Srinagar-Jammu and Kashmir, May 19
Writ of Habeas Corpus as a “remedy” is a failure in Kashmir, says a legal research report based on functioning of writ in the state of Jammu and Kashmir, particularly over a period of 14 years.Advocate G. N Shaheen, during release ceremony of research study here said that 239 detenues approached Jammu and Kashmir High Court for Habeas Corpus in 2003, followed by 374 in 2004, 443 in 2005, 607 in 2006, 361 in 2007, 367 in 2008 and 71 detenues approached court up to April 18, this year.
According to the attorney, “More than 20,000 Habeas Corpus have been filed since 1990. On an average 264 petitions were filed on a single day and the phenomenon is continuing.”
He says that everyone does not approach High Court for writ, but only those who are able to do it. “Liberty is the worst casualty in state,” says the attorney.
The report finds that “remedy” writ of Habeas Corpus is a complete failure in Kashmir. “It neither protected right to life nor punished those who violated it.”
Sharing his views, human rights activist Tapan Bose, said that right to life is most critical task of Apex Court. “We studied 88 cases of missing persons and how High Court dealt with them for 14 years,” says Bose.
The research has been carried out by South Asia Forum for Human Rights (SAFHR), an international human rights organization and Centre for Law and Development (CLD), a city-based human rights and advocacy group, in state from 1990-2004.
Mian Abdul Qayoom, president Kashmir Bar Association says, “We’ve filed almost 60,000 petitions in High Court with reference to custodial killings. Orders issued by the court have never been implemented. Though challan was produced in number of cases, accused were never produced.”
Zaffar Shah, well-known attorney says, “In Jammu and Kashmir we’ve reached vanishing point of law. There has been decline in filing of Habeas Corpus not because people have not been detained, but because people have been eliminated.”
Shah said that laws help in social engineering “but do laws in vogue really help in social engineering.”
Noted journalist Ved Bhasin said that grave human rights violations have been taking place over several years particularly over last two decades. “Thousands have been killed and made disappeared. Many women have been raped. Houses have been destroyed,” he says.
He added, “Indian media has failed in name of so called national interest. Not only judiciary but human rights commission too has failed. It is job of legal luminaries to document cases of human rights violations.”
Abdul Salaam, a member of an affected family said, “We had to quit our case from the court as we didn’t have resources to fight for justice.”
Salaam’s brother was picked up during a crackdown in 1993 and nothing is known about him since then. “My parents are going through illness since 1993 and nothing has worked in our favour. Even courts failed us.”
Ashok Aggarwal, noted attorney and author of released report “In search of vanished blood” said, “Not only has Kashmir witnessed human rights violations, but states like Punjab, Chattisgarh, Gujarat and North East faced the same situation. Courts are same everywhere.”
ENDS