AFSPA has no legal sanction

Disturbed Area Act expired in 1998

Amidst the deafening noise of the heated debate that is going on the issue of the proposed partial withdrawal of the dreaded Armed Forces Special Powers Act (AFSPA) from some select parts of Jammu and Kashmir, the bare fact that the said law have no legal cover or sanction and that its provisions are being invoked deceitfully as the same have no legal sanction or cover. As per the statute book, provisions of AFSPA can be invoked by the Army and other paramilitary forces only in areas that fall within the purview of the Disturbed Area Act DDA). That is, AFSPA can come in operation only in those areas which have been declared as being ‘disturbed’ under the provisions of the DAA.

As per the official records, We could lay its hands on, Jammu and Kashmir was brought under the purview of the DAA in 1990 by the then Governor Jagmohan, when entire Kashmir valley was caught in unprecedented militant violence and there happened to be no trace of any governance worth its name. At that time, Jagmohan invoked the provisions of DAA to confer special powers to the police (not Army), special powers to conduct searches, arrest those suspected of being involved in militancy related activities and also the power to open fire on what could be called as ‘unlawful assemblies’. That time, Army was not formally called to deal with the militancy and instead this job remained entrusted to the otherwise non-operational police and paramilitary forces.

The promulgation of Governor Jagmohan was to remain in force till July, 1992, when the centre invoked the provisions of AFSPA, as the state continued to remain under the direct central rule.

Incidentally, AFSPA, during this period, remained in force only because the state, which was for all practical purposes under the direct central rule, had declared Jammu and Kashmir valley as “disturbed”. In July 1992, with the armed rebellion only spreading, the President — the state was by now under President's rule — re-enacted the law and since then it was extended by the parliament every year, till a civilian government was formed in Jammu and Kashmir in 1996, with National Conference ‘sweeping’ the polls and Farooq Abdullah taking over as the chief minister of the state.

In 1997, National Conference government brought an enactment before the state legislature, replacing the old disturbed Area Act that was promulgated in 1992, by the President. The enactment adopted by the two houses of the state legislature in 1997, lapsed only a year after, 1998 and was never extended after that by the legislature.

This means that in the eye of the law, Disturbed Area Act is no longer applicable in any part of Jammu and Kashmir and consequently the dreaded AFSPA has lost its validity as the latter can be operational only in the areas that stand declared as ‘disturbed’, under the DAA. If one goes strictly by the provisions of the law, then from 1998, AFSPA in Jammu and Kashmir is being invoked in gross violations of the law and all the actions taken under the Act are illegal and unconstitutional.

Jammu and Kashmir’s Law secretary G H Tantray is on record to have confirmed that “The Act, enacted by the Assembly in 1997 to replace the old Disturbed Areas Act, 1992 lapsed only a year later in 1998”.

For quite some time it is being argued on behalf of the proponents of AFSPA that unless Disturbed Area Act is not withdrawn by the state government the law remains in force. They dare the state government to issue notification for the withdrawal of the DAA if it seriously and sincerely wanted to revoke AFSPA.

State government, on its part, might well decide to withdraw the Disturbed Areas Act, but doing that would be nearly impossible, because the law doesn't exist anymore on the statute book.

In fact, former Deputy Chief Minister, Muzafar Hussain Baig, who also held portfolio of Law in the previous government, pointing to this glaring illegality and impropriety had moved a resolution during the 2009 budget session of the Legislative Assembly calling upon the House to declare the existence of AFSPA in Jammu and Kashmir as ‘illegal and unconstitutional’ as the DAA no longer was operative in the state. Baig contended that when the very source from which the AFSPA derived its powers and authority was non-existent, how AFSPA could be in operation.

However, ironically, the Omar Abdullah government, which is now very vocal in calling for the revocation of AFSPA, vehemently opposed the resolution moved by Baig.

October 27, 1947: Dakota in my dell

Guest Post By: Sameer Bhat

Autumn wind rustled in the terrified vale. In the chimneys of Srinagar, nestling birds shuffled. A DC-3 Douglas Aircraft Company Transport Airplane (called Dakota in brief) was heard in the sky around 8.15 in the morning. The dull camouflage paint suggested that the propeller-driven plane belonged to the Royal Air Force (gifted to the newly formed Dominion of India). Commandeered by Biju Patniak (who later went on to become the CM of Orrisa), the DC-3 had 17 soldiers of 1-Sikh regiment on board. The bumpy flight had just crossed Pir Panchal and was going to significantly alter the course of history in the subcontinent. Its first attempt to land on the ramshackle Srinagar airstrip was not successful.

