New Delhi, Dec 31: Former Chief Minister of Jammu and Kashmir, Mehbooba Mufti has written a letter to the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chadrachud, about the prevailing situation in the country, especially in J&K, while referring to CJI’s recent observations on the inability of the lower judiciary to grant bail in ordinary cases.
The former CM of J&K, Mehbooba Mufti, in her letter addressed to the CJI, said that she has written this letter, with a deep sense of concern and worry about the prevailing situation in the country, especially J&K.
“Your (CJI’s) recent observations on the inability of lower judiciary to grant bail in ordinary cases in a functioning democracy as ours should have been adopted as a directive rather than just being consigned to a single column story churned out in newspapers. The fundamental rights enshrined in the Indian constitution & guaranteed to all Indian citizens are being brazenly impinged upon,” the 63-year-old Peoples Democratic Party (PDP) President, wrote in her letter.
Mufti also wrote, in her letter, that unfortunately it is these basic rights that have now become luxuries and entitlements bestowed upon only those select citizens who toe the Government’s line on political, social & religious matters.
The letter also said more worryingly, to those who actively contribute and not obstruct GOIs idea of an India, where its strengths of diversity, religious pluralism and tolerance must be weeded out and crushed to lay the foundations of a one religion nation where minorities are relegated to the social, political & economic fringes.
“As far as J&K is concerned, the grip of GOIs iron fisted policy is being justified in the name of national security & interest. Since 2019, the fundamental rights of every resident of J&K have been suspended arbitrarily & the constitutional guarantees given at the time of J&Ks accession were suddenly and unconstitutionally abrogated,” she wrote in her letter addressed to the CJI.
She went on to wrote that in any civilised society, upholding the truth is the norm but in J&K, the freedom of expression and speech to state the obvious has become the biggest casualty.
“Draconian anti terror laws like; UAPA are slapped ruthlessly on flimsy & trivial grounds. All government agencies be it ED, NIA or CBI are used to hound businessmen, political leaders & even youngsters. Hundreds of our youngsters are languishing in jails outside J&K as undertrials. Their condition is exacerbated since they belong to poor families who lack the wherewithal to get legal aid and in such circumstances, the least & humane decision this government could take is to shift them to J&K,” the letter said.
“All this is happening at a time when the trust deficit and growing alienation has only widened since 2019. Passports being a fundamental right are impounded with full impunity,” she said.
Expressing her displeasure over the way the journalists are being treated, she wrote that journalists are being jailed and even prevented from flying out of country.
“Even a Pulitzer award winning young photojournalist was denied her right to fly abroad to receive the award. Journalists like Fahad Shah & Sajad Gul have been jailed under UAPA & PSA since over a year now for simply shining light on excesses committed by the Indian Government,” Mufti wrote in her letter, addressed to the CJI.
The only member of hope in these bleak circumstances is the judiciary which only can right these wrongs” she, wrote, “however, it saddens me to say that so far our experience with the judiciary has not inspired much confidence” she added.
