J&K Polls: Resurgent Jamaat-i-Islami Poses Stiff Challenge to Left in Its Only Bastion in Kashmir

The simple demeanour, rigorous work ethic and honest image of Jamaat-backed candidate Sayar Reshi have earned him respect in Kulgam over the years. But it is too early to assess whether this respect will convert into votes on election day.

Kulgam (J&K): On October 29, 2015, a heated argument broke out between two groups of agitated youngsters in the Bugam village of south Kashmir over who was the rightful custodian of the body of a top Pakistani militant killed by Indian security forces.

Abu Qasim, a senior Lashkar-e-Toiba commander and resident of Bahawalpur, was one of the longest-surviving Pakistani militants in Kashmir. He spent most of his time in the villages of Pulwama, but was trapped and killed in Khandipora of the adjoining Kulgam district earlier that day.

As a small procession marched with Qasim’s body from the district police lines in Kulgam to the main town, it swelled into a large crowd. Along the way, some agitated mourners clashed with security forces at many places. There were injuries on both sides.

To settle the dispute between Khandipora and Pulwama over the ownership of Qasim’s body, the procession halted in Bugam, a bastion of the socio-politico-religious outfit Jamaat-i-Islami, which was banned by the Union government in 2019.

Taking advantage of the procession being in their home turf, Bugam unanimously decided that it was better to nip the evil in the bud by burying Qasim in the village itself. The villagers found support in the crowd, many of whom had come from far-off places.

As night fell, attempts to exhume and steal Qasim’s body from the grave were foiled.

With Jammu and Kashmir choosing its lawmakers for the first time in a decade, electoral politics is making a silent and surreal comeback in pockets of south Kashmir villages where voting was seen as a betrayal of the cause that has kept Kashmir in a simmering cauldron for more than three decades.

In the Kulgam assembly seat of south Kashmir, the appearance of the Jamaat – which was once the ideological fountainhead of the Hizbul Muhajideen militant outfit – on the electoral turf could pose a significant challenge to the Left’s only political bastion in J&K.

According to political analysts, the village of Bugam and other hotbeds of the Jamaat in south Kashmir such as Buchroo, Tarigam, Sangas, Shuch, Wokai, Arie-Mohamadpora, Chansar, Matrigam, Khandaypora, Ashmuji, Bhan, Damduli and other adjoining villages could throw a spanner in the works of CPI(M) leader M.Y. Tarigami, who is facing deepening anti-incumbency in the constituency.

These villages have traditionally stayed away from “Indian elections” after armed insurgency erupted in Kashmir in the early 1990s, but the decision of a Jamaat panel to contest the upcoming election, even as the outfit’s leadership remains behind bars, could mean the end of the Left’s uninterrupted stint of power in Kulgam.

The south Kashmir constituency sits at one of the centres of the ideological clash that has claimed thousands of innocent lives in Kashmir in the past more than three decades.

A banner at a village in Kulgam with the CPI(M) flag and an appeal to voters. Photo: Jehangir Ali.

Jamaat stronghold

Following the broad-daylight assassination of Abdul Razak Mir of Buchroo village – a senior Jamaat figure and former member of its top decision making body, the Majlis-e-Shura, who was elected to the assembly twice from Kulgam constituency – Tarigami has pocketed this south Kashmir constituency in every assembly election held in J&K since the eruption of militancy.

Mir, known for his philanthropic work, was killed in 1995 by the government-sponsored militia Ikhwan.

In the 2014 election, the Left leader barely managed to sail ashore, winning a thin margin of 334 votes over Nazir Ahmad Laway of the Peoples’ Democratic Party (PDP), who came second.

In the 2008 polls, Tarigami’s lead of 236 votes was even thinner at the end of the counting day with the last-minute addition of migrant votes.

But the new electoral arithmetic could give Tarigami the jitters.

The National Conference (NC) conceded the seat to the CPI(M) as part of a seat-sharing arrangement with the INDIA bloc in J&K, reportedly after Farooq Abdullah’s intervention, even though NC candidate Imran Nabi Dar – whose father and NC leader Ghulam Nabi Dar was assassinated in a grenade attack by militants in 2006 – had prepared to throw his hat in the electoral ring for the first time.