Lt Col Dewan Ranjit Rai, the commanding officer of the party was getting edgy.

He asked the pilot to fly low on the airstrip again, this time, to ensure that no raiders were around. Also since the first hasty attempt to land was abortive, Plan B was to turn back to Delhi. Instructions from PM Nehru’s office were clear: If the airport was taken over by the enemy, you are not to land. Taking a full circle the DC-3 flew ground level. Anxious eye-balls peered from inside the aircraft – only to find the airstrip empty. Nary a soul was in sight. The raider party – also called Tariq’s raiders (after Gen Mohammad Akbar Khan of Pakistan’s 13 Frontier Force Rifles, codenamed Gen Tariq) were busy distributing the war booty amongst them in Baramulla.

Four days ago the fiercely combative Afridi tribals with active help from the Pakistan army, galvanized by reports of the mass murder of Muslims in Jammu, attacked Kashmir. Codename: Operation Gulmarg. Everything went according to plan for the Pakistanis. A few hours after the daredevil blitzkrieg was launched on October 24, 1947, Muzaffarabad fell. On October 25 the tribal militia, backed by regular army troopers, reached Uri. By evening the tiny town was captured. Mirpur and Poonch looked vulnerable. The Maharaja’s troopers were absolutely no match. The Pakistani onslaught was ferocious, sudden and swift. By the morning of October 26, 1947 the advancing squad was knocking at the doors of Baramulla. By afternoon the most important township in north Kashmir was taken. The same evening a feeble Hari Singh fled Srinagar, anticipating savage raiders – any moment — to drag him out of his Hari Niwas palace to impale him.

Ofcourse the moment never came. The uncouth raiders in the words of Gen Mohammad Akbar Khan (Brigadier-in-Charge, Pakistan, in War for Kashmir in 1947) himself: ‘Delayed in Baramulla for two (whole) days for some unknown reason’. The loot and orgy in Baramulla continued well into the morning of October 27, 1947. Around that same time the DC-3 hovered over the airspace of the still independent Kashmir. Later Indian claims that its forces landed on the Srinagar airport — only after signatures on the Instrument of Accession by Maharaja and the Indian government were obtained — is riddled with some confusion and disputed. Be as it may the Dakota quietly touched down, almost unnoticed at 8.30am. For the first time — ever — India was in Kashmir to help. Sometimes in history friends can cook up a storm.

A total of 704 sorties right from the morning of October 27, 1947 till November 17, 1947 meant that the tribals were totally routed by the more professional Indian army. PM Nehru was ecstatic. On November 2, 1947, the PM spoke to the nation from All India Radio. Nehru was pointed: [Quote] We are anxious not to finalize anything in a moment of crisis and without the fullest opportunity to be given to the people of Kashmir to have their say. It is for them ultimately to decide — And let me make it clear that it has been our policy that where there is a dispute about the accession of a state to either Dominion, the accession must be made by the people of that state. It is in accordance with this policy that we have added a proviso to the Instrument of Accession of Kashmir. [Unquote]

The matter went to the UN which announced a ceasefire of hostilities, pending a plebiscite. Pakistan still holds onto a part of Kashmir. The Indian army continues to increase its footprint in Kashmir and at present constitutes the highest military-civilian ratio anywhere in the known world.

63 years later, the battle for Kashmir wages on.

Postscript: Col Rai was killed in Kashmir a day after he landed. Gen Tariq was jailed under the Rawalpindi conspiracy case but was later released and went on to become the chief of national security under Zulfikar Ali Bhutto.

The day Maharaja went for Kashmir Accession

Guest Post By: ZAHOOR HUSSAIN BHAT

On October 26, 1947, the State of Jammu and Kashmir acceded to the Dominion of India when its ruler Maharaja Hari Singh signed an Instrument of Accession and the Governor General of India, Lord Mountbatten accepted the instrument. With this Maharaja handed-over the Valley to India. This was the time when thousands of tribal groups had raided the State. By the Instrument of Accession, the Maharaja of Jammu and Kashmir accepted three subjects as ones on which the Dominion Legislature may make laws for the State. They were: Defence, External Affairs and Communication. While accepting the Instrument of Accession Mountbatten put forth the condition that as soon as peace is restored in Kashmir the people of Kashmir should confirm the Accession of the State.

