London: The All Parties Kashmir Parliamentary Group, Labour Friends of UK, Kashmiri organizations Jammu and Kashmir Self Determination Movement International and Jammu Kashmir Liberation Front presented a memorandum to UK Prime Minister Rishi Sunak for the release of Kashmiri Hurriyat leader Muhammad Yasin Malik.
The leadership of both the parliamentary groups and the two Kashmiri organizations reiterated their commitment to work with all Kashmiri and Pakistani humanitarian leaders to campaign for the release of the Hurriyat leader Yasin Malik.
Following is the text of the memorandum:
Hon. Rishi Sunak MP, Prime Minister
10 Downing Street
LONDON SW1A 2AA
Dear Mr Prime Minister
Re: Mr Modi seeks death penalty for Kashmiri leader Yasin Malik.
We the undersigned make this fervent appeal to seek British Government’s support, and an urgent intervention to save Mr Muhammed Yasin Malik’s life, as the Prime Minister Modi’s Indian Government seeks death penalty for the pro-peace jailed leader. Mr Malik was given a double life sentence in a politically motivated trial on 25 May 2022 by India’s National Security Agency’s (NIA) judge on ‘terror funding’ charges.
The NIA was specifically tasked by the BJP Government to concoct charges with the sole objective to silence Kashmiri leadership opposed to Mr Modi’s oppressive Kashmir policy. Furthermore, on 29 May 2023 the NIA’s appeal to convert Mr Malik’s life sentence to death was heard by the Delhi High Court which has ordered Mr Malik to respond on 9 August 2023.
Britain and India enjoy a deep and cordial relationship, while Britain also has strong multifaceted historic ties with the wider South Asian region, including Kashmir (AKA Jammu & Kashmir-J&K), and its people.
Around 1.2 million British Kashmiris make this country their home as post war economic migrants, and continue to make a positive contribution in all facets of Britain’s collective endeavours. British Kashmiris, like millions of their compatriots on both sides of the ceasefire line – CfL – in Kashmir, and across the world, are shocked and deeply aggrieved at Mr Modi’s decision to seek Mr Malik’s death, in what Kashmiris consider as a means to justify judicial murder of a popular Kashmiri leader for electoral gains. We strongly urge you, therefore, to dissuade the Indian Prime Minister to withdraw the NIA appeal, and impress upon him to refrain from committing a grievous injustice against Mr Malik.
Mr Malik is the most prominent and revered popular leader who is part of a solution over the long-standing Kashmir issue. We call on the British Government therefore, to engage with Mr Modi for the release of Mr Malik, and other Kashmiri leaders, including Mr Shabir Shah, Ms Aasiya Andrabi, Dr Qasim Faktoo, Ms Nahida Nasreen, and Masarat Alam to begin the process for an equitable resolution of the seventy five year old conflict over Kashmir’s political status. As a permanent member of the UNSC and head of the BritishCommonwealth, Britain has an international responsibility to seek a just and equitable resolution of the Kashmir Issue.
Equally Britain has historic obligations to safeguard the fundamental, political and human rights of the people of Kashmir and their political leaders like Mr Malik. Mr Modi’s Government has become extremely intolerant of peaceful dissent in Kashmir to the extent, that human rights defenders like Mr Khurram Parvez, as well as journalists are under the so called terrorism laws that the UN High Commission on Human Rights has quite rightly described as India’s “lawless laws” in its reports of June 2018 and July 2019 regarding the situation on both sides of the CfL in Kashmir.
Mr Malik is the Chairman of the Jammu Kashmir Liberation Front-JKLF, which is committed for a peaceful resolution of the Kashmir issue. He is imprisoned at the Tihar Jail in Delhi where he has been held in solitary confinement since his removal from Kashmir (Jammu’s Kot Bhalwal jail) on 9 May 2019. He was arrested on 19 February 2019 under the notorious Public Safety Act-PSA- from his residence in Srinagar. Mr Malik renounced armed resistance in the 1990s to embark on a peaceful political resolution of the Kashmir issue.
He has met number of Indian Prime Ministers including Dr Manmohan Singh, Mr IK Gujral, and the highly respected Mr Atul Bihari Vajpayee, numerous Indian politicians including ministers, senior officials and civil society figures who supported his decision for a peaceful political movement to achieve Kashmiris’ fundamental sovereign right to be free. He was assured of “genuine political space” if he returned to a peaceful mode in his struggle.
