|

Dr. Fai to continue work for the cause of Kashmir during incarceration

SAN FRANCISCO, CA. June 25, 2012 – Dr Ghulam Nabi Fai, the leader of Kashmiri freedom struggle, says during his incarceration at the minimal security Federal Correctional Institution (FCI) in Cumberland, Maryland, he will continue his work for the cause of Kashmir.

 

Addressing a gathering of American Muslim leadership and well-wishers in Fremont, CA, Dr Fai said there is no restriction on him to continue his work for the cause of Kashmir. He pointed out that the prosecution had withdrawn charges initially leveled against him to be the agent of a foreign government.

 

Dr. Fai begins a two-year imprisonment term on July 10, 2012 for violating certain tax laws related to non-profit organizations. On March 30th he was sentenced to two-year imprisonment for conspiracy and violations of certain tax laws. Although initially charged under the FARA [Foreign Agents Registration Act] as an unregistered agent of Pakistan, Dr. Fai was never convicted on this allegation, which seemed clearly intended to support negotiations the U.S. and Hillary Clinton were engaged in with India at the time, according to Paul Barrow, Director of United Progressives and the Director of American Affairs for the International Council for Human Rights and Justice.

During the hearing Dr. Fai’s attorney Nina Ginsburg stated: “Judge, I think (Assistant U.S. Attorney) Mr. Kromberg’s arguments to the Court are appalling.  [Federal investigators] have a lot of words that were captured in intercepts, 20 years of intercepts, hundreds of thousands of interprets, and Mr. Kromberg cannot stand in front of this Court with one example of a statement, a public statement by Dr. Fai, a writing by Dr. Fai, a position taken at a conference he sponsored, not one, not one word, that is anything that could be characterized as propaganda for the Pakistani government.” 

 

Fai himself said he frequently took positions at odds with those espoused by Pakistan. Most fundamentally, he said, he advocated for Kashmiri independence while Pakistan wants the territory annexed into its own country.

Ginsberg also took exception to the government’s efforts to paint Fai as an extremist. She said they had been monitoring his email and phone calls surreptitiously for 20 years, and could produce no evidence to back up those assertions. As for the Muslim Brotherhood, she said Fai answered the government’s questions truthfully – he knows many members of the group, which is prominent in many Muslim countries, but is not a part of the organization.

Judge Liam O’Grady, while announcing the verdict for two-year imprisonment had made it clear that “it’s (sentencing) necessary, even though you have done some very moving things on behalf of the Kashmiri people and that your cause is a wonderful cause,” Fai told the gathering.

 

Judge continued, “And I do not doubt that your mission over the last 25 years has been a mission to bring peace to Kashmir and to try and identify a means to peace between India and Pakistan and Kashmir. You are to be heartily commended for those efforts.”

He quoted again Judge O’Grady as saying: “I sincerely hope that while you’re at a minimal security facility like Cumberland, that I see no reason why you can’t continue to advocate on behalf of the Kashmiri people and to write.”

Dr Fai stressed that no solution to the 65-year-old Kashmir conflict that didn’t command a consensus among the 17 million Kashmiri people could endure just as no solution to East Timor held a chance of success until the East Timor’s leadership was consulted and a referendum on independence from Indonesia was held.

 

For too long, Fai pointed out, India’s persecution of people of Kashmir has been buried under the rubric of  “the world’s largest democracy.” “There is no democracy in Kashmir; only military rule and the law of the gun. In fact the presence of more than 700,000 Indian military and paramilitary forces have made Kashmir the largest army concentration anywhere in the world.”

 

Dr. Fai is the founding chairman of the California-based World Peace Forum. He is the Chairman of the International Institute of Kashmir Studies. He is also the Chairman of the Kashmiri American Foundation & the London-based Justice Foundation. Dr. Fai is also the Member of the Board of Director of Istanbul-based the Union of the NGOs of the Islamic World. Dr. Fai believes in the peaceful settlement of the Kashmir conflict through tripartite negotiations between Governments of India and Pakistan and the accredited leadership of the people of the State of Jammu & Kashmir.

