Hashim Qureshi
Encyclopedia
Hashim Qureshi is one of the founding members of Jammu Kashmir Liberation Front
Jammu Kashmir Liberation Front
The Jammu Kashmir Liberation Front , founded by Amanullah Khan and Maqbool Bhat, is a Kashmiri nationalist organization founded in Birmingham, UK on May 29, 1977. From then until 1994 it was an active terrorist organization with branches in several cities and towns of the UK, and in several other...

 (JKLF) and is now the Chairman of Jammu Kashmir Democratic Liberation Party (JKDLP), one of the main separatist  Kashmiri
Kashmiri people
The Kashmiri people are a Dardic linguistic group living in Kashmir Valley in Indian state of Jammu and Kashmir and parts of the Pakistani territory of Azad Kashmir who speak the Kashmiri language...

  political organizations which strives to find a political solution to the Kashmir issue through peaceful and political activities.

Birth and childhood

Born in the Nowhatta locality of Srinagar to Mohammad Khaleel Qureshi and Saeeda Begum, Hashim Qureshi comes from a middle class family. He studied at Islamia School, Srinagar. He started his political career at the young age of 14 by participating in demonstrations and stone pelting against Indian occupation in Kashmir. During a trip to Pakistan for his sister's wedding, he met Maqbool Bhat
Maqbool Bhat
Maqbool Bhat , also known as Maqbool Butt, was a Kashmiri militant and co-founder of the Jammu Kashmir Liberation Front. He was sentenced to death for murder by the Delhi High Court and hanged on 11 February 1984....

 in 1969 in Peshawar and joined his JKNLF.

Ganga hijacking

Maqbool Bhat was the founding father of Kashmir's independence struggle and he wanted to highlight the Kashmir issue internationally. He masterminded the idea of a hijacking. He chose Hashim Qureshi for the hijacking who along with his cousin Ashraf Qureshi hijacked an Indian Airlines plane on 30 January 1971 (Ganga) en route from Srinagar to Jammu and brought the plane to Lahore, Pakistan. Hashim Qureshi was only 17 years old. The Indian Airlines flight was carrying 30 people including crew members. After landing on Lahore Airport the hijackers demanded the release of about two dozen political prisoners of the JKNLF in Indian prisons, political asylum in Pakistan and guarantee from the Indian Government that there relatives in Srinagar, will not be hurt in anyway.

The Hijackers were greeted by the Chairman of Pakistan Peoples Party
Pakistan Peoples Party
The Pakistan Peoples Party , is a democratic socialist political party in Pakistan affiliated with Socialist International. Pakistan People's Party is the largest political party of Pakistan...

, Zulfiqar Ali Bhutto, who would later become the Prime Minister of Pakistan
Prime Minister of Pakistan
The Prime Minister of Pakistan , is the Head of Government of Pakistan who is designated to exercise as the country's Chief Executive. By the Constitution of Pakistan, Pakistan has the parliamentary democratic system of government...

. On February the 1st 1971 all the passengers and crew were sent back to India via Amritsar and the 'Ganga' was set on fire by the Pakistani ISI http://www.khalidhasan.net/2003/04/11/the-truth-about-the-ganga-hijacking/http://www.dailyexcelsior.com/web1/03apr17/national.htm#2.The hijackers and Maqbool Bhat were firstly praised as heroes and freedom fighters (as this was the first instance Kashmiris had brought there cause to the attention of the World) but then they and hundreds of other members of JKNLF were arrested, interrogated in Shahee Qila, Lahore and Dolayee Camp near Muzaffarabad
Muzaffarabad
Muzaffarabad is the capital of Pakistan Occupied Kashmir, Pakistan. It is located in Muzaffarabad District on the banks of the Jhelum and Neelum rivers...