Undertakings were given to him by India that the Kashmir dispute will be resolved through meaningful dialogue involving the relevant parties. The highly respected India’s first BJP Prime Minister late Mr Atul Bihari Vajpayee promised the Kashmiris “the sky is the limit”. His successor Mr Modi however, has completely reneged on the Vajpayee principles, and has adopted an ‘all-out muscular Kashmir policy’ in which there is no space for political dialogue in Kashmir.
Kashmiri leadership has a stark choice, either accept Mr Modi’s Kashmir policy, meaning status quo, or face India’s fury and wrath. Mr Malik’s persecution therefore, is politically motivated as Mr Modi does not want to resolve the Kashmir Issue, even though there are many UNSC resolutions calling on India, and Pakistan, to respect the will of the people of Kashmir. It is pertinent to mention here that Britain also accepts that the people of Kashmir have a right to decide on Kashmir’s final political status.
To further his cause Mr Malik visited the US and Britain (twice) and met with officials, political figures, members of the civil society, and human rights organisations.
British and the US officials, the Indian Government ministers, including senior officials, prominent civil society members, including ex diplomats, judges and academics, persuaded Mr Malik to adopt the political mode of resistance with which he has kept firm faith, while Mr Modi has completely reneged on the undertakings given to him for political space and dialogue by previous Indian Governments. India’s current National Security Adviser, Mr Ajit Doval had also acted as a go-between during negotiations with the Indian authorities and Mr Malik.
Not being content with his oppressive policies against Kashmiri leadership Mr Modi’s Government annexed the internationally disputed J&K on 5 August 2019, and bifurcated the State into two Union Territories which are under direct rule from Delhi since Kashmir’s illegal annexation in August 2019. By annexing and breaking up Kashmir into union territories, Mr Modi’s Government completely disregarded India’s solemn commitments at the UN and bilateral agreements, both with Pakistan, and the Srinagar based Government of Indian administered Kashmir.
It is important to remember that Kashmir’s provisional and conditional constitutional relationship with India, was based on defined spheres of responsibilities linked with article 370 of the Indian constitution. With unilateral abrogation of article 370 by India, the constitutional bridge between India and Kashmir no longer exists. Today India rules Kashmir as a colonial occupier with its enormous military presence backed up by a plethora of oppressive, and draconian laws too numerous to list here! Mr Malik is a frail 57-year-old dignified, God fearing, brave and proud man with integrity. He has many medical ailments and health issues.
He has been shut away and has no idea about the outside situation. The only contact he has is with his ailing elderly mother and sister in Kashmir. He has not seen his Pakistani wife since his ten-year-old daughter was a toddler.
In protest he has gone on hunger strike twice at the manner in which India’s politicised judiciary conducted his trials both in India and in Kashmir. He has not been heard in the Indian judicial system. He has been prosecuted over the past four years under false and fabricated cases on ‘terror funding’. Despite undertakings given, and kept by all Indian Governments except the Modi Government, thirty-year-old militancy related cases were re-opened as politically motivated vendetta against the pro peace political opponent of Mr Modi’s oppressive ‘muscular’ Kashmir policy.
Mr Malik is an admirer of both Mahatma Gandhi and Nelson Mandela. Mr Modi’s BJP Government however, is inspired by the RSS, which is strongly opposed to Gandhian political and religious philosophy. Mr Modi believes in the conquest of Kashmir and complete submission of the will of Kashmiri people. Mr Malik however, is not willing to surrender and capitulate his people’s free will to Mr Modi’s, judicial, political and militarised aggression.
reThe ultra-(religious) nationalist BJP Government is in an election mode to enthuse its majoritarian electoral base for the 2024 Indian general election. Through the pliant Indian media, the BJP vilifies, and portrays pro peace Mr Malik as the Indian ‘Osama Bin Laden,’ to justify his intended judicial murder.
Mr Malik however, wants to see Kashmir as a bridge of peace, amity and prosperity in the South Asian subcontinent rather than a perpetual bone of contention. Britain in our considered view, is well placed to avert the vindictive and malicious judicial oppression of a man, who is genuinely committed to his homeland’s peaceful political transition, and by all accounts therefore, Mr Malik is the voice of peace in Kashmir.
By seeking his death, Mr Modi simply wants to assert his hegemonic will as a regional superpower against a defenceless man of peace, and his oppressed people. We appeal to the British Government to save Mr Muhammad Yasin Malik.
Yours Sincerely,
Raja Najabat Hussain
Chairman, JKSDMI.
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