Hands of the activists of Punjab Human Rights Organisation were full with investigation of human rights abuses in Punjab by the Indian Government and its armed forces. Nevertheless, when on May 21, 1990, we received reports of the assassination of Mirwaiz Maulvi Farooq and the massacre of the mourners at Srinagar, we at once decided to send a team to enquire into and report the tragic happenings in the Jammu and Kashmir capital. The Mirwaiz was not only a top political personality but was a respected religious leader of Kashmir Muslims.

Dr. Rajinderpal Singh on behalf of P.H.R.O. first proceeded to Delhi to tap all available sources and to collect data on the incidents in view of the reports of unending curfew restrictions in Srinagar and curbs on the movement of outsiders to the Valley. Useful information was obtained from several sources on different aspects of the Kashmir situation. The record of the proceedings in the two houses of Indian Parliament, where a two hour debate took place soon after the incidents, served P.HLR.O. As a good backgrounder. We also obtained official versions of the death of the Mirwaiz as well as the incident of firing on Muslim moumers at Srinagar.

The Government’s version

First the statement of the Minister of Home Affairs Mufti Mohammad Sayeed:

“I am to inform the Hon’ble Members of the ‘facts pertaining to the most unfortunate and sad demise of Maulvi Farooq, Mirwaiz of Kashmir, yesterday, and the development which took place thereafter in Srinagar.

“The state Government has informed that three Kashmiri youth came to the Nagin Bagh residence of Maulvi Faroog at about 11:15 a.m. on 21.5.90 and wanted to meet him. The youth talked in Kashmiri with the Chowkidars (guard) at the gate, Ghulam Qadier Sufi. They told him that they had an appointment with Maulvi Farooq. Maulvi Farooq was informed, and on his permission the youth were allowed to come into the house. They were with Maulvi Farooq for about 15 minutes, when shots of firearms were heard. The Chowkidar rushed inside the house and he tried to grapple with one of the fleeing assailants, but could not prevent his escape. He found that Maulvi Farooq had been shot at and had received a number of bullet wounds, Maulvi Farooq was immediately rushed to the Medical institute at Saura where he succumbed to his injuries.

“Maulvi Farooq was one of the most respected religious leaders of the Kashmir valley with a large following. He had done a lot for the people of Kashmir. This wanton, criminal act of the terrorists has deeply hurt the sentiments of the people of Kashmir. The assassination of such a highly respected religious leader, coming in the wake of kidnapping and murder of the Vice Chancellor of the Kashmir University, a well-known religious scholar, highlights the mindless and criminal nature of the terrorist acts in the Valley, which are designed to eliminate the respected persons and leaders, who refused to toe their violent and secessionist line fed to them from across the border.

Security forces “attacked”

“The body of Maulvi Farooq was taken in a procession to Mirwaiz Manzil. On way, near the Islamia College, a section of the crowd attacked the security picket at the place. Taking advantage of the situation, the terrorists mingled with the unruly crowd and started firing at the security forces with AK47 and other firearms. The security forces personnel had to open fire in self defence. In other localities also in the nearby places, the security forces personnel came under attack by unruly crowds and militants. Some pickets were severely damaged. According to reports, 27 persons have been killed and around 100 injured. One commandant and 10. Jawans of the security forces have been injured…”

Then Prime Minister Vishwanath Partap Singh made the following remarks:

“I express my deep anguish and grief.at the killing of Maulana Mirwaiz Farooq. Is a sentiment that is shared by the house all across, He was a very respected religious leader. That he has been the target of the bullets of the terrorists discloses the designs of the terrorists very clearly. The targets have been the people who have been either moderates or nationalists. These have been the targets of terrorists, apart from police personnel or paramilitary forces. Many of the people of National Conference, of Communist Parties, of Congress are targets of these terrorists. B.J.P. is also an area of their attack.

The call for unity of nationalists

“They are the targets and, therefore, it is equally our responsibility to see that these forces come together and it is for us to protect them. And that is a challenge we accept clearly and it is part of our duty. Whether a citizen asks for security or does not ask for security, that is not the issue. It is part of the duty of the Government to provide fullest security irrespective of whether he asks for it or not.

“The body of Maulvi Faroog was taken in procession to Mirwaiz Manzil. There is no mention of curfew. On the way near Islamia College, a section of the crowd attacked the security forces picket at that place. Taking advantage of the situation the militants mingled with the attacking crowd and started shooting at the security forces with AK47 and other firearms. So it is not the picture as if the crowd had been shot into, but this was the situation when the crossfire took place. It is a fact that when crossfire takes place, though it is aimed at where the crossfire is coming from, but other casualties also take place.

The real issue: “The people of Kashmir”

“The real issue is the people of Kashmir, and finally the solution has to come from the people of Kashmir. We have to address ourselves to the grievances, or if there are legitimate grievances we wish to address ourselves to them and satisfy them as regards development and other problems. I see no solution without the people of Kashmir being involved. Let us not under estimate the very deep rooted conspiracy across the border. There is a well-intentioned design and plan, for secession and for tearing our country apart. Across the border, there are camps. As a threat to our security and integrity there, we have to face it very firmly and we are determined to do it. The Government has made up its mind to seal the borders with whatever strength we have. At the same time, we have to be sensitive to human rights, to the people’s problems and involving the people”.

