“Order On Mass Graves and Custodial Disappearances Led to New RTI Rules”

KL: Now that you have joined PDP, do you think your job as an RTI activist is over?
RM: No it’s not over. I will be an RTI activist till I am alive. We did RTI activism for seven years. We worked on three fronts of RTI Act. Awareness, advocacy and its implementation. We ensured that a new RTI Act got enacted and the SIC was constituted. We had basically recommended the name of Mr G R Sufi for the Chief Information Commissioner’s post. Now people are using the act to get information and SIC is functioning. At this point, I thought that my job as Convener, J&K RTI Movement, was over and I needed to focus on other issues for which entering politics was very important. I joined PDP which I think is most reasonable political party and people still remember “Woh Teen Saal” of Mufti Sahib.

KL: You started the RTI activism in Kashmir. People came and joined. Now you have joined politics and you will be seen as a mainstream politician. People in general won’t see your actions without motive. How you will manage?
RM: Yes I have a motive to ensure PDP comes to power and gives good governance to people. I ask the people of J&K; is there any other alternative that without electing a government, our roads will be constructed, power will be supplied, and jobs will be provided to people? No. It’s not possible. We have to see which party can deliver and I thought PDP was the only option. We must strengthen the PDP so that we get transparent & clean governance.

KL: As the chief activist of RTI movement in Kashmir, tell us about some interesting experiences. Was there any such moment when the filing of RTI was instrumental in changing the situation?

Dr. Raja Muzaffar Bhat

RM: I have hundreds of instances. We made a Sarpanch to repay 5.55 lakhs back to government treasury which he had swindled under Indira Awaas Yojna Scheme (IAY). This has never happened. We ensured transparency in IAY cheque distribution. Our RTI activist, Bashir Ahmad Malik of Khag, made CM accountable by seeking details of his official helicopter. The CM curtailed his chopper rides after that.

KL: There is a fresh amendment in the RTI Act 2010 which was made public in recent past. The rules spread over 27 pages stand discarded. Instead, new rules are on only six pages. Was it needed? The state’s chief information commissioner G.R Sofi accused the government of making unnecessary changes to make state information commission (SIC) a “toothless body”. Is this going to create a wedge?
RM: Such changes were made to clip the wings of state information commission which had power to summon top officials including even the Chief Secretary. Mr Sufi had summoned CS, Madhav Lal, in Jammu in connection with non-implementation of section 4 of J&K RTI Act 2009 and the changes in rules are result of that. The government doesn’t want to strengthen institutions like SIC or other commissions like SAC, SHRC etc more

The Menace of Drug Addiction

Abdul Lateef, 40, is a pharmacist working at a health centre in Jammu and Kashmir’s summer capital, Srinagar. Barely audible, he warbles some verses from Islamic scripture as we meet at Drug Addiction Centre run by J&K police in Srinagar. In the middle of the conversation, he forgets what he was talking about! Married with a son and a daughter, Lateef was addicted to drugs over the last 10 years. Initially, he used to smoke Cannabis. But his friends once suggested him to try other drugs. Once he did, he couldn’t stop.

“Since childhood I have been loyal to my parents. My father died some years ago and I don’t want to get separated from my mother now. I have even tried to kill myself many times out of fear that my mother will die. The last 10 years have affected my work a lot. I can’t even fix a drip set to a patient,” he says.

Over the last 10 years, he has consumed Cannabis, Diazepam, Corex, Alprax and Aspirin, “I love to be in a state where I forget everything, where I don’t have to think about my family, what will happen to me when my mother will die. In that state, I feel closer to God. I don’t know why but I love to be closer to my death.” Lateef even consumed pesticides a number of times but timely intervention by his family and doctors saved him. Lateef has now decided to lead a normal life and enrolled himself at the de-addiction centre. He was admitted to the centre in 2008 by his family but he started taking drugs again.

There are two government-run de-addiction centers in Kashmir valley. One is in Srinagar’s Police Control Room (PCR) and the other was recently established at SMHS hospital. To tackle the swelling number of substance abuse cases, a de-addiction cum rehabilitation centre “Rahat” was started at Gousia Hospital in Khanyar, Srinagar, which has treated 8853 patients for drug abuse so far. more

The Mediation Phenomenon

Manzoor Ahmed is anxiously waiting for his turn in a two-room apartment built in the premises of Saddar Court complex in Srinagar, the summer capital of Kashmir. He is here to meet a counsellor who will try to sort out a litigation filed by Manzoor against his ex-wife over the guardianship of his son. His ex-wife has taken a seat in the waiting room of the complex. The aura is befuddling, not the one you would expect in a normal court.

The counsellor sits in large room in the mediation centre. The door of the rooms opens and the name of Manzoor and his ex-wife is called. Accompanied by their lawyers, the two get up and move in. The room has a large table on one side. Manzoor, along with his advocate and a friend, take seats towards one end of the table. In most cases, the victims are accompanied by close relatives, usually parents or siblings, who sit in a corner, away from the table. On other end of the table, his wife sits along with her lawyer and brother. The mediator, Ghousia-ul-Nisa Jeelani, a retired Principal and District Sessions Judge, arrives. She faces the couple and starts the session. 

