Who’s the boss: CM or security agencies?
Despite Omar, Mufti’s go ahead, judicial exam topper Altaf’s clearance stonewalled
The appointment of Altaf Ahmad Khan, who topped a judicial exam, was stonewalled by police and intelligence agencies despite the go ahead of two chief ministers.
Khan, a lawyer and peace activist from Srinagar, topped the District and Sessions Judge examination of the Jammu and Kashmir High Court in 2012, but his appointment was stalled as he was not given a clearance certificate by Police and intelligence agencies.Police arrested Khan in April 1998 after framing him on charges of possessing arms and ammunition but the High Court later gave him a clean chit, dropped all charges against him and quashed his detention order.
Though Khan was released in July 1999 after serving an illegal detention of 15 months, Police and intelligence agencies seem to hold a grudge against him by stalling his appointment.
Talking to us, Khan said, “I was acquitted by the court and that proves my innocence.”
Even the Investigating Officer in Khan’s case had admitted during cross-examination that he was arrested by mistake.
Khan said he was not released by a benefit of doubt but the prosecution itself had admitted that he was innocent and framed in a false case.
On February 4, 2013, the Supreme Court had directed the State government to take an independent decision in the matter following which the government framed a committee led by Chief Secretary to look into the matter.
Sources in the CM’s office said, when Chief Minister Mufti Muhammad Sayeed heard Khan’s case in March this year, he directed the officials including the then Chief Secretary Muhammad Iqbal Khanday and Principal Secretary to CM, Bharat Bushan Vyas to intervene in the matter and end the unprecedented delay in his appointment.
They said when Omar Abdullah was the CM, he too promised Khan that he would get his orders within a week.
The sources said that though both Mufti and Omar were sincere in getting Khan appointed, Police and intelligence agencies had played the spoilsport on both the occasions.
Constitutional expert and Head of the Department of Law at Central University of Kashmir, Sheikh Showkat Hussain, said, “If someone is declared innocent, there is no justification with the government to stall his appointment.”
Hussain said as per the International Covenant on Civil and Political Rights (ICCPR), a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, which came in force from March 23, 1976, the government should have in fact compensated him for detaining him for all these months despite being innocent.
“Everyone is innocent until declared guilty,” he said. “However, in Kashmir hundreds of people like Altaf have been punished by framing them in false cases.”
While pleading for his appointment in the Apex Court, Khan said, former Solicitor General of India and senior advocate Gopal Subramaniam insisted on pleading Khan’s case without any payment and told him that this would be his contribution to Kashmir.
Noted lawyer Zaffar Shah said if the government is not implementing the recommendations of the High Court and the Supreme Court it was contempt of court.
“He needs to question the fake charges due to which he is not being given the clearance,” Shah said. “The language of his writ petition needs to be examined and if the court has issued clearance to him, one has to see what the impediment is, whether there is a justification for the obstacle brought in his way.”
Khan, who has been working for peace building in Kashmir and South Asia, was selected as youth leader from India for Asia Pacific Youth Conference held at Siem Reap, Cambodia, was also offered to work in the International Movement for a Just World in Malaysia and was part of 43rd voyage of Peace Boat.
He attended several international and national peace initiatives and conferences and was among the first Kashmiri Muslims to start trust building measures with Kashmiri Pandits through a series of dialogue process.
Khan has also been conducting training programmes and workshops on ethics, leadership, gender justice, legal awareness, conflict resolution and transformation, confidence building among young people and communication.
However, instead of rewarding him for his efforts in promoting peace in the region, Police and intelligence agencies have been instrumental in ruining his career and are not even ready to take the blame.
Inspector General of Police, Kashmir, Syed Javaid Mujtaba Gillani told that he did not have anything to do with it.
“It’s the domain of the CID,” he said.
The government too has failed to fix the responsibilities.
After the directions of the Supreme Court, the previous government had framed a committee led by Chief Secretary to take a call on Khan’s appointment.
However, the committee had rejected his appointment.
After the PDP-led government assumed power, Chief Minister Mufti directed the officials led by the then Chief Secretary, Iqbal Khanday to take a lenient view in his appointment, yet Police and intelligence agencies did not give clearance to Khan’s appointment.
Chief Secretary B R Sharma said he did not know anything about the case.
“I am not aware of this case and it did not come to me since I took over as the Chief Secretary,” Sharma said.
Minister for Law, Justice and Parliamentary Affairs, Syed Basharat Bukhari too expressed ignorance over the status of Khan’s case.
“It has never come to me for opinion,” Bukhari said. “I’ve no idea about the file.”
On why PDP, which talks about reaching out to everyone, had failed Khan despite him being declared innocent by the court, PDP General Secretary and former MLA, Nizamuddin Bhat said the chief minister, soon after taking over the reins of the State, had asked the Chief Secretary to expedite a meeting for taking a view on Khan’s appointment.
“However, Police and Army did not clear him for the sensitive post,” Bhat said.
The PDP leader said now Khan has two courses available – either to make representation to the Chief Minister, who is also the Home Minister and Chairman of the Unified Headquarters that he had been exonerated by the court and not convicted but still was being punished by the government or go back to the Supreme Court and seek a fresh direction.
“There have been people in the Legislative Assembly on more sensitive posts than a District and Sessions Judge, there have even been ministers who have had a history yet that did not come in their way,” Bhat said. “I am familiar with his case and I think he has a very good case.”
Like Bhat, the opposition National Conference General Secretary, Ali Muhammad Sagar too expressed helplessness in having come to Khan’s rescue.
“In such cases, many departments are involved and we tried our best to pave way for his appointment but he did not get clearance and in the end, a call is taken based on Police and intelligences reports, whether right or wrong.”
