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Govt books stone pelters for waging war against country
Young men throwing stones in valley can face life term, even death penalty
Sansardeep S. Wanjara 

SRINAGAR: It just takes a judge who is not asleep on the job to find out the truth and to expose the intentions of a state that is hell bent on taking away all civil rights of its citizenry with the sleight of a hand. In Kashmir, a judge remanded young boys to15 days of remand, but only after exposing the speciousness of the case against them.

Here were a bunch of young children, many of them school going, who were brought to the court by the police for charges so serious that the Indian government is almost on the verge of deciding that it could amount to waging a war against the state. These children had committed a crime no serious than, as the police claims, throwing stones at the police which was chasing them, caning them, throwing teargas shells at them and prohibiting them from protesting at one place. As for the kids, they deny they were even doing that.

The world will be aghast to know, if only the Indian media finds the time to tell the world by taking a leave of bollywood stars, that the Jammu-Kashmir government has decided to arrest stone-pelters for ‘waging war against the state’, a crime punishable with death or life in jail.

The young kids who were brought to the court have been slapped with the Public Safety Act. The young ones credited with waging war against the state are all between 15 and 18 years old. Soon, the state may also decide to reward the police officials for averting such a serious attack against the Indian establishment. After all, the stone could have demolished out of existence South Asia’s nuclear bully!

Now, the Indian Express newspaper has reported that the government was ready with PSAs against “20 more such youths”.  For the 16 youths produced before a Srinagar Court last Monday, police got their remand for eight days, granted by Judge Masarat Jabeen. The boys, the investigating officer told the court, were directly involved in pelting stones at police and security forces. However, counsel for the accused Rafique Joo said the youths were held in random raids across the city and were not involved in stone-pelting. He opposed booking of youth under Section 121 of CrPC.

Who is Zahoor Ahmad? Shouted Masrat Jabeen, sitting on a raised platform in the14x14 room with three rows of chairs. "Yes madam. Present madam", replied the chubby one, standing among 16 jostled youth.

"How did you know all the names of the arrested youth in advance?" Justice Jabeen asked the investigation officer of the police. "Through reliable sources," replied the investigation officer.

The young ones credited with waging war against the state are all between 15 and 18 years old. Soon, the state may also decide to reward the police officials for averting such a serious attack against the Indian establishment. After all, the stone could have demolished out of existence South Asia’s nuclear bully!

 

"How is it possible? I don't know anyone of these boys. Who are these reliable sources?" asked the judge. To which the investigation officer, looking at the floor, said: "They are active stone-throwers for the last five years."

There was sudden commotion in the court room, when Zahid, one of the accused, interjected, saying, "This is for the first time we are in the lock up," adding he was just 16-year-old and a school-goer, who was on the bike when the police arrested him.

The boy, wearing a pair of jeans and a jacket, started crying and was joined by others in the room, with the lawyer, Muhammad Rafiq Joo, requesting them to wipe out tears and be quiet. "Don't worry justice will be done," said Joo, adding, since Chief Minister Omar Abdullah told the media that a crackdown would be launched against the stone-pelters, the police were picking up anyone who came in the way.

This was much like arresting Sikh youth in Punjab in the late 1980s because there were three of them riding on a motorbike and therefore the evident conclusion: they all must be terrorists. If they tried speeding away, they could be legitimately shot dead. And in that case, a couple of illegal guns used to be planted on their bodies and they would be passed off next day as Babbar Khalsa’s dreaded terrorists.

In the Kashmiri court room, the boys -- in the age group of 15 to 22 and brought to the court in heavy chains -are facing charges like waging war against the state and insulting the national honour. The punishment includes life imprisonment.

The boys have been arrested from downtown Srinagar and were presented before the court by the Nowhatta police station.

Lawyer Joo contested that the police couldn't impose `waging a war against the nation' unless a magistrate had done an investigation.

While the weeping boys in chains left the court room in a row, their relatives shook hands with them. The boys kept pleading their innocence: "We were not involved. They did let go the stone-pelters and arrested us," they said.

While a policeman shouted back: "They have snatched our peace."

J&K first started booking stone-pelters under the Public Safety Act during the 2008 Amarnath land row agitation. The first person to be booked was Nayeem Ahmad of Rainawari, Srinagar. Though he was released shortly after, Ahmad was again picked up in June last year during protests over the death of two women in Shopian.

17 February 2010
 

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