The elder Dar won Kulgam twice, in the assembly elections of 1977 and 1983, and the decision to deny the mandate to his son has riled many NC workers who can turn the tide against Tarigami.

“From the last four years, Imran saheb has been working hard to win the constituency back for his party, but he has been stabbed in the back,” said an angry NC worker who declined to be identified.

On the other hand, the PDP, led by Mehbooba Mufti, has been reeling under an existential crisis.

Like in its other strongholds, the party has struggled to keep its flock together in Kulgam, which has 117,322 registered voters who will exercise their franchise at more than 130 polling centres in the first phase of the assembly election on September 18.

In many places in Kulgam, residents recall Mehbooba’s poor handling of the post-Burhan Wani unrest in areas of south Kashmir with horror. A weakened Laway sensed the anger on the ground against his party over its ‘unholy alliance’ with the BJP and was expelled from the PDP, following which he switched over to the Peoples’ Conference led by Sajad Lone.

The PDP has, meanwhile, fielded Mohammad Amin Dar, Tarigami’s old associate, in place of Laway.

Also read: The NC and the Congress’s Hubris Has Put Them – and All of Kashmir – in a Risky Place

New electoral map

Spread on the banks of the Vishow tributary in south Kashmir, which merges into the Jhelum river at Sangam, Anantnag assembly constituency’s electoral map was redrawn by the 2022 delimitation commission with the addition of some villages of the Yaripora and Kulgam tehsils, which were earlier part of the Homeshalibugh constituency.

After the delimitation exercise, the villages of Malwan, Banimulla, Nihama, Bogand, Daniv and Makinpora, which are widely believed to be Tarigami’s strongholds, were merged with Damhal-Hanjipora (Noorabad) and Devsar constituencies, while the Jamaat hotbeds of Yaripora, Hum, Kokergund, Matibugh and Nunmai, which were with the Pahlu and Damhal-Hanjipora tehsils, were merged with the redrawn Kulgam constituency.

With the Jamaat entering the electoral fray, a new arithmetic seems to have emerged in this south Kashmir constituency, which could change the traditional boycott behaviour of voters.

Sayar Ahmed Reshi, who headed the Falah-e-Aam Trust, the Jamaat’s educational wing in the district, is contesting the election as an independent candidate. With a postgraduate degree in political science, Reshi has emerged as a strong contender in the bastion of four-time MLA Tarigami.

A resident of Kaharwat in Kulgam, Reshi taught at a government-run college on a contract and some tuition centres in Kulgam. His simple demeanour, rigorous work ethic and honest image have earned him respect in Kulgam over the years.

But it is too early to assess whether this respect will convert into votes on election day.

The houses of Reshi and 95-year-old former Jamaat chief Sheikh Ghulam Hassan were raided by the National Investigation Agency in a terror funding case on several occasions in the past five years.

Reshi’s apple orchard, the major source of livelihood for his family, was seized by the government.

But he has also come to exemplify the paradoxes in Kashmir’s politics.

Sayar Ahmed Reshi (garlanded) stands by as a community elder in a Kulgam village urges voters to exercise their franchise in the upcoming election. Photo: Jehangir Ali.

Despite the seriousness of the charges, a security ring has been thrown around Reshi’s office in a rundown, under-construction building in Kulgam. A cavalcade of paramilitary forces in trucks and policemen in jeeps accompanies him on the election trail.

There is scandalous speculation that the BJP is using the Jamaat, which has backed four candidates in the upcoming election, to mainstream the idea of separatism to leverage its own presence. 

“It won’t make much of a difference,” an ailing Hassan, the former Jamaat chief, told The Wire at his residence in Kulgam’s Tarigam village in response to a question on the Jamaat’s decision to enter the electoral contest.

However, some former and serving Jamaat members, who are in favour of the election, don’t agree with Hassan.

Ubaid Mir, grandson of former Jamaat leader Abdul Razak Mir, is one of them.