Manzoor and Shaheena got divorced after the birth of their son whose custody was given to Shaheena by a court in Srinagar. Manzoor now wants his child back, which Shaheena opposes. The boy is sitting with his uncle, his mother’s brother, carelessly listening to his parents’ arguments, perhaps unmindful of the happenings. 

With two chocolates in one hand, the boy seems irritated by the verbal duel between his parents and asks his uncle whether they could leave the room. Before they leave, the mediator stops him, “Who do you wants to live with?” the mediator asks him. The boy doesn’t answer. He is too small to understand the complexity of the matter and leaves the room. The couple start levelling allegations against each other as soon as the boy departs. The mediator interrupts them, trying to put the derailed train of their life back on tracks. 

This is their second sitting with Ms Jeelani as she carefully picks points in their arguments and explains the consequences of their decisions. Manzoor wants to spend few hours with his son every evening while Shaheena says she would not let her son spend more than an hour on weekend with Manzoor, as has been decided by the court where the litigation was recently filed. The case was then shifted to the mediation centre for counselling the couple.  After the session is over, Manzoor is devastated. He desires to remarry Shaheena for a better future of their son and feels guilty for all that has led to the divorce with his Shaheena. But the mediator gives them another date and asks Shaheena’s brother to make her understand how the divorce is going to affect her future. She is agitated and doesn’t want to remarry. Both parties leave quietly. more 

The Scooty Revolution

In early 90’s when Kashmir was engulfed by violence, there was a time when females were advised to confine themselves to the four walls of their homes. Using a distorted understanding of religion in a patriarchal, feudalistic society, the diktats of moral brigades were forcibly implemented on the streets in the valley. Then there was the constant gaze of that uniformed man with a gun on the street. The spurt in violence had made women, especially young girls, easy targets. They not only felt cramped but were humiliated and attacked too.

Not anymore!

Kashmir is gradually calming down and an uneasy, deceptive peace is taking roots, bringing a cultural shift buoyed by popular cable television networks. This societal metamorphosis has altered the perception of people in Kashmir towards the women who were denied their rights for long. In a society where females felt uneasy to come out of their homes, a good number of women, shunning the traditional taboos, are now regularly seen in the markets, rubbing shoulders with their opposite gender. Be it academics or careers, women of Kashmir are not lagging behind in any field. 

These days, Scooty bikes have become a craze with women, mostly students and professionals, in Kashmir valley. Introduced by Honda Motors, a leading automobile dealer located in the heart of Srinagar in Kashmir in 2010, the bikes have become an easy purchase for women with Kashmir’s leading bank, JK Bank, offering attractive finance facility for the prospective buyers, majority of them being women. The cost of Scooty ranges from Rs 39,800 - 50,000 and one can get it with easy installments of Rs 800 per month. The main dealers of Scooty bikes in Kashmir – Rahim Motors and Kashmir Motors -  claim that they sell about 120 Scooties per month. As per records, a total number of 4019 Scooties were sold in Srinagar from March 31, 2009 to August 4, 2012.

The introduction of Scooty bikes was warmly welcomed by the women. Abida Bashir, a class 11 student, was filled with excitement when her brother purchased a Scooty for her. “It is very important for a girl to be independent. I have to go for tuitions at four different places. I cannot expect my brother to accompany me every time.” Belonging to a conservative Muslim family in Srinagar, she had to seek advice of a religious scholar on whether Islam allowed a girl to ride a bike. 

For Bisma, 26, a private employee, who availed J&K Bank’s loan facility, riding a Scooty was a dream which has come true. “Now I reach office on time every day. Otherwise I had to board overcrowded buses where instances of harassment and immodesty are a routine matter. It’s beyond description what happens inside these buses,” says Bisma. more 

The 'Christian' Footballer

On a cold November afternoon in 2011, two officials of Jammu and Kashmir Football Association (JKFA) were walking out of their Srinagar office when they saw an inscription carved out of the dust that had gathered on the rear windshield of their car which was parked outside their office. On a closer examination, it turned out that some unknown assailants had issued a clear warning to the association. “You’re helping Marcos in spreading Christianity’.

This was one of the many sordid episodes which marked the stay of the Argentinean Football coach Juan Marcos Troia in Kashmir. Marcos arrived in Kashmir in 2007 with the purpose of coaching young football enthusiasts how to make careers out of the game. Instead, his stay in a deeply polarised society like Kashmir saw a number of turbulent episodes which pitted him not only against his rivals in the game but also the politics and religion in Kashmir.

Marcos came to Delhi in 2002 where he was looking for young people who were passionate about football for nearly five years. But his hunt didn’t lead him anywhere. He used to roam around the campus of Jamia Millia University where he accidentally interacted with Kashmiri boys. “They suggested me to go to Kashmir. I then contacted JKFA for the promotion of football in the valley and offered my service as a volunteer. The JKFA chairman was happy and asked me to come over. I packed my bags and left to Kashmir in April 2007” says Marcos.