 

During the trial, Dr. Fai was greatly honored and supported by people from all faiths. Christians, Jews, Muslims, Hindus, Buddhists, Zoroastrians, and even atheists wrote dozens of letters regarding Dr. Fai to the judge.  These were people from the Unites States, United Kingdom, Netherlands, Norway, Denmark, Thailand, India, Pakistan, Canada, Bahrain, Qatar, Turkey, from both sides of the ceasefire line in Kashmir, and many other countries.  The courtroom was filled to capacity with people who came from places like California, Kansas, Illinois, Ohio, New York, Pennsylvania, Maryland, Virginia, Washington DC, North Carolina, Connecticut, Massachusetts, and other states. 

 

 

American Muslim leadership

 

Dr Fai In SanfranciscoAn array of American Muslim leaders and civil rights advocates also spoke at the gathering held at the San Francisco Bay Area’s popular Chandni banquet hall in Fremont/Newark. The event was sponsored by the American Muslim Alliance (AMA) and the ICNA Council for Social Justice. Among the speakers were Imam Zaid Shakir, Zaytuna College in Berkeley, California; Dr. Imtiaz Khan, Vice-President of the Kashmiri American Council, Dr. Hatem Bazian, Professor at the University of California, Berkeley; Dr. Agha Saeed, Chairman of the American Muslim Alliance (AMA); Dr. Mohammad Ahmadullah Siqqidui, Professor of Journalism and Public Relations at Western Illinois University, Macomb, Illinois; Naeem Beg, Chairman, ICNA Council for Social Justice; Mark Hinkle, former chairman of the US Libertarian Party and Edward Hasbrouck, author and freelance journalist.

 

Naeem Beg, the Chairman, American Muslim Task Force was MC of the Muslim leaders gathering held to support Dr. Fai and the right of self-determination for Kashmiri people.

 

The program began with an address via Skype link by the Jammu Kashmir Liberation Front leader, Yasin Malik, from Srinagar. He  spoke about the atrocities caused by the Indian forces. He said the basic reason of unrest in the state is the usurpation of our freedom and prolonging of solution to our political problems,” he said, adding that there will be peace once the Kashmir issue is resolved in accordance with the wishes and aspirations of its people. Yasin Malik said that at present the struggle of the Kashmiri people is a non-violent movement and if the global community did not give attention, this may be turned into a violent movement.

 

Mrs. Qadr Chang Fai made a very moving speech. She thanked everybody for supporting her husband at this critical moment and said life is a journey and each and every day or year is just like you peel an onion, it doesn’t matter how careful you are, it sometimes causes tears. She went on to say that “sometimes obstacles and difficulties let us know what is our weakness and it gives us a chance and opportunity to make us strong.”

 

“I am sure when my husband returns, after two years vacation, he will come up fresh, strong and we will again work for the cause of Kashmir,” she said adding: “This chapter is over and together we flip the page and start a fresh new chapter of Kashmir’s history. We will make sure that we achieve the goal and the goal is that liberty bell rings at every corner of Kashmir which is the paradise on the earth.”

 

Dr. Hatem Bazian, Professor at the University of California, Berkeley, was of the view that sometime it is suggested that we should have non-violent movement, I say that we are non violent. Occupations are the most violent manifestations of the structure of violence. “Population is always act as non-violent, while the states which occupy set up violent structure.”

 

He said that Kashmir is on the global chess board. “The United States wants India to balance China, because if there is a conflict with China, we always like that the darker people fight our war and the more these people die is better for the officers because racism can be manifested across many sectors.”

Alluding to Dr. Fai’s case, Dr. Bazian said that “in the post-9/11 era there is strategic and systematic process of targeting the Muslim leadership of organizational structures by eliminating the existing leadership that has developed over the last 40 years studying together, graduating together, you disrupt the civic political engagement in the country and second you allow infiltrators those who are on the pay role of government to  just cause disruption.”

 

He went on to say that Dr. Fai is targeted because he is successful. “It is because of his ability to transcend from this small area of his work and to reach out beyond the confines and be very effective in advocacy.” Imam Zaid Shakir, Zaytuna College in Berkeley, California, in his speech spoke about the imprisonment of Dr. Fai and said that “they can imprison his body but cannot imprison his soul.”  Dr. Mohammad Ahmadullah Siqqidui, Professor of Journalism and Public Relations at Western Illinois University, Macomb, Illinois, argued that just like East Timor and South Sudan, Kashmir should be made an independent state. He said he was convinced one day Kashmir will become an independent entity.  Former chairman of the US Libertarian Party, Mark Hinkle, said that his party supports the right of self-determination of Kashmiri people.