A social activist with political ambitions, Ubaid said that the Jamaat was never against the idea of democracy.

“Boycott politics has enabled corrupt people … who never worked for the welfare of people [to enter the assembly]. A vote is a power in the hands of ordinary people and they should use it judiciously,” Ubaid told The Wire at his residence in Buchroo village.

Asked about the Jamaat’s speculated links with the saffron party, Reshi said that the outfit had boycotted elections as a protest against the rigging of the 1987 assembly polls, something that is widely blamed on the NC.

“We got encouraged by the fairness of the Lok Sabha election in J&K. The era of political terrorism is over. Our opponents are using labels to defame us, but our people are mature enough to see through these lies,” Reshi said.

Raided by the National Investigation Agency, the office of Jamaat candidate Sayar Ahmed Reshi has got 24×7 security cover. Photo: Jehangir Ali.

On the campaign trail, a small group of supporters, curious youngsters and village elders assembled in a village square in Matrigam to listen to Reshi. Some young women watched the small gathering behind closed windows and others peeked from the corners of the narrow alleys.

Grabbing a microphone, Mohammad Shafi, a community elder, urged people to vote for Reshi on September 18.

“We won’t be like our recent rulers who built palaces for themselves while the commoners suffered. A revolution has come and we urge you to become a part of it. The Jamaat’s members were told that they don’t have the right to hold their heads high. We were silenced and labeled as terrorists. But Allah has found a way for us,” he said, peppering his speech with Quranic verses.

In the distance, two young workers pasted Reshi’s posters featuring his election symbol, a laptop, on the walls of some shops in the village.

“I have voted for both the CPI(M) and the NC. But I am fed up with voting for the same people again and again. I want to see change, which is why I will vote for Sayar [Reshi] this time,” said an elderly man who claimed to be a Jamaat sympathiser.

A political analyst acknowledged Tarigami would face stiff competition from his arch-rivals. “If the entire Jamaat cadre chooses to break their tradition of boycotting the polls and participates in voting, the Left leader could struggle to keep his seat,” the analyst said.

However, he pointed out that within the cadre, this decision is thought to lack official endorsement from the jailed leadership. The Jamaat cadre believes that the decision has come from a small, moderate faction within the party.

“This uncertainty within the Jamaat’s ranks could give Tarigami an advantage,” he said.

Top Kashmiri Leaders Under House Arrest, Barred from Protest Against Delimitation Commission

The People’s Alliance for Gupkar Declaration had proposed to hold a protest in Srinagar against the proposal of the Delimitation Commission of increasing six seats in the Jammu division and one in Kashmir.

New Delhi: Three former chief ministers of Jammu and Kashmir among other political leaders have been put under house arrest since Saturday, December 31, 2021, to prevent them from carrying out their proposed protest against the recommendations of the Delimitation Commission.

Security trucks with a number of policemen have been deployed outside prominent political leaders’ houses, including Farooq Abdullah, Omar Abdullah and Mehbooba Mufti, since Saturday to bar the entry and exit of people.

Taking to Twitter, Omar Abdullah said:

The PAGD (People’s Alliance for Gupkar Declaration) had proposed to hold a peaceful demonstration in Srinagar on Saturday against the proposal of the Delimitation Commission of increasing six seats in the Jammu division and one in Kashmir. With this, the number of seats in Jammu would have gone up to 43 and Kashmir to 47. This many believe goes against the population ratio of both provinces of the former state.

Also read: Here’s Why Neither Kashmir Nor Jammu Is Happy With Delimitation Commission’s Draft Report

The opposition has been alleging that the commission’s recommendations amount to nothing short of a “brazen display of gerrymandering”, as it runs contrary to the conception of the adult franchise of ‘one person, one vote’. However, the commission has been claiming that population, other considerations like administrative units, area and proximity to the border have been factored in while distributing seats.

Responding to detentions, Farooq Abdullah, who heads the PAGD, claimed, “Talk about a lawless police state, the police have even locked the internal gate connecting my father’s home to my sister’s. Yet our leaders have the cheek to tell the world that India is the largest democracy, hah!!”

