Memorandum Indian consulate Texas USA
Texas USA: Yasin Malik- a Prisoner of Conscience- illegally incarcerated and falsely charged, by the fascist Modi Gov’t India. Who is Yasin Malik?
Fifty eight year old Yasin Malik is the internationally acknowledged pro-independent Kashmiri leader. He was arrested Under India’s security laws-Public Safety Act PSA and Unlawful Activities Prevention Act UAPA on 22 February 2019 from his Maisuma residence in Srinagar, in Indian occupied part of Kashmir -officially called Jammu and Kashmir-J&K. He has been kept in solitary confinement at India’s notorious Tihar jail in Delhi since May 2019. His incarceration is not only illegal, but the charges levelled against him, are also false, malicious and politically motivated, intended to silence him physically.
Since Yasin Malik’s arrest in 2019, India’s National Investigation Authority NIA, has been tasked under UAPA to fabricate cases against him on terror funding and promotion of violent activities, which is fictitious and absolutely untrue, while three decades old cases were also reopened, despite undertakings given by India that they would be dropped. It seems that Modi Gov’t’s sinister plan is now in place to silence the most effective and credible political voice in Kashmir, for a unilateral show trial of a leader who’s been fully committed to a peaceful solution of the long standing conflict on the status of the disputed State of J&K for almost the past three decades.
In August 1990 as commander in chief of the JKLF Yasin Malik was arrested and held in various Indian jails including Tihar. During the four year incarceration period, various Indian and international persons of high importance from different professions and walks of life, including Indian Gov’t ministers, and US and UK officials, persuaded him to take the nonviolent Gandhian path in resistance, with the undertaking that cases registered against JKLF cadres and Yasin Malik, would be withdrawn, and political space would be given for a permanent resolution of the Kashmir issue.
Yasin Malik, without surrendering his ideology, transformed the resistance movement to the nonviolent Gandhian mode of struggle, and upon his release in May 1994 declared a unilateral ceasefire at a press conference in Srinagar. As a man with strong belief in Almighty Allah, and immense love for His Holy Prophet Muhammad PBUH, Yasin Malik has remained faithful to the undertaking he gave at the Srinagar press conference 28 years ago, to struggle peacefully for the independence of his motherland, and to regain sovereignty for all the 22 million people of J&K, who have been forcibly divided between India and Pakistan across CfL/ LoC since 1947.
Yasin Malik is the voice of his people, and his struggle is to defend his peoples’ fundamental rights, uphold his nation’s dignity, and to protect its over four millennia long history, which faces existential threat of being disintegrated, from the sinister policies of the fascism, and chauvinism, of Modi’s BJP/RSS Gov’t of India. Yasin Malik is the Chairman of the moderate and pro-independent Jammu Kashmir Liberation Front. Modi Gov’t has also banned the JKLF on 21 March 2019 under the UAPA. Yasin Malik through his peaceful struggle, seeks to reunite his forcibly divided motherland, and wants to achieve a democratic, secular, sovereign, and independent polity, which becomes a bridge of peace in the region, and not a bone of contention, between J&K’s powerful nuclear armed neighbours, India and Pakistan.
Yasin Malik, and his party therefore, are part of the solution on the political status of J&K. Fabricated and malicious charges levelled against him by the Modi Govt, are politically motivated to discredit his just struggle, and silence his pro peace, and people centric voice in Kashmir, simply to gain electoral advantage for the BJP/RSS nexus in India. Yasin Malik’s voice and politics of peace and non- violence appeals to the diverse communities of J&K, which the BJP/RSS Modi Gov’t considers a threat to its Hindutva ideology, which has been vigorously espoused by the BJP and the RSS in Kashmir particularly since 2014, the year of Modi’s ascendancy as the leader of India.
Yasin Malik is truly a prisoner of conscience held by the Modi Gov’t because the Kashmiri leader, a patriotic son of the soil, wants peace with justice, and freedom with dignity for his people. Modi’s BJP/RSS nexus therefore, must not be allowed to make Yasin Malik a sacrificial lamb at the altar of Modi Gov’t’s Hindutva project that poses an existential threat not only to the people of Kashmir but also to the tens of millions of religious and low caste minorities in India itself.
Yasin Malik stood up to Modi Gov’t’s communal bigotry in J&K, and unequivocally supported the return of the Pandit minority to Kashmir, which was evacuated by India’s military as part of official policy to create communal hype against the Kashmiris’ resistance during the 1990s.
Yasin Malik opposed Modi Gov’t’s suppression of political dissent, use of militarised violence, and replacing citizenship rights with new domicile rules and annexation and bifurcation, and even ending the semblance of autonomy in J&K with abrogation of Articles 370 and 35A in August 2019 in contravention of many UN resolutions that require India to hold a referendum under UN auspices to determine the final political status of J&K.
Unsurprisingly Yasin Malik was arrested before the 5 August 2019 decision by Modi Gov’t to annex and bifurcate J&K, and induct tens of thousands of extra Indian troops to re-occupy the territory, which India is supposed to administer as a trustee of the UN until the Plebiscite takes place, to decide its fate.
Since experiencing the callously vindictive policies of the Modi Gov’t being acted out by the subservient Indian judiciary in the courts, Yasin Malik has come to the conclusion that a sinister plan has already been hatched to punish him severely in any event, and the pliant and biased courts will only carry out the verdict already decided upon by the Modi Gov’t against him. He does not expect justice from India’s courts, and has decide to forego the advocacy of a lawyer or a legal team during his unilateral upcoming trial. It is a wakeup call also for the world wide human rights defenders to question the impunity with which fair trials are undermined with regards to India’s National Security for political prisoners like Yasin Malik who faces a serious threat to his wellbeing and indeed his life!
The silence of the international community deafening on India’s conduct in this matter. The US, the UK, and the liberal classes and civil societies of India and Pakistan, and their indifference is tantamount to justifying the injustice and extremist chauvinism of the Modi Gov’t and RSS, which advocates fascism and state terrorism. The Secretary General of the UN and the UNHCHR, UNHRC must take notice of the situation and call out India on the unilateral show trial on false and politically motivated charges against the prominent Kashmiri leader.