. Later six of them were tried in a Special Court of Pakistan under the charges of collaboration with the Indian intelligence services. They were Maqbool Bhat, G.M. Lone, Mir Abdul Qayyum, Mir Abdul Manan and the two hijackers Hashim Qureshi and Ashraf Qureshi.The case started in December 1971 and after a long trial in which 1984 prosecuting and 1942 defence witnessed were called was concluded in May 1973. All but Hashim Qureshi were cleared of all charges other than dealing with arms and explosives etc. Hashim Qureshi was sentenced for nineteen years imprisonment. Maqbool Bhat submitted for this case a statement which is arguably the most detailed reflection of his political ideology, excerpt: "I can say without any hesitation that I have not designed any conspiracy nor have I been a part of any group of conspirers. My character has always been transparent and unambiguous. However, I have done one thing and that is the rebellion against ignorance, greed of wealth, exploitation oppression, slavery and hypocrisy. If the ruling class of Pakistan that is a product of imperialism and represented by the bureaucracy and military dictatorship of this country views this as conspiracy then I have no hesitation in accepting the charge". Ganga Case was carried out under special presidential orders of the then President of Pakistan
President of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...

 Yahya Khan
Yahya Khan
General Agha Mohammad Yahya Khan Qizilbash, H.Pk, HJ, S.Pk, psc was the third President of Pakistan from 1969 to 1971, following the resignation of Ayub Khan...

 according to which the accused were denied the right to appeal against the decision of this Special Court. Despite many requests and protests in Azad Kashmir and Pakistan the right to appeal for Ganga accused was not accepted. The right to appeal was restored only after the British Kashmiris warned several Pakistani ministers on their visits to Britain that the unlawful tactics of the Pakistani rulers to convict these Kashmiris will be exposed. Using this right JKNLF filed an appeal against the Special Court's decision about Hashim Qureshi. But it took seven years before this appeal was heard at Supreme Court, which was compromised of a full bench of three judges, where Hashim Qureshi was eventually also cleared.

The Pakistani authorities released Hashim Qureshi in 1980. He married the daughter of his maternal uncle in 1982. In 1985, the Inter-Services Intelligence
Inter-Services Intelligence
The Directorate for Inter-Services Intelligence , is Pakistan's premier intelligence agency, responsible for providing critical national security intelligence assessment to the Government of Pakistan...

 (ISI) approached him in order to join hands. The ISI wanted to get young people from Kashmir, for training. They offered him money, land and other things. After long discussions of four months, he declined. He argued that Pakistan had also occupied Gilgit- Baltistan and PoK, where there is no democracy. After that the Pakistani authorities started hunting him, he managed to escape Pakistan and fled to The Netherlands. He had to leave his wife, who was then pregnant, and their two children. They joined him after four months with help from Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

 and other Human Rights organizations http://inhome.rediff.com/news/2001/feb/14inter.htm.

Formation of Jammu Kashmir Democratic Liberation Party

Hashim Qureshi stayed connected to the fight for Kashmiri independence and wrote articles and press releases to the leaders in Kashmir warning not to start an armed rebellion. He believed that the freedom movement of a country cannot be run by another country or foreign intelligence agencies. It has to be an indigenous movement, not one running at somebody else’s behest. He wanted to correct the wrong path the struggle had been led to and save Kashmir from unwanted elements. According to him weapons were the enemy of the Kashmiri people in this era and the Kashmiri rebellion would be called a terrorist movement instead of a freedom movement. After having read Mahatma Gandhi
Mahatma Gandhi
Mohandas Karamchand Gandhi , pronounced . 2 October 1869 – 30 January 1948) was the pre-eminent political and ideological leader of India during the Indian independence movement...

, Martin Luther King, Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...

 and others in jail, Hashim Qureshi, now was convinced that an armed struggle would only damage the Kashmiri cause and advocated a non-violent movement based on the principle of civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...

.

