Tag Archives: allegiance

I am Babar Sattar

By: Saad Rasool

His loyalty swears allegiance to the empire of law, not to the seat of any judge

I have been raised on the idea that a man keeps his distance from friends when they are in high places, and never leaves the side of a friend who has been knocked to his knees by life. In fidelity to this ethos, the following is a howl from my wounded heart, in defence of my friend, Babar Sattar, whose intellect, audacity and honesty, has cost him the wrath of the mighty and the powerful!

Let me emphasize at the very outset that I agree with, and endorse, every word written by Babar in his op-ed piece, “Hubris as Justice?”. And, as we customarily state in legal pleadings, ‘let the contents of that piece be read as an integral part of this article’. By that virtue, the fundamental principles of consistency and equality (in law) mandate that whatever is done unto him, be also done unto me. Anything else, in constitutional jargon, will be a violation of Article 25 of the Constitution (discrimination).

Let me begin with a slight background for those who are unaware of all that has transpired: On Tuesday, Babar wrote an op-ed piece, which was critical of some of the jurisprudential trends emanating from the honorable Supreme Court. The article was published in Dawn, since The News International refused to publish this piece (as Babar’s weekly column), alleging that it was ‘unbalanced’. That same day, the contents of this article were highlighted (with praise!) in a programme on Geo TV. Thereafter, almost instantly, the content and context of this article became the topic of discussion across all tele- and social-media waves. As expected, soon enough, this piece caught the attention of the honorable judges of the apex court, who viewed it as a tremendous act of insubordination (by a former of the legal fraternity). Immediately, contempt notices were issued to the publisher as well as the media-giant that telecasted Babar’s opinion. The matter, soon enough, will be taken up for ‘dispassionate’ adjudication.

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Kashmir: A troubled paradise

– As a child growing up after India’s partition, Kashmir to me was always a part of India. Only in middle school did I begin to realize that it was considered “disputed territory” by much of the world, the sentiment being especially fierce in neighboring Pakistan. The map of India that we studied in school showed Indian Kashmir as a larger territory than what was actually under Indian control. Parts of it in the north and the west were in reality, within China and Pakistan. The scenic northernmost state, a popular destination for summer tourism and the backdrop of many a puerile romantic song & dance number of made-in-Bombay movies, was not a very urgent topic of discussion for the general Indian public. Kashmir for most Indians, evoked benign, pretty images of apple, apricot and walnut orchards, chinar trees, shimmering lakes, snow capped mountains, houseboats, fine pashmina shawls, lacquered papier mache ornaments and the valley’s light skinned aloof inhabitants.

Later in my teen years I began to understand that Kashmir was not the placid paradise we had imagined as children. Its politics were complicated and its population sharply divided on the state’s rightful status – part of India, part of Pakistan or a wholly independent/ autonomous entity. The difference of opinion fell across religious lines. Kashmiri Hindus wished to remain with India and the majority Muslim population of the state did not. Even then, things were mostly quiet and free of turmoil. There were quite a few Kashmiri students in my school. Many had ancestral homes and relatives in Kashmir and they visited there regularly during summer breaks. Those friends were all Hindus. Come to think of it, I did not know a single Kashmiri Muslim on a personal level until I was in college. There were Muslim traders and merchants who came down to major Indian cities bearing expensive and much coveted Kashmiri merchandise such as saffron, dried fruit, nuts and embroidered woollens, but they did not reside in the plains permanently and their children did not attend our schools. The first Kashmiri Muslim I came to know well was Agha Shahid Ali, a graduate student a few years ahead of me in Delhi University who later became a lecturer of English at my college as also a poet of some renown. It was Ali who first revealed to me that most Kashmiri Muslims did not identify themselves as Indians and many felt a greater emotional and cultural allegiance with Pakistan. An equal number wanted an autonomous state with a very loose federation with India for economic reasons. The Indian government spent large sums of money to subsidize the state’s economy and prohibited non-Kashmiris from buying land there while also meddling in local politics. Kashmiris became increasingly suspicious of the central government’s motives and the rift with India widened both politically and culturally.

Despite tensions and uncertainties, Kashmir never experienced the sectarian violence that had racked the eastern and western wings of India around partition time. Even when India and Pakistan fought several wars over their disagreement surrounding the region, Kashmir itself remained relatively free of communal strife for many decades after India’s independence. The uneasy calm ended in the late 1980s and early ’90s when the Kashmir valley became a battle ground for armed insurgents trained in Pakistan and the Indian military forces. The conflict caused a communal rift among long time residents and resulted in a mass exodus (some say expulsion) of Kashmiri Hindus from their homes. Those tensions remain to this day laced with bitterness on both sides.

I had never visited Kashmir when I lived in India. By the time the political upheaval unfolded in the 1990s, I had already left and had been living abroad for a decade. Kashmir’s troubles and deteriorating political situation were not something I paid close attention to until the Kargil War erupted in 1999. It became clear then that Kashmir had become an intractable problem for India. I am still not sure how I feel about the situation. What can India gain by holding on to a territory whose residents do not want to be a part of India? Can India protect regions like Ladakh and Jammu in the vicinity which identify firmly with the rest of India? What would happen if India does decide to vacate the valley and stops spending money to placate the population and maintain the large presence of its armed forces? Would Kashmir valley remain “independent” or will some other country like China or Pakistan march in and establish control even closer to other Indian states? How does one balance the interests of Kashmiris and the rest of India? Is peace ever possible when the citizenry perceives the government as an “occupying force?” Most confusing of all, will Kashmiri Hindus be permitted go back to the homes they abandoned out of fear and panic? And even if it was possible, would they ever want to return to a place that had cut all ties to India? ….

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