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Free all political prisoners in Jammu and Kashmir

Last Updated 15 October 2020, 21:36 IST

People’s Democratic Party (PDP) president and former Chief Minister of Jammu and Kashmir Mehbooba Mufti’s release from preventive detention on Tuesday night was long overdue. Like other J&K leaders, including National Conference leaders Farooq and Omar Abdullah, Mehbooba was taken into preventive custody on August 5, 2019, hours before the Narendra Modi government announced the abrogation of Article 370, revoking J&K’s special status. Mehbooba spent a total of 14 months and eight days in custody. Throughout this period, the Modi government has been silent with regard to the reasons for detaining her and other Kashmiri leaders and booking them under the draconian Public Safety Act. It gave no explanation for its reluctance to free Mehbooba even after it had freed other leaders such as the Abdullahs and Sajjad Lone. Likewise, no explanation has come with regard to her release now.

Only a fortnight ago, in response to a petition filed by Mehbooba’s daughter Iltija, the Supreme Court had ordered the J&K administration to explain why the former continued to be kept in custody. Clearly, the government had no valid or legitimate explanation to give the court. Hence, it decided to free her before the next hearing was to take place this week. The Modi government may have escaped the embarrassment of a rap on the knuckles by the Supreme Court on the matter, but it is not off the hook yet. At least two dozen petitions questioning the constitutional validity of the revocation of Article 370 are still pending before the apex court. The judiciary must rule on these petitions immediately. The court’s ruling in this matter is important and keenly awaited.

While most Kashmiri leaders have been released, thousands of activists and ordinary civilians continue to languish in jails. They must be freed immediately. Their detention was illegal in the first place, and there is no justification to continue to hold them in incarceration. If the government is interested in moving forward in Kashmir, it will have to first free those in chains and talk to them and hear what they have to say about the change the government has made on paper. Releasing all those jailed since August 2019 is the necessary first step. It should be followed up with a dialogue and revival of political processes in J&K. The road ahead is not easy as Kashmiri disaffection is understandably high. The contemptuous manner in which the Centre has treated Kashmiris, their elected representatives and the question of Kashmiri autonomy will not be easily forgotten. Still, India can and must reach out to Kashmiris and work with them to restore the fractured bond between New Delhi and Srinagar.

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(Published 15 October 2020, 21:36 IST)

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