A Journey from Subject to Citizen

Wednesday, 20 November 2024

Daily Diary (DD) - Day 325 of 2024

1258hrs:

Today is effectively Day 117 since I began My Educational Walk from Sehnsa to Sharda. I am still on my second break which started on Day 88 (29 days ago!) whereas the first break (Day 37 to Day 59) lasted 22 days.

For those of you keeping a close watch on matters in AJK, will notice another milestone being achieved in Rawalakot yesterday, as the public openly defied the recent presidential ordinance that was intended to restrict the public's freedom of assembly. The public now effectively have control over the territory of AJK yet it is also obvious that they do not know what to do with the power in their hands.

JKA PUBLIC AGENCY's role will now become clearer to the public in these circumstances.

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In light of these developments and the immediate issue of Zubair Bhatti, my educational walk has faced a delay but after tomorrow's intended public show of resistance in Kotli city, I will resume my walk from Kotli Adda towards Nikyaal.

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Tuesday, 19 November 2024

Daily Diary (DD) - Day 324 of 2024

1415hrs:

We will be using today's date to provide a documented timeline of content & communication generated with respect to the transparent efforts of Kotli's Zubair Bhatti to return to his ancestral homeland in moza (village) Gould, tehsil (subdivision) Mendhar, district Poonch in Indian-controlled Jammu & Kashmir. A journey which he has been mulling over and consulting with many of his co-citizens for the past 2 years. It was about 2 months ago that he gave his first public statement to the media in relation to his intended plan to return to the land of his ancestors, by crossing the LOC in broad daylight and by giving ample notice to all 'authorities' concerned.

Zubair Bhatti began this journey on his 60th birthday on Sunday the 10th of November 2024 from the district courts complex in Kotli, managed to walk up to Supply Bazaar by the evening of Wednesday the 13th of November 2024 before he was arrested by local police, taken to the city's police station where he was made to spend the night before being transferred to the district jail in the city on the morning of Thursday the 14th of November. He continues to languish in jail without any documentation of charges being provided to him, though verbally informed that his actions could create a fresh conflict between India & Pakistan, bringing the local population along the LOC (coinciding with his route) in mortal danger. Hence, a draconian British colonial law under some digit of MPO (Maintenance of Public Order) has been verbally conveyed to him.

I will adopt a reverse chronological procedure to document all important aspects of this issue (with the latest developments showing first while those who are further interested in this matter will be able to scroll down to obtain deeper context):

We begin with public statements on this issue provided by notable people throughout our territory (AJK) and beyond:

Wed 20/11/2024:

The following is what we can describe as both a public and legal note by the foremost jurist on the UN template on JKA, namely Dr Nazir Gilani on Zubair Bhatti's case. It begins in Urdu but ends with some notes in English:

(The following text is the English part of his note):

1) Arresting Zubair Bhatti for attempting to exercise his legitimate right to return to his ancestral home violates these fundamental rights.

2) The preventive detention under the Maintenance of Public Order (MPO) is arbitrary and not proportionate to the individual's peaceful intent.

3) His family migrated from Mendhar during 1947 conflict, making the area his ancestral home.

4) His actions are motivated by a desire to reconnect with his roots, not to disturb public order

5) The case has Humanitarian element. Walking to Mendhar is a symbolic act of tracing his history and there is no evidence to suggest any malicious intent.

6) Peaceful walk does not constitute a threat to public safety or order

7) Detention under the MPO requires the government to prove that the individual posed a risk to public order. In this case his intent and actions were harmless

Under constitutional jurisprudence, any preventive action must be proportionate to the perceived threat. Arresting someone for walking to their ancestral home fails this test.

Government of Azad Kashmir should make an urgent reference to UNMOGIP and to the UN.

I am in Rawalpindi and my services and advice are available to the parties.

Dr Gilani's note above can also be accessed on his Facebook wall at this hyperlink .

Quayyum Raja paid a visit to Zubair Bhatti in jail today and subsequently wrote an Urdu note on Facebook:

Quayyum Raja's note above can also be accessed on his Facebook wall at this hyperlink .

Mon 18/11/2024:

The following is a video statement in English by Quayyum Raja of Khuiratta, a formidable freedom fighter with decades of experience who also runs the Centre for Jammu Kashmir Public Diplomacy:

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