Date: 27/05/2013

In a message dated 26/05/2013 05:57:46 GMT Daylight Time, xxxxxxxxxx writes:
The Editor

Sub:- (i)- India misusing its Military in Kashmir

(ii)- Report on my visit to Srinagar (J&K), to help solve Kashmir problem

Dear Sir

As I mentioned in my previous published letter of May, 17 - “Thank
God – At last, Kashmir solution in sight !” (available at
http://www.scoopnews.in/det.aspx?q=29156) on the invitation from
Farooq Ganderbali of “JK Youth Development Forum (JKYDF), I reached
Srinagar on May 20, 2013 evening and :-

(1)- Immediately I was asked to participate in a meeting of JKYDF in
which 16 executive body members and other members participated. These
members listened to me and discussed about future plans to be followed
by JKYDF and it was decided that first we should take-up following
two issues specifically related to J&K before we convert JKYDF in June
last week into national label NGO for taking up all-India issues:-

(i)- Questioning the deployment of military and para – military forces
in civilian areas of J&K and instead demanding retrieve of POK by

(ii)- Rehabilitation of Displaced Kashmiri Pundits (DKP) within time
bound program of one year.

(2)- Therefore on Tuesday May 21, 2013 we had hour long meeting with
High Court advocate Mr. Yaqub and we briefed him about the writ
petition (PIL) which will be filed in coming week in which following
prayers will be there in view of two principle pleadings that – “[(A)-
Military is showing ‘bravery’ on Indian citizens in J&K (even through
Armed Forces Special Power Act, AFSPA) but has no courage to take POK
militarily, though Pakistan 1/6 th of India’s size tried so many times
(in 1947, 1948, 1965, 1971, during Kargil and through on-going proxy
war) to snatch J&K forcefully from India and (B)- This along with
unchecked infiltration of terrorists from Pakistan have resulted in
militancy / terrorism in J&K]”:-

(i)- Government of India (GOI) should be asked by Court that (A)- why
during these 65 years POK was not retrieved militarily (B)- how much
more time will be taken before discharging mandatory duty of
retrieving POK (C)- when military and para – military forces shall be
removed from civilian areas of J&K (D)- when AFSPA shall be repealed
in J&K

(ii)- J&K Government (which is sharing the burden of deployment of
armed forces in J&K) should be asked by Court that when will it move
Union Government (A)- To take POK militarily (B)- To remove military
and para – military forces from civilian areas of J&K and (C)- To
repeal AFSPA in J&K.

(3)- It was decided by JKYDF that if GOI tries to talk to Pakistan or
to separatists on Kashmir (which implies that territory & status of
J&K is negotiable) then immediately a supplementary petition would be
filed in J& K High Court to issue injunction / directions on GOI that
it will not talk about Kashmir but only about retrieve of POK with
these entities.

(4)- It was also decided by JKYDF that this writ petition would be
filed in J&K High Court and not in Supreme Court (because apart from
Article 226 jurisdiction of High Court which is much wider than
Article 32 jurisdiction of Supreme Court) mainly due to the reason
that it is possible to mobilize at least 1,500 to 2,000 People of J&K
before J&K High Court (which will not be possible in Delhi before
Supreme Court) to give support to this petition which, for the first
time in 65 years history of independent India, will give extremely
important message to entire world that this writ petition is not by
one man organization or by handful of people but has wide support of
people of J&K who have wisdom, patriotism and courage to come openly
in support of territorial integrity of India by demanding that POK
should be retrieved (even militarily if necessary) by India from

(5)- When some people came to know about this to-be-filed writ
petition then number of people started telling us that People of J&K
are with separatists. On this, the JKYDF accepted the challenge and
conveyed this message to separatists and to others that let this said
writ petition be admitted and said injunction be passed then after
that within 100 days let separatists take public meeting at ‘Lal
Chowk’ (or at any other place in J&K and for which JKYDF will support
and even protect the fundamental right to freedom of speech of
separatists) and within one week of these meetings JKYDF will also
take meeting at the same place and we will prove that people of J&K
will show their more support (through their turn-out in these
meetings) to JKYDF (and to its commitment to territorial integrity of
India) than to separatists.

