Very few Kashmiris might have expected justice from the Indian judiciary on the petitions related to the abolished statehood of Jammu and Kashmir. The controversial verdict of the Indian Supreme Court on the sensitive matter of Jammu and Kashmir’s autonomy has further substantiated the concerns of disappointed residents of Jammu and Kashmir who are undoubtedly in the majority as compared to the optimistic quarters living in a fool’s paradise. Prejudiced verdicts of the Indian judiciary on the cases related to the illegally occupied territory of Jammu and Kashmir are now sort of unwritten law.
Similarly, controversial verdicts in cases related particularly to the Muslim minority reflect the extraordinarily biased approach of the Indian judiciary. Repeated unconvincing disputed decisions against the minorities have exposed Indian top courts as informal but steadfast partners of the ruling party BJP and its extremist wing RSS. This impression is neither over statement nor a baseless idea. Let’s recall the execution of Afzal Guru, which is remembered as one of the most absurd death sentences in the judicial history of India. The title of the story published in the Guardian on 10th February 2013 was enough to describe the lost credibility of the Indian state, “The Hanging of Afzal Guru is A Stain on India’s Democracy”.
According to impartial observers and the legal fraternity the trial was highly unfair and the judiciary just performed a ritual of proceedings before announcing a pre-decided death sentence for Afzal Guru. This highly questionable death sentence came under enormous criticism in international media. Human rights organizations and the European Union questioned the exceptionally biased role of the Indian Supreme Court which rejected the mercy petitions of Afzal Guru to uphold the untenable verdict.
The inaugural fanfare of Ram Temple is all about giving the victory signal to the foot soldiers of the Hindutva movement.
Indian court admitted the non-availability of concrete proof regarding the alleged involvement of Afzal Guru in the terrorist attack plot. Shamelessly, in the same verdict, the death sentence was awarded merely to satisfy the collective consciousness of the people.
Award of death sentence on unconvincing circumstantial evidence to cool down the sentiments of overexcited extremist quarters exists as a unique blackspot in the judicial history of the modern era. Over some time, Indian courts have transformed into an extended judicial arm or wing of RSS ideologues ruling the country in the mask of politicians.
The infamous verdict in the Babri Mosque case is another undeniable evidence of the significant tilt of top Indian courts towards the extremist quarters. BJP is now striving for a third term and using the notorious verdict as a springboard to launch the election campaign.
Modi is all set for the inauguration of the Ram Temple on the debris of the historic Babri Mosque. Concerns and agony of the Indian Muslims were brazenly ignored while issuing the verdict for the demolition of the Babri Mosque. Interestingly, the top court once again satisfied the vicious desires of the prejudiced extremist quarters while ordering the demolition of the mosque. The verdict had a significant colour of politically motivated agenda with almost zero space for legal provisions and universally acknowledged fundamental rights of minorities.
Modi’s plan to inaugurate the Ram Temple before the upcoming elections is an obvious move to run the engine of the polling campaign with the steam of anti-Muslim fuel. The piercing alignment of the top court with the political agenda of the sitting government is being questioned by the opposition and saner quarters in the Indian media as well. Brazen compromises on the so-called secular and democratic stature of the Indian state were not possible for the BJP without the connivance of the judiciary.
Rapists and murderers involved in serious crimes against the minorities were extended extraordinary judicial relief. Bilqis Bano’s case is a live example to comprehend the level of impunity available to anti-Muslim violent organizations in India. Veteran Indian intellectual and journalist Jawed Naqvi has recently forewarned about the brazen replay of the Babri Mosque tragedy in Varanasi, Mathura and Delhi. Abuse of legal power in the top judiciary to accelerate the extremist agenda of the BJP is a new norm.
Modi is building up a Hindu Rashtra on the rubbles of secular democratic India. The inaugural fanfare of Ram Temple is all about giving the victory signal to the foot soldiers of the Hindutva movement. Coercion of the Muslim minority with impunity is an essential ingredient of this venomous recipe for disaster. Highly biased and Hindutva-influenced courts are vigorously paving the way for overambitious Modi.
Indian Supreme Court maintained its bleak track record while hearing the petitions against the abrogation of Article 370 which guaranteed autonomy to the disputed territory of Jammu and Kashmir. A presidential order was preferred to snatch the statehood in the absence genuinely elected legislative assembly. BJP is pursuing a long-term plan to systematically deprive the people of IIOJK of all sorts of fundamental rights.
Abrogation of statehood and conversion of disputed areas in union territory through unilateral illegitimate acts is only possible in a country like India where all governmental machinery including the judiciary has been tamed to act on the dictation of the ruling cult. Deliberate violations of human rights, genocidal atrocities, unilateral demographic changes in internationally acknowledged disputed territory and custodial torture and fake encounters are being used to suppress the freedom spirit in IIOJK. Kashmiris all over the world are morally duty-bound to raise their voice at all international forums to highlight the plight of IIOJK.
The world should know how closely Gaza and IIOJK resemble. Old partners of New Delhi, ilk of Abdullah and Mufti clans, might have learned that seeking any sort of justice from a saffronized Indian judiciary is nothing but an act of foolishness.
The writer is a freelance and can be reached at sikandarnoorani @yahoo.com