 

Author and freelance journalist, Edward Hasbrouck, said he was looking forward to see an independent country and his passport is stamped with the visa of Kashmir. He said, “I’m disappointed to see so few people like me here, who are neither South Asian nor Muslim. They need to know that what is happening to Dr. Fai and other Muslims could happen to them too. So as we work to build awareness of the situation in Kashmir, let us also redouble our outreach to activists for human rights, opponents of political injustice, and supporters of political prisoners from all communities in the USA.

 

I look forward to continuing to work with Dr. Fai, the Kashmiri-American Council, all of you here, and many others for self-determination for the Kashmiri people. I look forward to working with a broader coalition to repeal the Foreign Agents Registration Act and to support human rights in the USA.”

 

Dr. Agha Seed, the American Muslim Alliance chairman, the strategist behind the Muslim leadership gathering was unable to speak because of his sickness. His message in support of Dr. Fai was read by his assistant, Hazem Kaira.

Dr Imtiaz Khan, Vice-President of the Kashmiri American Council was another major speaker at the gathering. In his speech Dr. Khan said that more than 100,000 Kashmiris have been killed by Indian military and paramilitary personnel over the last two decades.

 

He deplored the silence of the international community because of India’s nuclear and economic strength. He said that the United Nations with a moral obligation to intervene on behalf of the people of Kashmir; and, that the United Nations should strengthen its monitoring force along the cease-fire line.

 

It may be pointed out that the UN Special Rapporteur’s report on India’s human rights violations was released the same day when Dr. Fai’s verdict was announced. The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns released an interim report at the end of his 12-day visit to Jammu & Kashmir and the states of Gujrat, Kerala, Assam and West Bengal, terming the Armed Forces Special Powers Act as a symbol of excessive state power that has resulted in consuming innocent lives in Jammu and Kashmir and Indian state Assam.

 

Christof Heyns told reporters in New Delhi that the Armed Forces Special Powers Act allows the state to override rights and has no role in a democracy. Under the law, troops have the right to shoot anyone suspected of being a rebel and to arrest suspected militants without a warrant.

 

“This law has been described to me as ‘hated,’ and a member of a state human rights commission has called it draconian,” said Heyns. The special powers law has been in force in different parts of the country since 1958 and is currently enforced in Indian-administered Kashmir and in the states of Manipur and Nagaland in the northeast, all battling separatist movements. In all three regions, human rights workers have accused Indian troops of illegally detaining, torturing and killing rebel suspects, sometimes even staging gun battles as pretexts to kill.

 

The law also prohibits soldiers from being prosecuted for alleged rights violations unless granted express permission from the federal government. According to official documents, the state government in Indian Kashmir has sought permission to try soldiers in 50 cases in the last two decades, but the federal government has refused every one.

Similar Posts

  • |

    Kashmir: Setting the Stage for the Settlement – Part 1

    Let us remember here that the future of Jammu and Kashmir is not something that the governments of India and Pakistan can decide without involving the Kashmiri people. How this diverse people’s representatives should be identified, and then associated with the process toward a possible settlement, are crucial if difficult questions, but every human and democratic principle demands this association.” Professor Rajmohan Gandhi, grandson of Mahatma Gandhi, July 24, 2003.

  • |

    State of human rights in Kashmir : Testimony

    March 17, 2014

    Sir Nigel Rodley
    Chairperson
    UN Human Rights Committee
    Office of the U.N. High Commissioner for Human Rights
    United Nations Office at Geneva
    CH-1211 Geneva 10, Switzerland
    Fax: (41 22) 917 90 11
    E-mail: CP@ohchr.org

    Mr. Chairman and Members of the Committee:

    I am grateful for the opportunity to submit this testimony on the state of human rights in Kashmir to the 110th session of the United Nations Human Rights Committee being held in Geneva, Switzerland, this week until March 28, 2014. Much to my chagrin in light of the warming of diplomacy between India and Pakistan and incipient dialogue between India and Kashmiri leaders, the state of human rights in the disputed territory is chilling. Indeed, it shocks the conscience.