Senior CPI (M) leader M.Y. Tarigami, who is the spokesperson of the alliance, said it was sad that the Jammu and Kashmir administration was “scared even to allow a peaceful protest”.

“This is where the situation gets worse when people are not even allowed to express their opinion before the public,” he added.

Former chief minister Mehbooba Mufti had also been placed under detention. “A truck is parked outside my house too,” she added.

Scores of activists of the National Conference (NC) and the Peoples Democratic Party (PDP) took out separate protest marches in Srinagar on Saturday after authorities allegedly detained top leaders of the parties ahead of a proposed sit-in against the draft proposals of the Delimitation Commission.

Congress’s Jammu and Kashmir chief Ghulam Ahmad Mir on Saturday said the “house arrest” of National Conference president Farooq Abdullah was “unethical and undemocratic”.

“Keeping under house arrest prominent leader like Dr. Farooq Abdullah ahead of proposed sit-in protest against Delimitation Commission draft is a sham, unethical and against the basic foundation of the Indian democracy which stands guarantee to freedom of speech and freedom of expression to every citizen,” Mir said in a statement.

(With PTI inputs)

CPI(M) Leader’s Fresh 370 Petition Shows BJP’s Efforts to End J&K Deadlock Aren’t Working

Tarigami’s petition to the Supreme Court asks for the annulment of the Jammu and Kashmir Reorganisation Act as well as two related Presidential Orders.

Srinagar: The BJP’s efforts to end the political deadlock in J&K have begun to unravel with CPI (M) leader M.Y. Tarigami on Friday approaching the Supreme Court with a fresh petition challenging the “illegal” reading down of Article 370.

Citing Article 32 of the Constitution of India which deals with the violation of the citizens’ fundamental rights, Tarigami, who has been a vocal critic of the BJP’s Union government, has appealed the apex court to expedite the hearing of his previous petition seeking the restoration of Article 370.

The apex court has admitted around two dozen writ petitions from political parties, social activists and others who have challenged the legality of the Centre’s decision to read down Article 370.

In his latest petition, Tarigami, who is also the spokesperson of the Gupkar alliance, a conglomerate of regional parties backing the restoration of Article 370, has alluded that there was a threat to his life and that a delay in hearing the petition he had filed in 2019 may cause him “irreparable loss” or “injury”.

The petition asks the apex court to annul the J&K Reorganisation Act which bifurcated and downgraded the erstwhile state of Jammu and Kashmir into two union territories. It also urges the court to declare Presidential Orders GSR 551 (E) (CO 273) and GSR 562 (E) (CO 273) as “unconstitutional, void, and inoperative.”

Presidential orders and Article 35(A)  

CO 273 or Constitution (Application to Jammu and Kashmir) Order, 2019 GSR 551 (E) was issued by President Ram Nath Kovind on August 5, 2019, the day when the Centre scrapped J&K’s special status.

CO 273 states that all the provisions of the Constitution of India shall apply to Jammu and Kashmir, replacing the Constitution (Application to Jammu and Kashmir) Order, 1954, which also introduced Article 35-A into the Constitution of India.

Article 35-A empowered the J&K assembly to define the state subjects of Jammu and Kashmir while granting them exclusive rights over land, property and government jobs.

In his petition, Tarigami’s counsel argues that as per law, the recommendation of the J&K assembly is necessary to extend any provision of the Indian constitution to J&K or to make any other changes to Article 370.

As the J&K assembly was dissolved after the collapse of PDP-BJP coalition, the August 5 order introduced new clauses under Article 367 which allowed the Centre to make Article 370 inoperative merely by obtaining J&K governor’s – or in other words, its own – consent, the petition argues.

It states that since August 5, 2019, the central government has taken “irreversible actions” which have violated the “fundamental rights” of the people of Jammu and Kashmir under Articles 14 and 21 of the Constitution of India.

Also read: Global Spotlight on Harassment of J&K Journalists Grows With UN Experts’ Latest Letter

Centre’s “illegal” moves

Tarigami’s petition cites the “illegal” constitution of the Delimitation Commission, which has been tasked by the central government to increase the number of assembly seats from the present 87 to 94 before assembly elections are held in J&K.