After his arrival in Kashmir, Marcos formed a trust by the name of International Sports Academy Trust (ISAT) which was registered as an NGO in 2003. It is affiliated to Syndicate of Professional Football Coach, Sao Paulo, Brazil and recognized by SITREPESP, University of Ibirapuera, Brazilian Football Confederation and FIFA. 

In Kashmir, football is believed to have been introduced in the 19th century by Tyndale Biscoe, a British missionary, and was believed to be most popular game after cricket. The game received a boost in 1950’s when some clubs namely Friends Club, Gorkhas Team, Silk Factory and J&K Police Club were formed which led to the formation of JKFA in 1964. According to the JKFA, the state presently has 500 registered clubs with 12,500 players, coaches and other officials. more 

Jam them while you pray

In conflict zones like Kashmir the word Jammer was always coupled with Indian forces’ camps, VIP residences and their vehicles. But now cell phone signal jammers have entered the domain of civilian use. Jamiat Ahailhadees Masjid in Nowgam, believed to be the oldest and the biggest Salfi Masjid on the outskirts of Srinagar, became the first public place where a jammer was installed. 

This spacious mosque looks like any other from inside, but its exterior is decorated with tiles and Quranic verses on the rim (slab portion) floor after floor.  “When for the first time I heard a jammer has been installed in our Masjid, I was shocked and kept asking people how they made it possible because such things were only available to the elite, Indian forces and the state ministers,” said Haji Nazir Ahmad Bhat, 73, who went to the mosque to see the jammer for himself. For sometime doubted that they might have got it illegally with the help of government forces.” 

Riyaz Ahmad Bhat, the Imam who leads daily prayers, in the Masjid except on Fridays and during festivals, says the mosque administration felt a need to jam all the mobile signals inside because people often forget to keep their phones on silent mode despite placards advising to ‘switch off your phone’. A ‘mayhem’ used to start when during nimaaz phones used to ring and different songs, Hindi and English used to play, he complains. 

Almost a year back the Masjid authorities were installing a projector on the second floor of the mosque and they asked the projector dealer for suggestions to stop ringing of phones in the premises. Mohammad Yasir, a projector dealer had a Bangalore based Kashmiri friend, a technocrat who helped them in installing a jammer inside the mosque. 

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Partisan Justice

The much-awaited verdict of Supreme Court on Pathribal fake encounter case changed the shape of many other cases involving Indian Army and might affect many others in the future. The latest development in the 12 years old case of abduction and murder came when the army said they will go for prosecution in a military court (Court Martial) rather than trial in a civil or criminal court. The fate of five other cases involving army officials hanged in balance till the Supreme Court verdict allowed the army to choose how it would like to try the accused army officials in the Pathribal case.

“There are five more cases in which trail was stopped due to the stay order of Supreme Court but now as the final judgment has come those five cases will also get started again” says Bari Andrabi, Chief Public Prosecutor.

The Supreme Court decision on Pathribal case became an important precedent for other similar cases involving army personnel in human rights violations. It has already has an immediate and direct effect on the Machil fake encounter case in which three youths, Shehzad Ahmad, Riyaz Ahmad and Mohammad Shafi were killed in staged encounter and later branded as foreign militants by 4 RR personnel (Rajput Rifles) on April 30, 2010. They were allegedly lured to Line of Control by an SPO on the pretext of getting them jobs with the army.

The accused army personnel challenged the orders of Sessions Court Baramulla and Chief Judicial Magistrate (CJM) Sopore. The two subordinate courts held that civil courts have the jurisdiction to proceed against the accused army men in the case. But then the case was shifted to High Court where Army counsels D S Thakur and Karnail Sigh Wazir challenged the power of the civil courts to try the accused soldiers.

Mian Abdul Qayoom, representing the victims’ families tried to convince the court for trying the accused army officials, but apparently in view of the Supreme Court decision on the Pathribal case, Justice Hasnian Masoodi adjudged otherwise on July 4, 2012. Now the Machil case will follow. The army will hold a court martial for its personnel involved in the fake encounter and the case against accused police personnel will be heard in the civil criminal court separately.

The other trials that were stopped due to the stay order of Supreme Court are expected to start soon. The five cases involving army and state police came up in 2007 when unidentified graves were exhumed in district Ganderbal. The then Chief Minister, Ghulam Nabi Azad, ordered a probe and special investigation team (SIT) headed by then DIG, Farooq Ahmad was set up to probe.

The two of the exhumed bodies were sent for DNA testing. Tests were conducted by Chandigarh’s Forensic Science Laboratory (FSL) who confirmed the identity of one of the missing, Abdul Rehman Padder, picked up by SOG in Srinagar. With the body of Abdul Rehman Padder were found some clues like a SIM card and brief case of another missing, Nazir Ahmad Deka. more