(6)- In a nutshell separatists are getting support from people because
GOI is talking to them by violating constitution of India (where there
is no place for separation of any part of J&K, including POK, from
India). Any number of people in J&K told us that once GOI stops
talking to separatists / Pakistan about Kashmir and once writ in J&K
High Court reaches to its logical conclusion then it will be difficult
for these separatists to gather even 15 persons around them

(7)- The JKYDF also discussed that we should take advantage of ‘Kheer
Bhawani Fair’ which will take place in Ganderbal on June 17, 2013 and
where Kashmiri Pundits from all over India assemble once in a year. So
we decided that JKYDF will organize public meeting on June 17, 2013
under its banner near Kheer Bhawani fair in which Chief Minister
(who’s constituency is Ganderbal) , ruling and opposition leaders
(even separatists), other social leaders and prominent DKP community
leaders from all over India will be invited and will speak about their
support to rehabilitation of DKP in J&K. In this meeting JKYDF will
give promise to people that within time period of one year JKYDF will
solve the problem of DKP.

(8)- In this June 17, 2013 public meeting JKYDF will request J&K CM to
publicly announce that whatever is possible within law, the J&K
Government would provide (and will also request Union Government to
provide) the help & assistance for this rehabilitation program of
JKYDF (including regarding evacuee & distress sale properties of DKP ,
increased security for some time till needed in areas where
rehabilitated DKP will live etc)

(9)- The main strength & specialty of this one year rehabilitation
program would be that JKYDF will provide protector-companion to any
DKP (as per choice of DKP) who will feel unsafe to return to Kashmir
without such protector-companion. For mobilizing such companion
volunteers the JKYDF will launch its web site and membership drive
from coming week.

(10)- I also had an opportunity to see that to what extent GOI is
misusing its military. I attended on May 23, 2013 a seminar in a
School premises at Ganderbal, which was organized by 5 RR BN (JAT)
with topic “Reflection on Kashmiriyat and Sufi culture”.

(11)- Of course GOI / Military is indulging in such unseemly and even
legally objectionable activities by assuming that terrorism /
militancy in J&K can be tacked by these funny ideas. But GOI /
Military do not realize that the only solution to Kashmir problem is
to retrieve POK as we have mentioned and highlighted in said
to-be-filed writ petition.

(12)- During my presence in J&K, some SPO (Special Police Officers)
also approached JKYDF and complained that due to coming Assembly
elections in 2014 in J&K, Government of J&K (GOJK) wants to recruit
thousands of persons in Police Force who are expected to vote for CM’s
party National Conference (NC). Whereas SPO (who are ~ 30,000 in J&K)
have lost more lives in terrorist attacks (while protecting VIPs) than
regular Police (despite SPO getting ~ 1/6 th salary and miserable
service conditions than regular Police) but GOJK only takes 15 % from
SPO during Police recruitment and that too from potential voters of NC
. On this JKYDF advised SPO that they should move JK High Court to get
directions that (i)- 100 % should be recruited from eligible SPOs and
any thus resulting vacancy in SPO should be filled-up by new recruits
and (ii)- Special education facilities and Police training should be
provided to SPOs so that these should not become excuse to deny SPO
the justice in Police recruitment.

(13)- In view of huge amount of problems being faced by people of J&K
(but no redress mechanism worth the name), it was also decided that
JKYDF will open its manned office first in Shrinagar and then in other
parts of J&K where any body from J&K may come and get assistance,
guidance and help in getting his / her problems (especially related to
human rights) solved.

(14)- I left Srinagar on May 24, 2013 for my present place of
residence at Shri Mahavirji, Rajasthan for attending a family
function. And it was decided that I shall immediately go back to J&K
whenever JKYDF would ask me to come back to J&K for assisting JKYDF in
these programs and activities.

(15)- It is hoped and expected that Farooq Ganderbali and his entire
team of JKYDF (in J&K) will carry-out the activities (with seriousness
and alacrity it demands and deserves) of :- (i)- Getting writ petition
filed in J&K High Court in coming week (ii)- Arranging Press
Conference in Srinagar immediately after filing said Writ petition
(iii)- Mobilizing 1,500 to 2,000 persons before J&K High Court on the
day of admission-arguments of writ petition (iv)- Filing
supplementary petition in High Court to restrain GOI from talking
about Kashmir with Pakistan and / or with separatists (except talk
about retrieve of POK) (v)- Arranging said public meeting at Ganderbal
on June 17, 2013 for rehabilitation of DKP (vi)- Launching website and
membership drive, also to get protector-companions for DKP during
their rehabilitation (vii)- Arranging an Advocate for SPO to file the
said petition in J&K High Court.(viii)- Opening manned office of JKYDF
for redress of human rights related problems of people of J&K

Yours truly,

Hem Raj Jain