The commission has fuelled fears in Kashmir that the BJP was orchestrating changes in the unique demographic character of the country’s only Muslim majority state.

Moreover, under Section 96 of the Jammu and Kashmir Reorganisation Act, at least 37 central laws are now applicable to J&K while several laws, including J&K’s progressive legislations for farmers and land use, have been scrapped.

Tarigami’s counsel mentions the shuttering of several semi-constitutional bodies, such as J&K’s State Human Rights Commission, State Women’s Commission and State Accountability Commission for “expediting” the hearing in his petition.

These commissions, which were the last resort for the victims of excesses by state and non-state actors, have become redundant after central laws were extended to J&K.

“If the matters are not heard immediately, grave injustice will be caused to the Applicant … [who] will be put to irreparable loss, injury and hardships” the petition states.

Political logjam

Tarigami filed the petition on a day when the People Democratic Party (PDP) revealed that its chief, Mehbooba Mufti, had been put on notice by the J&K administration led by Lieutenant Governor Manoj Sinha.

Mufti had presided over a youth workers’ meeting in southern Kashmir’s Shopian on August 19 which had been attended by around 250 youth workers, according to PDP spokesman Suhail Bukhari.

The Shopian administration has accused Mufti of calling the convention in “violation of COVID-appropriate behaviour” since mass gatherings remain banned in J&K to prevent the spread of COVID-19.

“It is strange and baffling that on the very same day, Honourable LG presided over a function attended by hundreds of people and that too indoors. If Covid-19 is indeed why this workers’ meet was flagged in the first place, then why wasn’t the same yardstick applied to honourable LG’s programme,” Mufti asked in her response.

“Your actions reek of bias and political space for those who disagree with the ruling party is deliberately being choked,” the PDP chief asked the administration which has threatened to book her under Disaster Management Act and Indian Penal Code.

The Centre has failed to achieve a political breakthrough in J&K with the regional parties such as the National Conference and the PDP continuing to seek the restoration of J&K’s special status.

The National Conference (NC) also asked the Centre on Friday to reverse its “unilateral move” of reading down Article 370 to avoid a spillover of the Afghanistan crisis into Jammu and Kashmir.

Also read: Full Text: Rana Banerji on How Pakistan Propped Up, Funded and Sustained the Taliban

In a briefing by the Ministry of External Affairs on Afghanistan, NC Member of Parliament from Anantnag, Hasnain Masoodi, sought the restoration of Article 370.

“To ensure that the anticipated spillover doesn’t play out in a manner that affects peace and stability in the region, the government must restore its August 4, 2019 position to ease out the situation and generate goodwill among the populace of J&K,” he said.

ED Attaches Rs 11.86-Crore Assets of Farooq Abdullah; ‘No Justification,’ Says Omar

Omar has called the ED’s allegation “baseless” and wondered how an ancestral property could be seen as proceeds of “crime”.

New Delhi: The Enforcement Directorate has attached assets worth Rs 11.86 crore of former Jammu and Kashmir chief minister Farooq Abdullah and others in connection with its money laundering probe linked to alleged financial irregularities in the Jammu and Kashmir Cricket Association, PTI quoted official sources as having said on Saturday.

They said the agency has issued a provisional attachment order under the Prevention of Money Laundering Act and the attached properties are located in Jammu and Srinagar.

“While the book value of these attached properties is Rs 11.86 crore, their market value is about Rs 60-70 crore,” ED sources told PTI.

Two immovable assets are residential, one is a commercial property while three other plots of land have also been attached by the Enforcement Directorate, they said.

Abdullah’s son Omar has called the ED’s allegation “baseless” and wondered how an ancestral property could be seen as proceeds of “crime”.

He said that his father came to know about the attachment of his properties in the ongoing investigation into the JKCA matter through media.

“Not surprisingly the media was tipped off regarding the seizure before he had received any official notice or documentation,” he said.