On October 27, 1947 Indian troops were airlifted to Srinagar. The landing of troops in Srinagar was justified by Government of India by stating that troops were sent as was requested by the ruler of the state; and only after he had decided to accede to the Indian Union. However M J Akbar, the author of Nehru’s biography, has expressed doubts about Hari Singh’s formal request for assistance. He writes, “Nehru and Patel were both determined to send the army into Kashmir whether Hari Singh asked for them or not”.

Historians are of the view that the strongly nationalistic Kashmiris were fearful of joining India given the communal holocaust raging elsewhere in India during the Partition. This is clearly articulated in a famous speech by Sheikh Abdullah on October 22, 1947 where he explains the apprehension of the Kashmiri Muslims in joining India, given the massacre of Muslims in Kapurthala and elsewhere in India. However, Abdullah would consent to provisional accession to India on October 27 clearly stating that it was a provisional accession ultimately to be decided by a plebiscite.

The Maharaja made an order on October 30, 1947 appointing Sheikh Mohammad Abdullah as “the Head of the Administration with power to deal with the emergency” and appointed a twenty three member Emergency Council “pending the formation of the Interim Government”. By a proclamation issued on March 5, 1948 the Maharaja decided “to replace the Emergency Administration by a popular interim Government and to provide for its powers, duties and functions, pending the formation of a fully democratic Constitution”.

The State of Jammu and Kashmir was then governed by the Jammu and Kashmir Constitution Act, 1939. Justice Dr. A.S Anand, an eminent judge, opined in his book, ‘The Development of the Constitution of Jammu and Kashmir’: “The Government of Jammu and Kashmir did not accept the Constitution of India as a Constitution for the State.

Despite the accession, the State was still to be governed by the old Constitution Act, 1939. This was because the Government of India had given an undertaking that the people of Kashmir could frame their own Constitution. The Government of India could not force the State to accept the constitution (of India), for that would violate the agreed terms of the association of Kashmir with India. The State had voluntarily surrendered three matters only (Defence, External Affairs and Communication) and the Government of India could not enlarge the sphere of its jurisdiction at its own discretion”.

On November 2, 1947 speaking on all India Radio Pundit Jawaharlal Nehru said, “Destiny of Kashmir is ultimately to be decided by the people who live in it. We have given this promise not only to people of Kashmir, but to the world. We will not and cannot back out of it”.

On November 25, 1947 Nehru informed the Indian Parliament that we have suggested, “When people of Kashmir are given a chance to decide their future, this should be done under the supervision of an impartial court such as United Nations Organization”.

Nehru in a famous speech at Lal Chowk made it clear that the wishes of Kashmiri’s regarding the State of Jammu and Kashmir would be consulted in a plebiscite or referendum. He would repeat this promise time and again in various speeches from 1947-1951 and the 1948 Indian White Paper clearly records that the accession of Kashmir to India is provisional until such time as the will of the people of the State could be ascertained by a plebiscite.

On November 1, 1947 Mountbatten held a meeting at Lahore with Quaid-e-Azam Muhammad Ali Jinnah & Prime Minister Liaquat Ali Khan. Nehru on the justification of illness failed to attend meeting.

Pakistani leaders made it clear that accession was based on fraud and violence and was not genuine.

Nehru approached the UN Security Council to seek its help to settle the issue. On January 1, 1948 the Security Council of United Nations was called upon by India under article 34 and 35 of Chapter VI of the United Nations. In Indian complaint it has been pledged that once the soil of the State had been cleared of the invaders and normal conditions restored its people could be free to decide their future by the democratic method of plebiscite or referendum which in order to ensure complete impartiality might be held under international auspices.

The Security Council met on January 15, 1948. The Indian delegation also included Sheikh Mohammad Abdullah, head of Interim Government under Indian occupied Kashmir. The Indian representative referred to note of Mountbatten on instrument of accession that question of State’s final accession should be settled by reference to the people of Kashmir. Pakistan’s representative protested against Indian forces in Kashmir. He said that in the presence of Indian forces people of Kashmir could not express free will. Pakistan’s Foreign Minister made a forceful speech for five hours and made a history in records of United Nations. On January 20, 1948 Security Council by resolution No.39, established the United Nations Commission on India & Pakistan (UNCIP). On February 8, 1948 discussions in the UNO broke down on the question of free administration, as India wanted Sheikh Mohammad Abdullah to continue as head of the administration during plebiscite or referendum.

