Srinagar: A delegation of the J&K High Court Bar Association, headed by Advocate Mian Abdul Qayoom, met a visiting diplomatic team from the European Union here today.
The members of the delegations had a frank discussion with the Ambassadors of the European Union and they apprised them of the situation prevalent in the state of Jammu & Kashmir.
The EU delegation headed by Ambassador Joao Cravinho included Loannis E. Raptakis, Ambassador of Greece, Feilim McLaughlin, Ambassador of Ireland, Bernhard Warabetz, Ambassador of Austria, Prof. Piotr Klodkowski, Ambassador of the Republic of Poland and Dr. Janos Terenyi, Ambassador of Hungary.
The envoys were interested in knowing about the prevailing situation in the state, its causes and the application of laws to the cases of political prisoners.
They were told that during the past 23 years, thousands of Kashmiris have been arrested and booked under Enemy Agents Ordinance 1948, J&K Disturbed Areas Act, Unlawful Activities (Prevention) Act, Armed Forces Special Powers Act, Arms Act, Egress and Internal Movement (controller ordinance) 2005, J&K Prevention and Suppression of Sabotages Act, POTA, TADA and also detained under Jammu and Kashmir Public Safety Act, without trial.
They were also told that under Enemy Agents Ordinance 1948 and J&K Prevention and Suppression of Sabotages Act no appeal is provided against the conviction and sentence awarded to any person and only a review petition is maintainable before the High Court and that too on a very limited ground of substantial question of law being involved in the case.
They were also told that under TADA & POTA no person is granted bail unless he proves that he is innocent, which is against the basic principle of criminal jurisprudence. They were also told that if a person is convicted under TADA or POTA he has to file an appeal before the Supreme Court of India at Delhi, which is too cumbersome, expensive and difficult. For filing an appeal people have to go to the Supreme Court of India and pay heavy fee to the lawyers over there which is always beyond their reach and capacity.
The delegation was also told that Human Rights Violations are taking place in the State of J&K with impunity and when Zubin Mehta was busy with his musical concert at Shalimar gardens, four innocent persons were killed in Shopian. They were also told that immediately, thereafter Shopian was placed under curfew which has only been lifted, yesterday. They were also told that one more person, a Sumo driver was killed next day in Shopian and whileas FIR was registered in his case but in respect of other four persons no FIR was registered by the police. A Governmental inquiry has been ordered only to hoodwink the international community. They were also told that at Palhalan Pattan, two innocent boys were killed without any rhyme or reason.
They were also told that the Human Rights Violations are taking place in the state only because the people of J&K State are asking for their right of self-determination. They were told that whosoever raises his voice for implementing the United Nation Resolutions and to give the people their right of self-determination which is not only guaranteed to them under the United Nation Resolutions but also under the promises and assurance given to them by Indian Leaders from 1947 onwards, he is either detained under PSA or is booked in a factitious case wherefrom his discharge or acquittal is made thereafter quite impossible. They were also told that ten thousand people are missing in the State from 1990 and more than thirty five have either been sentenced to life imprisonment or death, by the courts both inside and outside the State of J&K. They were also told that the condition of detenues, under trial prisoners and convicts is miserable in the jails where they are lodged and they are not even provided basic amenities included in the Right to life.
They were also told that for bringing an end to the miseries of the people of Kashmir, the core issue of Kashmir has to be addressed and settled in accordance with the wishes and aspirations of the people of Kashmir and in that the European Union must play its part effectively. They were also told that if Kashmir issue is not settled forthwith, there are chances of a nuclear war between the two nuclear powers of the sub-continent which will cause destruction and devastation in the whole South Asia.
The bar delegation included besides president, Aijaz Bedar Vice President, Mohammad Ashraf Bhat General Secretary, Anwar-ul-Islam Shaheen Joint Secretary, Bilal Ahmad Wani Treasurer, Z. A. Shah Senior Advocate, Mohammad Amin Bhat Senior Advocate, Syed Manzoor Senior Advocate, Mufti Mehraj-ud-din Senior Advocate, Manzoor Ahmad Dar Senior Advocate, Bashir Sidiq Advocate.
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