Daily Times

To;

Ranjan Gogoi

The Chief Justice

Supreme Court of India

Your Lordship,

I am writing to you in capacity of a global citizen who believes in the unequivocal rights as well as the responsibility of the people being members of this one world we all share at this junction of time. Being a Judge holding the banner of justice, I am sure that you will not concentrate on my nationality or put any political, religious or ethnic label on me, as it might make you biased. For me, humanity transcends one’s identity and the geographical location and thus I am addressing this letter to you with same spirit and belief.I wish your lordshipto concentrate onlyon the verse of Taittiriya Upanishad”Sraddhayadeyam, asraddhayaaadeyam, sriyadeyam, hriyadeyam, bhiyadeyam, samvidadeyam” meaning help others with care and respect, give withsympathy even give till it hurts you.Today, by virtue of your position you can give and contribute to this world and humanity.

The land of India has been a representation of diverse cultures and civilizations where teachings of Hinduism, the oldest known religion professed compassion, peace and happiness for thousands of years. Hindu scriptures reflect a deep commitment to justice, both as a social reality and as a cosmic principle.

As I write to you, the siege of Jammu and Kashmir continues for the ninth consecutive day, human rights literally remain suspended, all rations and necessities including milk powder for children is short, schools even hospitals are shut closed, continuous curfew has converted Kashmir literally into a prison while journalists and other media personnel are barred from their practice amid the unprecedented lockdown.

Let me quote the preamble of constitution of India which states that the people of India, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity”.Todaythe very land of pluralism, could not stand by its promise made in the constitution when it comes to ethnicities, religions and above all rights.Do not mind my words when I say that India has become a place where a state with a dominant majority religion seeks to put its minorities in a subordinate place and claim the country for Hindus only.

While Supreme Court of India believes that “Majoritarian views and popular morality cannot dictate constitutional rights”, yet the egregious, anachronistic, illiberal, and misogynistic elements are unashamedly taking over the very social and democratic system of the country. The constitution of India continues to be bizarrely misconstrued by politicians while evensenior ministers continue to dehumanize Kashmiris, enticing their chauvinist workers to marry “Gori Kashmiri girls” in days to come.

Your Lordship! The concept of “Karma” comes into play to deter persuasions for violence as elucidated in the Upanishads. I do not understand how the Indian government expects peace in Kashmir after having unleashing violent punitive actions through its indifferent brute force

The Jammu and Kashmir order, 2019 has been issued under Article 370(1) (d) of the constitution, stripping Jammu and Kashmir its ‘special status’. There are a number of petitions put forth to Supreme Court of India against abrogation of Article 35 A and Article 370. However, it seems that the Supreme Court is still weighing between doing justice and assessing the expected response by the like minds of RSS extremists. Probably, that is the reason the Supreme Court has not only refused early hearing of petitions relate to Jammu and Kashmir but also pended petitions seeking a direction for the Centre and the Jammu and Kashmir administration to relax all restrictions on freedom of movement and restore communications. Your Lordship! The Supreme Court of India cannot become party to the gross violations of human rights. Here are few things I would ask yourself and the Supreme Court of India to reflect. Does the constitution of India permit the parliament to retrogressively downgrade statehood into a less representative form such as a union territory?How come the government may use Article 370 to demolish Article 370? Does this article notbar the President to apply all other Articles except Articles 1, 238 and 370 of the Constitution to Jammu and Kashmir?Why the decision was taken unilaterally by the executive, and that the governor had exercised his power illegally?Why the elected representatives were not consulted or even asked? Why the political leadership of Jammu and Kashmir were kept under custody to bring this amendment and why still hundreds of political leaderskept under house arrest? Is it not the disregard for all norms of democracy that Indian constitution promises? Is not this in violation of historical promises made by India’s founding leaders? Can India turn away from its promises and declarations it has signed on international forums on the status of Jammu and Kashmir?

Your Honor! UN Security Council and the United Nations Commission for India and Pakistan has a clear stance regarding the State of Jammu and Kashmir being a disputed territory. It underscores that its final status is yet to be determined. The UN Security Council since 1948 has adopted 18 resolutions on the disputed status of Jammu and Kashmir. The first was Resolution No. 38 passed on Jan 17, 1948 and the last one was Resolution No. 307 adopted in 1971. The India government has no locus standi on territories illegally and forcibly occupied by it. Any action to alter the status of these occupied territories by India has no legal basis whatsoever.

Your Lordship! The concept of “Karma” comes into play to deter persuasions for violence as elucidated in the Upanishads. I do not understand how the Indian government expects peace in Kashmir after having unleashing violent punitive actions through its indifferent brute force. You won’t disagree that the recent adventure by Indian government has brought region close to destruction of a nuclear war. Any engagement on Line of Control will never remain limited to few sectors in Jammu and Kashmir. Indian government cannot ignore the military response by Pakistan. For humanity it would be nightmare to see two nuclear powers going for a war. Today the ball lies in your court and I believe Supreme Court of India can even do more than my expectations to maintain peace in the region.

I do not expect a reply to this letter but I do wish all the best to you being head of the apex house of justice in India in handling the most sensitive issue of our times.

A Global Citizen

The writer is an Islamabad-based analyst and a speaker on contemporary issues