Negotiations again resumed in March 1948 in UNO and on April 21, 1948 a resolution was passed according to which Government of Pakistan was asked to withdraw from Jammu & Kashmir all its forces, tribal & Government of India was asked to reduce her forces to minimum strength after which plebiscite be held on the question of accession of State to India or Pakistan. The resolution asked for U.N delegation to proceed to sub-continent at-once. It did not condemn Pakistan as aggressor as desired by India nor it touched upon the legal aspect of Kashmir’s accession to India. The UN Security Council resolution of April 21, 1948, clearly states that the final status of Jammu & Kashmir should be decided through an impartial plebiscite held under the auspices of the world body.

The United Nations resolutions of August 13, 1948 and January 5, 1949, proposed the plebiscite option for resolving the Kashmir dispute. These resolutions laid down the principles and procedures for a free and impartial plebiscite under UN auspices. Both India and Pakistan accepted the United Nations Resolutions. However, later, differences arose over the interpretation of various clauses of the resolutions, especially on the issues of demilitarization and disbandment/ disarming of the “Azad Kashmir” forces. India gave its own interpretation to the agreement and suggested that the Azad Kashmir forces be disbanded and the defence and administrative responsibility of the region be given to India and Indian Kashmiri authorities.

Pakistan, on the other hand, was in favour of a complete and simultaneous withdrawal of forces by both countries. By early 1948 Nehru had developed second thoughts about the plebiscite. The Indian leadership from the very beginning was aware that the majority of Kashmir was against accession with India and after dismissal of Sheikh Abdullah in August 1953 the alienation among Kashmiri people became increased.

Indian Constituent Assembly in 1949 adopted Article 370 of the Constitution, ensuring a special status and internal autonomy for Jammu and Kashmir with Indian jurisdiction in Kashmir limited to the three areas: defence, foreign affairs and communications. This was confirmed by Abdullah in 1952 Delhi Agreement and the State was allowed to have its own flag. In reality, Article 370 which was envisioned as a temporary measure till self-determination has been seriously eroded over years with the collusion of local ministers installed in rigged elections, by extending various articles like 356 and 357 to the State, by virtue of which the Centre can assume the government of the State and exercise its legislative powers.

Today, Kashmiri’s are worse off than people in other States in many respects: having been denied rights, Article 370 eroded and repressive acts such as Armed Forces Special Powers Act which lead to arbitrary arrests, torture and killing of thousands of innocent civilians.

What AFSPA & PSA Actually Is?

THE ARMED FORCES (JAMMU & KASHMIR) SPECIAL POWERS ACT, 1990:

The Armed Forces (Jammu & Kashmir) Special Powers Ordinance, introduced in July, 1990,was later enacted by the Parliament of India and enforced on 10th September, 1990. When certain areas are declared to be “disturbed”, the army and paramilitary forces are granted sweeping powers under Section 4 (C) of this Act. The armed forces can be used in aid of civil authorities and even a non commissioned officer can search any place, stop/seize any vehicle, fire at any person (and kill), or arrest him even on the basis of suspicion with no obligation to inform him of the grounds thereof. It gives the Indian security forces sweeping powers that facilitate arbitrary arrests and detention and extra judicial executions as well as destruction of property. The provisions of the black law are further violated in the occupied Kashmir by the security forces. Under the law, an arrested person is to be handed over to the nearest police station. But it is seldom done. Besides, the armed forces personnel are supposed to act as and when requested by the civilian authorities. In other words, the former should work under the direction of the latter. However, factually the security forces are inflicting atrocities on the Kashmiris without informing the civil administration. The State government has proved ineffective in controlling the Indian security forces, who have unleashed a reign of terror in occupied territory. The Act legitimizes barbarism in the State, as under Section 7, the security forces are given an immunity from prosecution for any act committed by them.

JAMMU & KASHMIR PUBLIC SAFETY ACT,1978

The Act promulgated in 1978 (amended in 1987 and1990) empowers the State government to detain a person without trial for two years under the pretext of maintenance of public order. The Act fell short of the recognized norms of justice, such as equality before law, the right of the accused of appearance before a Magistrate within 24 hours of arrest, fair trial in public, access to counsel, cross examination of the witnesses, appeal against conviction, protection from being tried under retrospective application of law, etc. Even the provisions of the Act, though already unsatisfactory, have been consistently violated. The detainees are not informed of the reasons of their arrest and they are kept in custody for a much longer period of time than stipulated in the Act. They are not allowed to meet their relatives and counsels. The amendment of 1990 extended its operation beyond the State, enabling the State machinery to keep the detainees in the jails of India, outside the State. Under Section 22 of the Act, any legal proceeding against officials for acts “done in good faith” are also disallowed.The law has been widely used against the innocent Kashmiris as well as political opponents. Thousands of people have over the years been detained under the Act.

