Free Waqar: A campaign for justice in Kashmir

Online global campaigns to free prisoners wrongfully held have come to Kashmir. A group of youth, who call themselves Friends of Waqar have been silent for months. The fact that Waqar has been denied his basic rights has not let them have a moment of peace, one of them says, as he proceeds to show me the website (www.freewaqar.org) the group has been working on in uptown Srinagar.

The boys have decided to launch their own online protest. “We have made this website and we want people from all over the world to sign a petition to release Waqar immediately and mete out justice. This is an illegal detention,” Aslam (name changed) said.

Friends of Waqar are fighting for Waqar Ahmad Moharkan, a second year student of Bachelor’s in Commerce at Srinagar's Islamia College of Science and Commerce. He was arrested by police of MR Gunj station on 4 October, 2011 on charges of participating in protests in Srinagar.

The court allowed his bail application on 23 October, 2011. Instead of being released, he was rebooked and moved to Central Jail under judicial remand on 15 December, 2011 suddenly slapped with the draconian Public Safety Act (PSA).

His lawyer, the head of the Bar Association in Kashmir Mia Qayoom has stated in writing that the youth was deliberately not handed a translated copy of the grounds of detention so that he would be unable to make an effective representation against the order of detention. The police passed the PSA without informing Waqar’s family, who had the legal right to challenge the act.

Thee family was informed about the PSA after the time to legally challenge the act had expired. Waqar was then illegally shifted to the Cargo Interrogation Centre for two days, one of his Friends said.

The youth in Kashmir are very articulate and aware of their rights. “We know what our rights are internationally and locally and we refuse to be denied of them. Just like Palestinian prisoners, we will ask the world to intervene… they have a moral obligation and they must fulfil it,” the young man in his early 20s added.

Waqar’s PSA order, which DNA is in possession of stated, "You have frequently come in the adverse notice of the police for your involvement in anti-social activities aimed at disturbing the public tranquility and peace in the city. You are instrumental in mobilising the anti-social elements for creating havoc in so far as causing serious law and order problem is concerned which inevitably besides endangering human life also causes impediments in the smooth economic development of the state. Your said acts are aimed at keeping the state on boil and thereby bringing about secession of J&K from Union of India. It has also emerged that your such nefarious designs are being carried out in a well thought out manner to bring the whole Downtown area to a stand still."

The police, in the order, went on to say, "You are misusing your freedom/liberty and are indulging in activities which are prejudicial to the maintenance of security of state…causing economic destabilisation in the state since last three years, you developed contacts with the like minded people affiliated with various anti-national and other disgruntled elements and has formed a gang like outfit which at every available opportunity have been found resorting to stone pelting and disturbing the public order in the area."

If these charges were to be believed, then it would seem like Home Minister P Chidambaram’s accusations that the 2010 Kashmir protests were fuelled by Lashkar-e-Toiba, Pakistan’s ISI and separatist leader SA Geelani, would fall flat. The media stopped questioning state propaganda ages ago. Manufacturing consent for the state isn't a part of this job. The Fourth Estate has failed the people once again.

Waqar's charges clearly indicate that he has singlehandedly been responsible for all the mayhem in one part of the city to say the least. In that case, why have the police not bothered to follow protocol? Why have their own laws been flouted? Why has this youth, like scores of others been denied of his basic legal rights? Can the state use structural violence to crush the voice of dissent? Isn't protesting on the street (without weapons) a basic fundamental right? If it is, then why were over 120 men, women and children killed during street demonstrations, in their backyards, at funerals and in their homes by the security forces? And if all of them were guilty of anti-national activities like Waqar, then why were they handed monetary compensation by the state?

Since 5 November 2011, Waqar has been denied a trail. Even after the end of his 10-day judicial remand, he was held in the overcrowded Central Jail and then shifted back to MR Gunj Police Station last December. On November 6, the chief minister released 30 boys, including Waqar as a goodwill measure according to the Urdu daily Aftab in Srinagar. However, this remains only on paper as Waqar is still behind bars.

Waqar's father filed another application in court for allowing him to appear for his annual examinations held by the University of Kashmir. The court passed the orders to the police for granting him permission. However, he missed his English paper despite the order. The lawyers said this was a “non-enforcement of his legal, fundamental and constitutional rights”. In Kashmir, children as young as eight and youth appear for their exams in handcuffs. Despite this, Waqar has managed to secure a first class in his papers. But will he have a chance to pursue a career after the stigma of imprisonment?

In December 2011, Waqar was shifted to Jammu’s Kotbhawal Jail overnight. Kotbhawal Jail is 300 km from Srinagar and the distance has made it hard for his family to meet him. When a person is detained under a preventive law like PSA, he cannot be lodged more than 300 kms away from his residence according to the Supreme Court.

The website says, “This is an urgent appeal to civil society all over the world and campaigners of human rights, justice and liberty, to help spread the word about Waqar’s wrongful, illegal and oppressive treatment at the hands of the Indian state… Incessant campaigning and collectively raising our voices against this injustice is the only way to free Waqar."