Because of JKLF's collaboration with the ISI and differences with the then Chairman Amanullah Khan on his role in the Ravindra Mhatre
Ravindra Mhatre
Ravindra Hareshwar Mhatre was a 48 years old Indian diplomat in UK who was kidnapped and later murdered in Birmingham in 1984 by British Kashmiri militants....

 case, he left the JKLF in 1993 and formed his own Jammu Kashmir Democratic Liberation Party
Jammu Kashmir Democratic Liberation Party
Jammu Kashmir Democratic Liberation Party is a separatist political party in Jammu Kashmir founded by its chairman, Hashim Qureshi in 1994 Hashim Qureshi#Formation of Jammu Kashmir Democratic Liberation Party...

 (JKDLP) in 1994.

Maqbool National Welfare Association

JKDLP laid the foundation of Maqbool National Welfare Association (MNWA) in 1994 with the specific aim to assist victims of militancy in Kashmir. Hashim Qureshi started this philanthropic institution while in exile in the Netherlands, named after Maqbool Bhat, whom Qureshi considered his Leader. In a place where NGOs have mushroomed by the dozen, MNWA was one of the first ones to be established for dealing with victims of the conflict — widows and orphans from the families of militants, who were not eligible to receive government aid. Initially, it was Qureshi’s friends and family who were involved with MNWA. The first three centres were opened in downtown Srinagar — which had been a hotbed of militancy and subsequently had many widows and orphans. The centres taught the women it enrolled, after carefully screening their background, the art of making curtains and cushion covers. Qureshi and his family were also the first ones to buy the products. Today, the MNWA runs centres in almost all the districts of Kashmir and even in Jammu benefiting more than 15,000 women. In turn, some of its beneficiaries are now training others or running successful enterprises on their own. MNWA’s other approach is educating orphans. The MNWA is fully staffed and manned by women, since it believes that women understand women better and also wants to encourage women to participate in the organisation’s work and assume leadership roles. The MNWA today is headed by 24-year-old Anita Kumari, a Kashmiri Pundit. Hashim Qureshi's dream is to build an orphanage, a work centre for the women, a school up to 8th class for the orphaned children, one computer centre and a dispensary (in which doctors coming from outside will occasionally examine the patients) under the auspices of MNWA http://www.jkdlp.org.

Return to Kashmir from exile

Hashim Qureshi returned to India after an exile of almost 30 years on 29 December 2000. He was immediately arrested at New Delhi's Indira Gandhi International Airport and was produced before metropolitan magistrate Gulshan Kumar, who remanded him to judicial custody till January 11, 2000.

Hashim Qureshi filed Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, challenging the magistrate's order on the ground that his detention was illegal and that he could not be retried as per the law as he was already sentenced to life by a Pakistan court and had served a prison term for over nine years. He later on withdrew his writ petition, because according to his counsel K.T.S. Tulsi, Qureshi had conveyed his wish that he was very anxious to go back to Kashmir. ``He wanted to go as a free man, but as it is taking so much time he has decided to withdraw, said Tulsi. Adding, that he came back to India to be in Kashmir, with his people. As he is not well, he thought it would be better to continue the case in J&K. Later on he withdrew his Habeaus Corpus petition in the Delhi High Court and was flown to Srinagar, Jammu & Kashmir on 12 January 2000.

In Kashmir he was again charged for the 1971 hijacking with wrongful confinement, robbery, kidnapping and criminal conspiracy. He was also charged with hatching a criminal conspiracy with hanged JKNLF's founder Maqbool Bhat under a section of the Enemy Ordinance Act 3. This accuses him of being a Pakistani agent. Ironically he was charged under the same ordinance in Pakistan during the hijacking trial, which accused him of being an Indian agent. Maqbool Bhat and Hashim Qureshi are the only two Kashmiris who have been charged under the Enemy Ordinance Act in Pakistan as well as India.

