Dr Ghulam Nabi Fai was greatly honoured and supported by people from all faiths. Christians, Jews, Muslims, Hindus, Buddhists, Zoroastrians, and even atheists wrote dozens of letters regarding Dr Fai to the judge. These were people from the Unites States, United Kingdom, Netherlands, Norway, Denmark, Thailand, India, Pakistan, Canada, Bahrain, Qatar, Turkey, from both sides of the ceasefire line in Kashmir, and many other countries. The courtroom was filled to capacity with people who came from places like California, Kansas, Illinois, Ohio, New York, Pennsylvania, Maryland, Virginia, Washington DC, North Carolina, Connecticut, Massachusetts, and other states. The judge publicly took note of the letters, acknowledging the people in the court in a positive manner at least twice, and demonstrated great appreciation for the cause of the people of Kashmir. It is an interesting and ironic twist that although the government may have gained some short-term advantage with India in filing spurious charges against Fai, the case against India regarding Kashmir gained greater mileage and publicity in the long run. It was since it also became obvious that an airing of the issues convinced a number of people involved directly and indirectly with the case, including the judge that the many years of sacrifice given by Dr Fai to his country was sincere and justified.
“I learned a whole lot reading this material,” Judge O’Grady declared. “I don’t for a minute question that [Dr] Fai is a true patriot of Kashmir, even though he is a US citizen, and the people that he has advocated for. I think he also loves the country and its people, and it’s reflected in his writings and it’s reflected by the people that are here today.”
Efforts by the prosecutor to paint Dr Fai as a ‘shill’ for Pakistan fell on deaf ears. Pointing out the prosecutor, Ms Ginsberg said angrily, “Mr. Kromberg’s arguments to the court are appalling in light of the fact that the government originally charged Dr Fai with a FARA offence, elected to drop that offence, and is now essentially making a closing argument that he would make to a jury if Dr Fai was charged with violating the FARA statute, all without giving him the slightest ability to refute with facts.” The prosecution had dropped the charge entirely on its own, without negotiation or effort by the defence, before the case ever reached the court.
“Judge,” she said, “Pakistan would have Kashmir annexed to Pakistan. Dr Fai is a Kashmiri. He doesn’t have to have Pakistan tell him that India shouldn’t be murdering tens of thousands of Kashmiri people.”
It was the genuineness of the cause of Kashmir and the succinct articulation of Dr Fai that caused the judge to make clear that he was totally convinced that the accused in no way misrepresented the people of Kashmir. He said in his closing remarks, “I see no reason why you can’t continue to advocate on behalf of the Kashmiri people and to write.” He shared his belief in that cause when he added, “I hope that this cause continues to be identified as an important international matter. And good luck to you.”
The people of Kashmir should remember that Kashmir is not a bilateral issue between India and Pakistan but that it has its own international dimension as mentioned by Judge O’Grady. While the efforts of Dr Fai have been somewhat muddied by these waters, the river flows on and the water will clear by these facts that have been revealed through this legal process. Dr Fai continues to stand strong and, God willing, he will continue to advocate the cause of Kashmir while he is incarcerated.
Once he is released, he will again advocate this just cause before the international community because he has been given the full support and confidence of American jurisprudence and was in fact encouraged by the judge to continue his work. That should be evidence in and of itself that the original allegation that he was acting as a foreign agent for Pakistan was completely false and without substance. The judge was eminently clear in recognising the ongoing tragedy in Kashmir, acknowledging the many years of labour by Dr Fai for his own homeland, and a full acknowledgement of those facts was made possible in public through this legal process.
A hero is someone who is willing to give his life for the cause of others. That description fits this man. He has given all that he could and more. No one I know or have known in my extensive experience in the political arena has demonstrated the selfless commitment and dedication I have seen in Dr Fai. Kashmir is blessed and the world is blessed as well by his fine example. It is time that we all recognise that Dr Ghulam Nabi Fai is a true hero for having raised the plight of Kashmiris to the level of global consciousness, and I personally owe him a deep sense of gratitude for the beautiful example he has been to me.
(Concluded)
The writer is a Director of United Progressives and the Director of American Affairs for the International Council for Human Rights and Justice