After this statement was read out, several members put searching questions but no illuminating replies were forthcoming.

For instance, Vishyjit P. Singh, a Congress (I) member, said: “Fundamental to the whole issue are the questions I am going to raise through the points seeking clarifications. Firstly, I would like to know whether it is a fact that Nagin Bagh was a curfew bound area where the residence of the late Maulvi Farooq was situated. At 11:15 a.m. on 21.5.1990, was there curfew in force or not in that area? Secondly, did the assailants come in a Gypsy or some sort of a jeep? Did they come in a vehicle in spite of the curfew and were they not stopped?

Did assailants speak Hindi?

“Is it also a fact that there are three BSF posts around or about the Nagin Bagh residence of Maulvi Farooq and that this vehicle carrying the assailants came unchecked and unchallenged right up to the house? Is it true that the late Maulvi Faroog, in his last words, said that the men who killed him spoke in Hindi and not in Kashmiri? Is it also true that a statement to this effect has been made by the brother of the late Maulvi Farooq, Mushtaq? Is it a fact that Mushtaq has alleged that Maulvi Farooq, in his last words, said that the assailants could not speak proper Kashmiri and that they were speaking in Hindi? Is it also a fact that the security forces are housed in the Islamia College?

Is’ it a fact that the ‘Islamia College has got three. Companies of the security forces and that they are stationed permanently at Islamia College? Is it also a fact that the number of security personnel is 3000? Is it also a fact that it has nearly 10foot (high) boundary wall? You claim that the terrorists had mingled with the crowd while it was passing by the Islamia College. Is it also not a fact that the only the terrorists could fire into the Security Forces was by scaling the 10foot high wall, and that they fired at the 3,000 personnel inside? There is an allegation that there were ten guns (mounted on that wall) firing at the crowd. I am not making that allegation. Is it a fact or is it not? Lam only asking you.

“How could the terrorists climb the 10foot wall and fire at 3,000 security personnel? Was that crowd Benton committing suicide? Is it also true that 117 people have been killed in the firing as against your total of 27? One hundred seventeen people have been killed and 500 people have been injured allegedly by stenguns.

18 more bullets for Farooq

“Is it also true that the coffin of the late Maulvi Farooq had 18 bullet marks on it? This coffin, not content with the death of Maulvi Farooq, had to be riddled with 18 bullets. The coffin lay on the road because the moumers dispersed due to firing, the Jalian wala Bagh like firing, and the ladies of the house had to collect the coffin and take it home to Mirwaiz Manzil.

“Is it also true that no terrorist organisation has till now claimed credit for that killing? Is it also not true that the late Maulvi Farooq was involved in negotiations which were going on between the Minister for Kashmir Affairs and the so called boys underground? And is it also not true that Jagmohan was taking strong exception to the connection between Maulvi Farooq and the Minister for Kashmir Affairs, George Fernandes? These are the questions which are disturbing me and I would like to seek specific answers to these questions.

State’s role in murder denied

The Minister of State in the Ministry of Home Affairs, Subodh Kant Sahay, replying to the points raised by members, said: “Efforts are being made to bring the misguided youth in Kashmir in the mainstream, It is absolutely wrong to say that the State Government is involved in the incident to some extent and that those who say like this, want to link the murder of a patriot with politics. There was no curfew on the day Mirwaiz ‘was murdered.

“Mirwaiz Maulvi was the target of the terrorists and with his murder they wanted to send a message across that those who do not toe their line, would be killed. Mirwaiz Maulvi did not want any security but is the responsibility of Government to provide security to such persons.

“Only two three days back, offices, schools and colleges were opened in that area and the situation was returning to normal when this incident took place.

No curfew in the procession area

“The Government had made every effort to provide full security for the mourning procession and that is why curfews was not imposed on the route of the procession.

“The situation is very tense in that area but the Government is competent to deal with the situation. The paramilitary forces have been instructed not to harass the innocent people. The Government will not tolerate any act which goes against the human rights.”

Santosh Mohan Dev of Congress (I) opened the May 25 debate in the Lok Sabha. In the course of his long speech, Dev made passing references to several incidents that occurred in the valley prior to the May 21 firing. We are quoting him in parts:

“But I would like to ask the Hon’ble Home Minister, is it not a fact that a bridegroom party which was going in a bus in the Minister’s own constituency was stopped by the BSF? The C.R.P.F. thought that terrorists had captured the bus. So, they opened fire; and in the crossfire between the B.S.F. and the C.RP.F, two B.S.F. men died. Ultimately they could not fire back at the C.R.P.F. then, the bride was taken out of the vehicle and they taped her:

Article extracted from this publication >> September 7, 1990