Journalism in Occupied Kashmir

By: Muhammad Daheem

To report human misery without any pressure from any quarter is the basic right of journalists. No body can deny the freedom of expression in the modern age. Nonetheless, journalism is an uphill task in Indian occupied Kashmir. Kashmiris took arms against Indian occupied forces in 1989. Since then several journalists have been harassed, threatened, tortured and severely wounded by the Indian forces and state machinery. Several have survived fatal attacks. Many have lost their lives for the cause of freedom of expression. Even then the Kashmir press does not have the liberty to report facts and realities related to Kashmir issue. Nonetheless, several journalists are struggling to bring into light the realities related to freedom movement in Kashmir.The puppet regime of Indian held Kashmir is actively engaged in the state sponsored terrorism. The curfew passes of journalists are torn or declined or declared faked. The journalists, in such circumstances, find it difficult to reach their offices. Many news and text messages are blocked or banned to curb the rights of journalists in Kashmir.The Valley journalists are not allowed to express their genuine opinion about grim situation in Kashmir. Despite obstacles the scribes, writers and editors are exposing the atrocities of the Indian forces. The voice of the conscientious journalists is the voice of the freedom of expression.Kashmir is a valley of tears, death and cemetery of known and unknown martyrs. It is because of the atrocities of the Indian forces. In such circu
mstances conscientious media plays vital role. It closely watches the grim situation and struggles to portray a true picture of the events.Civilized societies do not tolerate attacks on journalists or arrest of editors and writers serving for the noble cause. The sincere journalists are part and voice of the society and they portray the true picture of the society. Unfortunately Kashmiri journalists have been deprived of presenting true political picture of events in Kashmir. It is one of the most unreported regions of the global world.The number of Indian forces present in the Kashmir region is more than half a million. These forces, a symbol of hatred for the Muslim all over Kashmir, erode media freedom and rights of journalists. The Indian forces try to hush up the damaging details of events from the community of journalists.On Jun. 11, 2010 Indian security forces killed a youth in Srinagar. The schoolboy was returning home from a tuition center. This resulted a series of protests across Kashmir. In consequence 14 more people got killed including several teenagers. A number of Kashmiris were i

njured as a result of police action.It was against this background that press associations met and decided to express their protest by suspending the publication of all local English and Urdu language newspapers in the Indian occupied Kashmir.The newspapers suspended publication from July 8 to 11 in 2010—— a rare example in the history of journalism.They did it as a protest “against the government’s policy on the movement restriction of reporters and technical staff”. Bashir Ahmad Bashir, an editor of an Urdu language daily mourns:“We had to suspend publication of our newspapers for four consecutive days given the restrictions imposed on media personnel. Our curfew passes were cancelled. Reporters and photojournalists were ruthlessly beaten up, while cases were filed against some media persons in an effort to stop them from publishing the reality.”Riyaz Masroor, a senior journalist, was “beaten up ruthlessly by policemen” after he identified himself as a journalist to authorities who stopped him outside his home.Journalists complain of restrictions on scribes, writers, editors and photojournalists by the state-controlled agencies. The media does not have the liberty to report independently.Journalists, in the light of professional journalistic code of ethics, have the right to express their views that come from the core of their heart. But the freedom of expression is still not acknowledged in the occupied Kashmir.Iftikhar Geelani, a journalist, was charged and arrested under the notorious Indian Official Secrets Act, a product of the British Colonial rule. He was accused of “storing information about India ‘s military presence in Kashmir and possessing classified documents prejudicial to the safety and security of the country,” in his laptop computer. Asiya Jeelani, an editor of a human rights group magazine, died of a mine blast while her colleague Khurram Parvez, an activist, lost his leg. The history of Kashmir is replete with atrocities of Indian forces in Kashmir.The Kashmir Press is under pressure. Journalists in Kashmir are struggling to stop violation of basic Human Rights of journalists — the right to express their viewpoint and report the bitter truth without pressure from any quarter.There are no private satellite television channels or private radio stations in Kashmir.Local cable television channels have been forced to cut their evening news bulletins to just 15 minutes. They are not permitted to rebroadcast the news. State-controlled radio and television are the voice of the puppet regime in Kashmir.

