K B Jandial
Separatist leaders and some mainstream politicians of KashmirslammedGovernment for execution of 2001 Parliament attack convict Afzal Guru on February 9, 2013. The J-e-M terrorist received a fair trial under country’s criminal justice system and his appeals againstthe death sentence were heard by Delhi High Court and the Supreme Court. After nearly 11 years long legal battle including mercy petition to the President, his death sentence was executed. The separatists cried foul and condemned Govt. also on post hangingtechnical issues.No restriction wasimposed on airing strongest possible views on it in the media. It was also made an election issue in the recent assembly polls. This is Indian democracy which provides space to all sections of public opinion, including the secessionists and terrorists whose anti- India statements find prominence in the media every day.
While Guru was an Indian even the Pakistani terrorist was given a fair trial. Mumbai’s 26/11 terror attack terrorist Ajmal Kasab too received a due process of law and transparent trial spreading over four years. Till his hanging on November 21, 2012, the Govt. had spent nearly Rs. 29.50 cr on his security, food,trial etc. Many condemned his hanging as politically motivated. This spirit of due process and transparent trial had been hailed by the US and many other world powers. This is the strength of Indian criminal justice system. The beneficiaries are also those who want to secede from India and they knock the doors of independent and vibrant judiciary against the State including the army.
Contrary to Indian well entrenched legal system, Pakistan which is being treated as inspirational land by separatists, on January 13, 2015 announced setting up of military courts in PoK and Gilgit-Baltistan for the “speedy trial” of terrorists.
Pakistan Prime Minister who is the Chairman of the Gilgit-Baltistan Councildirected Gilgit-Baltistan and the POK to adopt the 21st Constitutional Amendment as well as the amendment in the Army Act to facilitate formation of military courts in these areas.”There is no room for terrorism or terrorists in our society, and government is determined not to be at ease till the elimination of the last terrorist from our country,” Nawaz Sharif declared.Very encouraging! But in practice these are selective as he has in his mind the “bad Taliban” only and not those who are nurtured on Pak soil by his army and ISI for cross border terrorism in J &K.
In the wake of highly condemnable Peshawar terror attack, 164 cases were registered for hate speeches and printing of related materials and 157 persons arrested since December 23 last year in Punjab and Islamabad.About 40 printing presses and shops were sealed while 994 caseswere registered and 1,088 persons arrested for “misuse of mosque loudspeakers”.Quite an eye opener! Has this ever been done in J&K?How many presses sealed in Kashmir for similar acts? Equally intriguing is the fact the Kashmir media which scan Pak news 24×7 opted to skip this news and kept the people of the Valley ignorant about such abhorrent events taking place in “Azad Kashmir”.
The amendments inPakistan Constitution and Army Act havealready raked up controversy in Pakistan itself and its extension to Gilgit-Baltistan and PoK should raise eyebrows, including in our part of J&K which champion their cause as well.Pakistan’s criminal justice system has already stunned everyone when on November 25, 2014, an Anti-Terrorism Courtin Gilgit had sentenced the owner of the Jang-GEO Group, Mir Shakeel-ur-Rehman, and actor Veena Malik and her husband Malik Asad to 26years’ imprisonment besides fine of Rs. 1.3 million on each of them for blasphemy.
It is questionable as to how can a Gilgit-Baltistan court extend its jurisdiction to proceed against a citizen of Pakistan when the Pakistan itself claims that Gilgit-Baltistan is not a constitutional part of Pakistan and its Constitution is not applicable to it. This being so, it is baffling as to how military courts can be extended to Gilgit-Baltistan,leave aside the criminal justice expected from military courts.
HowPakistan’s military legal justice system operates?Pakistan’s Army Act, 1952 provides for a four-tier structure of military courts at field, district and general level, besides the simple summary trial level. It prescribes the bench at each level. At the district level it comprises three commissioned officers with at least two years of experience. The military will be responsible for preparation of summary of trials, evidences and other ground work for the terrorists to be tried in these courts.