    Indiscriminate killings:

    The best estimate of extrajudicial killings in Kashmir since 1989 approaches a staggering 100,000. That number dwarfs the killings in Northern Ireland, Palestine, Bosnia, Kosovo and Southern Sudan which have brought the world to tears and revulsion. The 100,000 corpses also tops the death toll for United States forces in Vietnam over 10 years.

    Arundhati Roy, an Indian novelist, essayist, the Booker Prize and Sydney Peace Prize winner said that “Caught in the middle are the people of Kashmir. More than 100,000 people, mostly innocent civilians, have died in the 20-year conflict.”

  • |

    United Nation must fulfill Kashmir obligation

    Washington, January 5, 2104. Dr. Ghulam Nabi Fai, lamented today’s 65th anniversary of the non‑implementation of the January 5, 1949, United Nations resolution which says that the future of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite; there shall be no threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite; no restrictions should be placed on legitimate political activity throughout the State; all subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views; and there shall be freedom of the Press, speech and assembly.

  • |

    To call Kashmir a territorial dispute is to dehumanize it: Ambassador Buch

    November 12, 2017. New York. “It was an honor to have an hour-long meeting with Ambassador Yusuf Buch at his residence in New York City,” said Dr. Ghulam Nabi Fai, Secretary General, World Kashmir Awareness Forum. While paying homage to Ambassador Buch’s life in exile, Fai said: “Ambassador Yusuf Buch born in Srinagar (Capitol City of Kashmir) was along with few other promising and brilliant youth exiled from the state in 1947 for his political beliefs. Mr. Buch was the Senior Advisor to the United Nations Secretary General for 20 years. His contribution to Kashmir cause has been legendary ever since Kashmir dispute was brought to the United Nations by India in 1948. Working in tandem with Kashmiri diaspora, Ambassador Buch had added vibrancy to the Kashmir cause. The nation of Kashmir salutes his commitment and dedication, and pay tribute to his inspirational spirit. Ambassador Buch is undoubtedly, a living encyclopedia on Kashmir.”

  • |

    Kashmiris stage huge demonstration in front of the White House

    Washington, D.C. May 22, 2017. Hundreds of Kashmiri Americans – men, women and children – from various states in the United States staged their huge rally in front of the White House. They were demanding United Nations – assured right of self-determination.

    Raising slogans of: “Kashmiri Lives Matter Too” “Kashmir in Pain: India in Shame” “Indian Forces: Out of Kashmir” “Demilitarize Kashmir” “U.N. Implement Resolutions on Kashmir” “Stop Forced Disappearances and Torture in Kashmir,” the marchers held candle light vigil on the sidewalk of the White House.

    Syed Ali Geelani, ‘the Keynote Speaker’ called on the world leaders to persuade India and Pakistan to initiate a meaningful dialogue with the Kashmiri leadership to settle the Kashmir dispute once and for all. He suggested that it is better for Indian authorities to shun its stubborn approach and resolve this long pending issue. “The Indian army is unleashing a new wave of terror, killing dozens and maiming hundreds of unarmed protesters, utilizing bullets and lethal pellet-guns aimed to kill and maim” emphasized Mr. Geelani. He hoped that a new dawn of prosperity, peace and stability will be guaranteed when the Kashmir dispute is resolved to the satisfaction of the people of Kashmir.

  • |

    Reflections on Modi’s Visit to the U.S: What’s in it for Kashmir?

    “Is it true Narendra Modi just boarded a flight to visit India?” Tweeted a critic of Indian Prime Minister’s globe-trotting jaunts. “Welcome home, Pradhan Mantriji! How long will you be staying this time?” Modi has already been to 33 countries just this year alone. The Donald Trump of South Asia, the man out to make India great again, a nationalist and sectarian, divisive at home but the man with the grand plan on the global stage, on June 7, 2016 marked his fourth visit to the U.S. since taking office in 2014.

    The joint statement of Narendra Modi, the Prime Minister of India and President Obama on the occasion, noteworthy for its lack of any real substance, in part says, “…the leaders reviewed the deepening strategic partnership between the United States and India that is rooted in shared values of freedom, democracy, universal human rights, tolerance and pluralism, equal opportunities for all citizens, and rule of law.”