The 83-year-old NC patron “is in touch with his lawyers and will fight all these baseless charges in the one place that matters – a court of law”.

Senior CPI(M) leader and former legislator M.Y. Tarigami said the ED’s move is part of vindictive politics practiced by the central government to kill dissent and disagreement across the country.

(With PTI inputs)

CPI(M) Leader Tarigami Moves SC Challenging Order Allowing Non-Locals To Buy Land in J&K

The application sought the apex court’s intervention and a stay on the October 26 order affecting a new land policy until the petitions challenging the changes to the region’s constitutional status are heard.

New Delhi: Veteran CPI (Marxist) [CPI(M)] leader Mohammed Yusuf Tarigami has approached the Supreme Court challenging the Union home ministry order which allows people from across the country to buy land in Jammu and Kashmir, including that meant for agricultural purposes.

According to LiveLaw, the application was moved in the writ petition which challenges the changes made to Jammu and Kasmir’s constitutional status by the Centre on August 5, 2019. The application sought the apex court’s intervention and a stay on the October 26 order affecting a new land policy until the petition is heard.

The petition moved under Article 32 (violation of fundamental rights) submitted that the October notification “is illegal” as it is issued in pursuance to the August 2019 reorganisation of Jammu and Kashmir which has been challenged by several people and that the top court is aware of the matter.

News agency PTI reported that the application states that the home ministry has amended sections of the Jammu and Kashmir Land Revenue Act, 1996 which pertains to management of agricultural land and the JK Development Act, 1970 which deals with zonal development plans determining land use for buildings, roads housing recreation, industry, business, markets, schools, hospitals and public and private open spaces.

Pointing out the amendments in the Act, the petition said that while the fresh laws prohibits the sale of agricultural land to a non-agriculturist, but it “authorises the government or an officer appointed by it to grant permission to an agriculturist to alienate the land to a non-agriculturist by way of sale, gift, exchange or mortgage or for such agreement on such conditions as may be prescribed”.

Tarigami pleaded that the change of land use can’t be left at the “caprice of bureaucracy more so at the lower rung of district collectors” and said the checks and balances available in the repealed laws need reintroducing in them.

The four-time MLA from Kulgam pleaded that these amendments will “seriously change the land use pattern and will destroy the food security of Jammu and Kashmir”.

He said the laws of the erstwhile state government on land were aimed at protecting the large swathes of farm land that provided life blood to the people of Jammu and Kashmir, from commercialisation.

“This crucial aspect has not been considered by the respondents (the home ministry) while issuing the notification,” the petition said.

In an 111-page notification in Hindi and English, the home ministry made several changes to the land laws, including the most important amendment in the Jammu and Kashmir Development Act that deals with disposal of land with the Centre omitting the phrase “permanent resident of the state” from Section 17 of the law.

According to LiveLaw, Tarigami’s submission says that the Instrument of Accession empowers the Central government to prefer orders relating to defence, external affairs, communications and other ancillary matters. However, matters relating to land use, transfer thereof and the broader matters relating to revenue were well within the powers of the state until the August 5, 2019 changes.

Before the dilution of Article 370 and Article 35-A in August last year, non-residents could not buy any immovable property in Jammu and Kashmir. The latest changes have paved the way for non-residents to buy land in the union territory.

It, therefore, contends that the October 26 order of the home ministry is illegal as it has been issued in pursuance to powers accorded to the Centre under a statute which itself is “unconstitutional, void and unsustainable and therefore liable to be struck down”.

The application concludes:

“If the decommissioning or deoperationalising of the Articles 370 and 35A are unconstitutional, it is submitted that the amendments and changes sought to be made vide notification dated 26.10.2020 are also unconstitutional as the Central Government derives power…from Section 96 of the J&K Reorganisation Act that was enacted subsequent to the issuance of Presidential Orders dated 05.08.2019 and 06.08.2019 whereby Articles 370 and 35A were decommissioned”.

The notification evoked angry reactions from mainstream political parties in Jammu and Kashmir, which termed the move an attempt by the Centre to “put Jammu and Kashmir up for sale”.

(With PTI inputs)