Says army lied before HC but was nailed by SIT probe in Jalil Andrabi’s killing
Srinagar: The resistance leaders are human beings and may commit mistakes but they shouldn’t be ridiculed, president Kashmir High Court Bar Association, Mian Qayoom, said on Saturday.
“Our leaders have not come from the heaven. They may commit mistakes but we have not to ridicule them. If we ridicule them then we are ridiculing ourselves because they are our leaders,” Qayoom said addressing a seminar organised by the lawyers’ body titled “Implementation of UN resolutions—the only solution to the Kashmir problem.”
He said that there are 28 criminal cases against Yogi Adityanath, the incumbent BJP chief minister of UP.
“But no Hindu is ready to accept that he is not fit for the Chief Minister’s post. Two people were booked by the police only because they had criticized his becoming the Chief Minister. We should also respect our leaders and if we have any grievances against them, we should go and talk to them,” he said.
Paying tributes to Jalil Andrabi on his martyrdom anniversary, Qayoom said that he was abducted and killed by the army.
He said a petition was filed by the lawyers’ body before the High Court and both state as well the Indian government denied the abduction and detention of Jalil in their custody.
“The investigation conducted by the SIT later proved that Jalil Andrabi was abducted by Indian army and killed in custody. The reply affidavit (by GoI) in Jalil’s case bears testimony to the fact, as to how the Indian Army had made a false statement before the High Court and had tried its best to make it believe that Jalil Andrabi was not arrested, detained or killed by it in custody, which on an enquiry was however found untrue and baseless,” he said.
He also stated that Jalil Andrabi was a talented lawyer and he gave his life for the cause of the people of Kashmir, leaving behind his children and wife.
About late Abdul Qadir Sailani, Qayoom said he was also killed outside SKIMS Soura here by the notorious extra-judicial Special Task Force personnel in presence of police and other forces but neither his case was investigated nor any one was sentenced to any imprisonment.
He also referred to the killing of advocates Mohammad Sultan Bhat, and Abdul Gani Bhat and said that both of them were killed by government sponsored militia at “the behest of Indian agencies”.
He also stated that Late Peer Hissam-ud-din was attacked and killed by two renegades in the same manner, in which he himself had been shot at.
Referring to the seminar’s topic, Qayoom said that even though the Security Council Resolutions clearly envisage that elections are not a substitute for the plebiscite, Indian government in order to mislead the International community and perpetuate its “illegal occupation” of Kashmir is holding fraudulent and farcical elections in the State of J&K to mislead the international community.
He said that whether the complaint filed by India in the Security Council was under chapter VI or VII, the fact of the matter is that the resolutions passed by UN Commission for India and Pakistan (UNCIP) on 13.08.1948 and 05.01.1949, guaranteeing holding of plebiscite in J&K, has been accepted by India and Pakistan.
He said that India stated as to how much force it will keep on its side of the border in the State and how much Pakistan will keep on its side to enable the people to exercise their right of self-determination.
Qayoom said India has not however, kept its word and promise and has delayed the holding of plebiscite in J&K. He said that on the principle of estoppel, which is well known to be legal fraternity, India cannot refuse the holding of plebiscite in J&K, but has to respect and regard the wishes of the people of Kashmir and allow them to exercise the right of self-determination. He said that India intervened in East Pakistan on the ground that the right of self-determination of the people has precedence over state sovereignty. He said that East Pakistan was a part of Pakistan and a sovereign country, but India sent its troops in East Pakistan in violation of all International norms on the ground that people want to secede from Pakistan. He said that India invaded Goa in 1961, when it was under Portuguese rule on the ground that people of Goa want to join India. He said that the case of East Timor is no different from Kashmir, where, under international pressure plebiscite was held and East Timor was declared an independent country, though the local government there passed a resolution to become 27th province of Indonesia.