An Islamic Scholar, hard-core religious and pro Azadi ideologue, Dr. Mohammad Qasim Faktoo has been behind the bars for the past 20 years.
The J&K High Court in 2012 dismissed the petition of Muslim League patron Dr Mohd Qasim Faktoo seeking directions for his release stating that life imprisonment means that one has to remain behind bars till his death.
A bench of Justice Mansoor Ahmad Mir had earlier reserved the judgment and finally on Friday the court came with its decision saying “life imprisonment means full life”.
Advocate Mian Abdul Qayoom and senior Additional Advocate General AM Magray represented Faktoo and the state respectively.
His thoughts in his own writting
“I was shifted to torture centre at Talab Tiloo Jammu. Indian intelligence agencies approached me. They possessed a copy of my latest publication, Maslai Kashmir ki Sharaie Hai-syat (Kashmir imbroglio in the light of Musiim law).
I was offered a barter in plain terms: join the apparatus of electoral politics, the case will be withdrawn. They (IB men) even offered me the education portfolio. “Since you are a highly educated man, the ministry of education befits you” they told me.
They also said that they had already reached an understanding with four All Parties Hurriyat Conference leaders. “The dispute is on the quota of seats. They (Hurriyat) are demanding 35 seats and we are offering 15″, they said. Two amongst these leaders (who are alive) did not contest elections. One was gunned down by unidentified militants. Only one of them joined the election race to forfeit his security deposit. My interaction with them continued for nearly 10 days. They found me impersonal for the bait and left with a warning YOU WILL ROT IN THE JAIL FOR LIFE.” (honour magazine Nov 2009 issue)
Dr. Muhammad Qasim: A mission, A vision
HE IS DYING BEHIND THE BARS, DOES ANYONE CARE ???
Prisoner of State
Dr. Muhammad Qasim is set to complete 20 years of imprisonment in the month of June 2012. he was arrested in Feb 1993 for holding political views that are unacceptable to the establishment, he was released on bail by the TADA court Jammu in March 1999 and was rearrested in the same case in Feb 2000 on his return from UK after attending Kashmir conference there.
Dr. Muhammad Qasim’s Health condition in prison:
He has lost more than half his eye sight (-4.75 D) as he is regularly loosing his vision he has been advised Lasik by the doctors. He has been advised surgery by the orthopedist for his L4-L5 disc. He is regularly taking medicine for erosive duodenitis, chronic gastritis and intestinal ailment .Jail authorities never showed any concern for his ailments with the result his health is deteriorating with every passing day.
JUDICIAL COURSE AND GOVERNMEnT’S HARSH APPROACH:
Dr. Muhammad Qasim was acquitted by the TADA court Jammu in July 2001.Government of India instead of releasing him booked him under the so called public safety act (PSA) and challenged his acquittal before the supreme court of India and the supreme court of India sentenced him along with two other persons for life.
Dr. Muhammad Qasim completed 14 years (mandatory period of life imprisonment) in Feb. 2008, accordingly state Review board recommended his release but politically biased government rejected review boards recommendations. It is the lone case in the history of lifers in Jammu and Kashmir where recommendations of the review board for the release of a lifer were rejected by the home department.
JK High court (SB) asked government you reconsider the review boards recommendations for Dr. Muhammad Qasim’s release with in 90 days in June 2010.Governmnet of India yet again showed her ruthless attitude and challenged the said order before the double bench of the JK high court. JK high court while setting aside the SB order adding that his case can be considered only after 20 years , made an important observation as under: 31:Irrespective of the provisions i.e. section 401 and 402 of the state code of criminal procedure, which corresponds to section 432 and 433 of the central code. The power of the executive is absolute and unfettered to remit sentence.(LPA No:120/2010)
Government of India did not give any head to this observation this , Dr. Muhammad Qasim remains in prison. You can do a lot!
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