen nothing good from their birth and their psyche has been effected very much. They have seen nothing but bloodshed, agitation, deaths, stone-pelting and turmoil.
Now, the deaths of 100 civilians, youths mostly teens, maiming, killings, is only the cause of mistrust done by Congress and NC jointly and now by PDP-BJP are in the field for the same. The use of pellets and bullets have even more shaken the faith of youths and teens.
Justice has never been done, with the people of Kashmir, is because of the failed promises and result of injustice done with them in all fields and sections of the successive Governments is the cause of present unrest.
The hatred of youths towards the centre and present state government is continuously boiling with no space left to be cooled. Since the inception of the present turmoil, many debates were held in state and centre government for peaceful settlement and resolution but their double speaking and lust of power failed to get some positive outcome.
Recently, the debate that was held on August 10th 2016 for long six to seven hours in the upper house of Parliament including Raj Sabha, on the compulsion of Ghulam Nabi Azad was good enough to listen, but the speech delivered by Karan Singh besides Sitaram Yechury was the best. They categorically and unanimously spoke on the problems faced by the Kashmiri people and the break down of L & O and existence of the governance of the present establishment. He also admitted openly that many wrongs were done in the past and he could write 10 volumes of books on it. He also stands witness to some of the vital political events of post 1947, Kashmir history.
So coming to conclusion, the breakdown of promises, betrayed, injustice, fooling the people of Kashmir time after time, taking undue advantage of them, taking their demands and voices lightly, crushing their avidity, aspirations, hopes, building homes of Corruption since 1947, never bringing Kashmiri people into confidence and in any dialogue, shows why justice is delayed, because the people of Kashmir themselves are at fault by changing their parties, making new parties, deceiving their own counterparts and political parties and leaders, never remaining consistent and faithful to their motherland, can never ever deliver justice, that is why justice is always been delayed and will be delayed in the case of Kashmir.
The views presented in this article are the Author’s own, and does not in anyway depict the views of the Kashmir Digest. This is an Op Ed.
Syed Abadi Hamdani
Freelance Writer
Writes on Social, Economical and Environmental Issues.