The nature of the military courts is such that all the sentences are brief without any requirement of mentioning the findings and reasons for which the particular punishment is handed outwhich is meted out in military custody and confirmed by the Army Chief.
While such a system might meet the military needs, but when applied on the civil side, even for terrorist, several flaws are apparent.The officers on the bench are not lawyers or legal experts but soldiers. The presence of a Judge Advocate to assist in trial is not mandated except at the highest level. The civilian courts including the Supreme Court are barred from hearing appeals against the verdicts.
Pakistan justifies these courts on the ground that many terrorists had been let off by civilian courts and now they would be tried before military courts so that they don’t escape punishment. A laudable step!
But this has never been done in J &K and elsewhere in India, not even thought of, despite the fact that terrorism has mauled the state for 25 years now. How many known killers are freely roaming in J & K despite being arrested and challaned? They were set free by the courts following the criminal justice system which treats accused innocent unless proved guilty. Civil Courts released them for want of unassailable evidence. Some of them have even acquired respectability. Courts in Kashmir and also the apex court quite often bang the Govt. and its functionaries if found to be not following due process of law.
Being a part of the erstwhile princely state of Jammu & Kashmir which stood acceded to India under a valid and irrevocable instrument of accessionGilgit-Baltistan is a part of India. Since 1947, it is under occupation of Pakistan alongwith other parts of the state known as PoK.While Gilgit is inhabited by various groups that aredistinct from Kashmiris, Baltistan is inhabited by the Baltis, a Tibetan Muslims ethnic group. Spread over an area of 72,971 sq km with an estimated population of ten lakhs, prominent among them are Shin community, Gilgit-Baltistan is the only Shia Muslims majorityterritory, unlike Pakistan, which is mainly Sunni.
It has strategic importance because it borders with China and has the only land route between the two countries. This route is the breathtakingly beautiful Karakorum Highway, the highest paved international road in the world. Twelve of the world’s 30 tallest mountain peaks, including K2 and Nanga Parbat are located there.
This mountainous region became a part of the state of Jammu and Kashmir around 1846 and remained so till November 1, 1947 when a rebellion, organised by a mutineer Major Brown of the Gilgit Scouts overthrew Brig Ghansara Singh, the Governor administering the region on behalf of the Maharaja of Jammu and Kashmirand installed an unrecognised Govt. that lastedfor 16 days. The region was taken over by Pakistan which separated it illegally from the PoK and made it is an autonomous administrative region in 1970with the amalgamation of the Gilgit Agency , the Baltistan region and the former princely states of Hunza and Nagar.
New Delhi has neveraccepted the Pakistan’s move to make it a separate entity from PoK. In March 2006 when reports appeared about circulation of a map depicting Gilgit-Baltistan as separate unit from PoK, India had asserted that the region of Gilgit-Baltistan is a part of J &K and thus an integral part of India on the basis of its accession in 1947.
Pakistan has all long been neglecting the region compounding their problems, some of these are because of its remoteness. Pakistan has failed to invest in the region and provide even the most basic services such as education and healthcare. Its token Assembly is largely symbolic, as its decisions required to be approved by Pakistan’s federal Government. The region is deprived of the revenue generated by trade with China – valued at about half a billion dollars. Feeling of neglect and exploitation getting strengthened that led to demand for Independence. In June 2013, Taliban insurgency spilled over into the territory, when about a dozen heavily armed Pakistani Taliban executed 10 foreign mountaineersat Nanga Parbat.
Silence of separatist leaders like Syed Ali Shah Geelani, Mirwaiz, Yasin Malik over these developments in the Gilgit and PoK is intriguing? Do they approve of these military courts to hold summary trial of suspected terrorists and possibly sentenced to death in short time?Is their silence a tacit approval ofPakistan Govt. action? If so, would Geelani and his likes approve a similar dispensation in J & K to root out terrorism, mostly from across the border? Speak out Mr Geelani,at least for your brethren who are also fighting for same “cause” as are you!
(Feedback: kbjandial@gmail.com)
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