Tuesday, 5 November 2019

In Kashmir, the lockdown has blocked the detainees’ path to justice

The paralysis of the court has seen many crucial issues pushed to the back burner
Kashmir
A few days after repressive measures were imposed in Kashmir in the wake of the dilution of Article 370, a distraught woman banged on the doors of the home of Shopian-based lawyer Habeel Iqbal. She had just learnt her young son – detained in a police station – had been whisked away to a prison outside the state. In the absence of basic communication facilities – even landlines were not functioning – and severe restrictions on movement, it was not possible to help her access justice on that day.
Iqbal could only attend the Shopian district and sessions court 20 days after August 5 and found scarcely any activity there. He learnt that among the hundreds held in detention was someone from the legal fraternity in Shopian. Advocate Zubair Ahmad Bhatt and his father, a former MLA from the People’s Democratic Party, had been detained.
In September, child rights activists – alarmed by mass arrests, many of whom were underage – filed a petition in the Supreme Court expressing concern over the rights of Kashmiris to access the justice system. Hearing the petition, Chief Justice Ranjan Gogoi declared he was ready, if necessary, to go to Srinagar to ascertain the situation.
On October 3, nearly two months after the restrictions were imposed, I accompanied Iqbal to the J&K high court to try and gauge the impact of the lockdown on the judicial system and the consequent effect on people’s lives…

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