SRINAGAR: Noted human rights activist Khurram Pervez has been shifted to a sub-jail Kupwara, more than 100 kilometers from a similar confinement at Kothibagh in Srinagar where he was lodged on the night intervening September 16 and 17.
Booked under CrPC sections of 107 and 151, Pervaiz’s lodgment on police remand at Kupwara till September 26 has been ordered by the executive magistrate (south) Srinagar.
However, the family has contended that there was no legal basis for his detention because “proper procedures” were not followed as required under section 107 and 151 of the CrCP.
“Prior to his transportation to Kupwara, I was able to speak to him and he told me that he was not produced before yourself (executive magistrate) but kept outside your office and he was never asked about his willingness to sign the personal bail bond for his release (as stated in order of remand),” Pervaiz’s wife said in an application before the executive magistrate.
An amputee, Pervez requires immediate care without which he may suffer serious health problems at the Kupwara jail, the wife said and requested the magistrate to pass further orders and that her husband was willing to sign a bail bond as per the law for his immediate release.
The wife has also filed an application before district magistrate Srinagar asserting that “as a result of the omissions” Pervez’s incarceration at sub-jails in Kothibagh and Kupwara were without legal basis.
Meanwhile, the family also moved a revision petition before Principal District and Sessions Judge Srinagar against the executive magistrate orders. The matter was partly heard on Saturday and posted for further arguments on Monday, Advocate Mohammad Hafiz, representing Pervez along with other lawyers from Kashmir High Court Bar Association, told Kashmir Reader.
Pervez, according to his family, was detained at the sub-jail Kothibagh after he presented himself by cooperating with a police party which raided his home at Gupkar here at 12:30 a.m. on September 17. Pervez travelled to the Kothibagh in his personal vehicle and was accompanied by his brother, the family said.
However, police, as per a statement before the executive magistrate Srinagar, says that Pervez was detained at Ziarat Syed Saab when he was “instigating” a group of ‘nimazis’ to march towards TRC.
The 39-year-old is the programme coordinator with the Jammu Kashmir Coalition of Civil Society (JKCCS) and has been an active rights activist for nearly 15 years.
He is also the chairperson of the Asian Federation against Involuntary Disappearances (AFAD)—a Manila based conglomerate of rights groups.
Pervez’s detention comes two days after he was stopped at the Delhi airport from boarding a flight to Geneva where he was to attend a session of the United Nations Human Rights Council (UNHRC).
Parvez had planned to submit a report to the rights council on the situation in the Kashmir Valley, which has seen nearly 90 deaths in last 70 days of uprising, triggered by the July 8 killing of Hizbul Mujahideen commander Burhan Wani.
“The kind of work which I and my organization have been doing, they (Indian state) feel that we have been able to document the crime perpetrated by the Indian state in a substantive manner and this documentation is being shared by us with international community. They feel that our work will influence the international opinion and it will generate sympathy with people of Jammu and Kashmir,” Pervez told an international news channel hours before his arrest.
“They (Indian state) don’t want any kind of international exposure on Kashmir. The (UN) High Commissioner for human rights in its bold statement, the way they wanted access for Kashmir denied hitherto by the government of India,” he added.
— (With inputs from Junaid Nabi).