These are not considered to be authentic or reliable sources by the public.The Kashmir Press Association, Press Guild of Kashmir, Kashmir journalists’ Corporation, Kashmir Press Photographers Associations and Kashmir Video Journalists Associations are the voices of journalists.These voices are protesting against the government’s stern policy towards journalists and journalism. Daily Kashmir Express, the most circulated newspaper of the state, advocates the right of self- determination of the people of Jammu and Kashmir. This newspaper also highlights their respective problems that people of Kashmir are facing all over the world. Journalists are trying their best to support the voice of the people of Kashmir.A London-based think-tank survey shows that 75 to 95 percent Kashmiris want independence from the yoke of Indian slavery. The people are in favour of freedom of press. Unfortunately the photojournalists and video journalists opt for self-censorship in case of protest demonstration. This is because they are under pressure and working in difficult times. They are the daily victims of injustice and cruelty of Indian imperialism. From time to time they express their anger against Indian forces. The international community and Human Rights organizations should focus on the fate of journalism in Indian held Kashmir.Violation of Human Rights is common as unidentified gunmen abduct, humiliate and beat up journalists for performing their duty honestly. The reporters, photojournalists and their family members are arrested under the emergency public security law. The police refuses to release them despite logical protests made by the public. The conflict is escalating and even going to be out of control.Violation of basic rights of journalists is the root cause of many problems. When journalists are denied to reveal the truth to the public it becomes the cause of social unrest in the society. Journalists demand that their basic needs to be met without any foul play. Newspapers are largely dependent on politically controlled advertisements. These newspapers are blackmailed as their payments are withheld for publishing “objectionable material”.It is very difficult for genuine journalists to perform their duty in Held Kashmir. To ensure safety and security of journalists to perform their duties freely seems to be impossible in present circumstances. Moreover, threats to human rights defenders are common. Even the organizations seeking justice for journalists are considered dangerous and hushed up to talk of human rights in Kashmir.The journalists seek life saving methods while reaching the place of accident or clash between the Indian forces and the freedom fighters. The fear of death haunts them while covering the important events. In the unpredictable scenario, the future of journalism seems to be bleak in Kashmir unless occupied forces leave this beautiful valley.The journalists are the torchbearers for press freedom. They know peace cannot be achieved by brutal use of force. It can be achieved through justice and fair play for all.

27th October to be observed as "YOUM-E-SIYAH"(Black Day) : Syed Ali Geelani

India’s 'strong-arm tactics' had failed to subdue the 'freedom struggle' of Kashmiris, Hurriyat Conference chairman, Syed Ali Geelani, Monday said policy makers in New Delhi should do 'a post-mortem of their country’s failed Kashmir policy'.

Geelani said for the past over six decades, Kashmiris have continued their "struggle against Indian occupation despite all odds even as Indian forces have killed lakhs of Kashmiris during this time.”

“India has failed to subdue Kashmiris through force, and the time has come for policy makers in New Delhi to do a post-mortem of their Kashmir policy to see whether they have achieved anything in Kashmir,” he said.

“Have they succeeded in changing the hearts of Kashmiris, or strengthening their constituency here? The truth is that nothing of this sort has happened and, in fact, the freedom sentiment of the new generation has only gotten stronger by Delhi’s iron-fist policy,” Geelani said in a statement.

“Actually, the freedom sentiment is a natural sentiment, which cannot be suppressed, and the sooner India realizes this reality the better it is for the crores of people living in the sub-continent,” he added.

Geelani said Jammu and Kashmir is the world’s most militarized zone and the presence of armed forces in civil areas is a cause of huge inconvenience for locals.

Terming October 27, 1947, as the “blackest day” in history of Kashmir, Geelani reiterated his appeal to Kashmiris living in Pakistan administered Kashmir, Pakistan, Britain, and other countries to stage peaceful rallies and protests against “Indian occupation” of Kashmir and draw world attention towards the “threats to lives and properties of Kashmiris posed by the ten-lakh presence of Indian armed forces.”

He said Jammu and Kashmir was an independent and sovereign state until 1947 , and was bound to become a part of Pakistan as per the conditions of partition of the sub-continent. “ But India in a brazen display of aggressiveness landed its troops on October 27,1947, and occupied the region against the wishes of people,” he said.

Geelani said Kashmiris had been continuously “fighting against this illegal occupation but India has held on due to its military power.”

He said the Indian leaders had backtracked from the promises made to Kashmiris and also refused to implement the UN resolution granting Kashmiris their right to self determination.

He said human rights violations would continue to take place as long as Indian forces are present in Kashmir. “Therefore, people should observe a complete shutdown on October 27 in favour of complete demilitrisation of Jammu and Kashmir,” he said.