Double jeopardy

In Pakistan, Mr. Hashim Qureshi was sentenced under Section 3 of Official Secret Act for 14 years, under Section 342 for one year, under Section 435 for 2 years and under Section 120-B for 2 years in connecting of hijacking an Indian plane from Srinagar to Lahore. In all he was given 19 years imprisonment. In India cases were registered against him under Act 3 of Enemy Agent Ordinance, under Section 365, 120-B, 435 and 392. Whereas in another case Satnam Singh, who was one of the five Dal Khalsa men who hijacked the Indian Airlines plane on September 29, 1981 was acquitted upon his return from Canada in 2000 of all charges, because he had already been convicted and sentenced in Pakistan http://www.tribuneindia.com/2000/20000224/punjab.htm#26.

Leading advocates of India, including K.T.S Tulsi, Muzaffar Hussain Baig, Riyaz Khawar and Riyaz Jan have advocated that this case is a clear case of double jeopardy as a person cannot be tried twice for the same offence nor can he be punished a second time. Under Clause 7 of Article 20(2) of the Indian Constitution, a person cannot be prosecuted for the second time for the same offence even if the person has been tried for the same case in some other country. Still the J&K Government has re-opened this case against Mr. Hashim Qureshi and the prosecution has named around 30 witnesses in the case of which so far three witnesses have been produced in court http://www.risingkashmir.com/?option=com_content&task=view&id=21575,http://www.tribuneindia.com/2001/20010108/edit.htm#5, http://www.outlookindia.com/diary.asp?fodname=20010917&authorname=Sadia+Dehlvi&subsubsecname=Srinagar.

Supporters and well wishers of Mr. Hashim Qureshi have started an online petition campaign on OnlinePetition.com, stressing the Chief Justice of India to look into this matter. Mr. Hashim Qureshi has written a detailed write-up of his experience with the Indian judicial system, which can be read on his Facebook page http://www.facebook.com/notes/hashim-qureshi/indian-democracy-justice-and-we-the-kashmiris/333581623568, his personal Blog http://hashimqureshi-jkdlp.blogspot.com/ and his party's website http://jkdlp.org/indiandemocracy.html.

Political life in Jammu and Kashmir

Hashim Qureshi spent a year in Hari Niwas jail in Srinagar and was released on bail in December 2001, because of health issues on the condition that he may not indulge himself in anti-state activities. He is still facing trial in the hijacking case and regularly has to attend court. Despite legal compulsions he has kept himself busy in finding a peaceful solution for the Kashmir issue. He was the only separatist Leader who attended two of the three Round Table Conferences organized by India and chaired by Indian Prime Minister, Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...

. He has also attended numerous conferences and debates about Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...

, terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

, democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

 and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 in the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...

 in Bruxelles and at United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 in Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...

.

The Jammu Kashmir Democratic Liberation Party (JKDLP) organizes huge demonstrations, rally's and blood donation camps regularly and has proved itself a major and significant force in Kashmir's separatist politics. It still thrives to unite all the separatist parties in order to form a united platform. Recently while demonstrating against the Amarnath Land Transfer issue and human rights violations in Shopian, he was detained along with his party workers at different police stations in Srinagar
Srinagar
Srinagar is the summer seasonal capital of Jammu and Kashmir. It is situated in Kashmir Valley and lies on the banks of the Jhelum River, a tributary of the Indus. It is one of the largest cities in India not to have a Hindu majority. The city is famous for its gardens, lakes and houseboats...

. He wrote an extensive letter to the Indian media, on its silence about the Amarnath Land Transfer http://www.jkdlp.org/open-letter.html. Besides his political activities he is an ardent writer and is a permanent columnist for Kashmir's renowned Urdu weekly, "Chattan". He writes on social, cultural and environmental issues. He has written three books in Urdu and one in English (Kashmir: The Unveiling of Truth, ISBN 81-85199-71-X http://www.saujanyabooks.com/details.aspx?id=7831 and is currently writing his second book in English, titled 'Kashmir: The Undeniable Truth'http://hashimqureshi-jkdlp.blogspot.com/.
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