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Mehbooba writes to CJI on ‘worrying’ situation in J&K

Mehbooba, who posted a two page-letter on social media, “fervently” hoped that with the CJ’s intervention, justice is delivered and the people of J&K could see their expectations of dignity, human rights, constitutional guarantees and a democratic polity realised.

Mehbooba writes to CJI on ‘worrying’ situation in J&K

[File Photo]

PDP leader and former chief minister Mehbooba Mufti, on Saturday, wrote to the Chief Justice of India DY Chandrachud on what she called as a worrying situation prevailing in the country, especially in Jammu and Kashmir.

Mehbooba, who posted a two page-letter on social media, “fervently” hoped that with the CJ’s intervention, justice is delivered and the people of J&K could see their expectations of dignity, human rights, constitutional guarantees and a democratic polity realised which had inspired their forefathers to join Mahatama Gandhi’s India.

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“The fundamental rights enshrined in the Indian constitution & guaranteed to all Indian citizens are being brazenly impinged upon. Unfortunately it is these basic rights that have now become luxuries & entitlements bestowed upon only those select citizens who toe the Government’s line on political, social & religious matters. And more worryingly, to those who actively contribute and not obstruct GOIs idea of an India where its strengths of diversity, religious pluralism & tolerance must be weeded out & crushed to lay the foundations of a one religion nation where minorities are relegated to the social, political & economic fringes,” Mehboob wrote in the letter.

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Attacking the incumbent BJP government at the Centre, she wrote, “As far as J&K is concerned, the grip of GOIs iron fisted policy is being justified in the name of national security & interest. Since 2019, the fundamental rights of every resident of J&K have been suspended arbitrarily & the constitutional guarantees given at the time of J&Ks accession were suddenly & unconstitutionally abrogated. In any civilised society, upholding the truth is the norm but in J&K, the freedom of expression and speech to state the obvious has become the biggest casualty.

“Draconian anti terror laws like UAPA are slapped ruthlessly on flimsy & trivial grounds. All government agencies be it ED, NIA or CBI are used to hound businessmen, political leaders & even youngsters. Hundreds of our youngsters are languishing in jails outside J&K as undertrials. Their condition is exacerbated since they belong to poor families who lack the wherewithal to get legal aid and in such circumstances, the least & humane decision this government could take is to shift them to J&K. All this is happening at a time when the trust deficit and growing alienation has only widened since 2019. Passports being a fundamental right are impounded with full impunity”.

On the state of freedom of press, she wrote, “Journalists are being jailed and even prevented from flying out of the country. Even a Pulitzer award winning young photojournalist was denied her right to fly abroad to receive the award. Journalists like Fahad Shah & Sajad Gul have been jailed under UAPA & PSA for over a year now for simply shining light on excesses committed by the Indian Government. The only ember of hope in these bleak circumstances is the judiciary which only can right these wrongs. However it saddens me to say that so far our experience with the judiciary has not inspired much confidence.”

The PDP leader pointed out that “being a former chief minister if her fundamental rights can be so easily suspended, you can well imagine the plight of common people. My mother too is the wife of a former Union Home Minister, a senior statesman and two time chief minister and her passport was rejected on unknown grounds. There are countless examples of common citizens, journalists, mainstream political workers and social activists who are bearing the brunt of such oppressive arbitrary decisions that trample upon their core rights and freedoms”.

“However I choose not to be overwhelmed with pessimism & despair. I have the highest respect and unflinching faith in the courts of our country. Unfortunately it is also my last refuge of hope in such bleak and despondent times that the judiciary will fulfil its duty”, Mehbooba added.

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