Open Letter to Governor

Ashok Bhan

The NHRC way back in 1995 in its historical full commission judgment,headed by Justice Venkatchallia an eminent Jurist and former Chief Justice of India- held the systematic/ planned ethnic cleansing inflicted on Kashmiri Pandits by terrorists that forced them to exit their homeland as -Acts of akin to GENOCIDE. Recently on the recommendation of State Administration the MHA while banning the separatists outfits described ethnic cleansing and purging of KPs as the principal ground to seal and ban the separatists/terror outfits operating in Kashmir.The admission by State administration and MHA through Union Home Secretary in public domain, media,social media and otherwise makes it obligatory for the Governor, Satya Pal Malik to accede to the probe demand of KPs.The exiled Kashmiri Pandits beseech to appoint a high level commission of inquiry.KPs have a very strong grounds for this persistent demand.
There are very strong grounds legally and otherwise to set up a Commission of inquiry headed by a retired Supreme Court Judge to be assisted by DGP, Director IB, Director CBI and DG NIA to probe into the heinous crimes of murders, loot, rapes, forcible land and properties grabbing of KPs and grabbing of Hindu religious endowments properties across the Valley.
This genuine demand of time bound probe is the least the State Administration can order instantly otherwise it will get blunted by political civil governments for their political proximity to all and sundry including the perpetrators of ethnic cleansing.
The subject of Jammu and Kashmir has become enveloped in a dense opacity with layer upon layer of distortions of history, self-serving myths and competing political interests.Peeling off these layers by revisiting history,without prejudice on the real issues involved, can only help in our search for a brighter tomorrow for Jammu and Kashmir.
The JK policy shall coordinate between what the country persues as domestic policy qua J & K as GOI, on one hand and the treatment of J & K as an issue in Indo-Pak relations and in India”s foreign policy in general .A coherent and effective policy on J & K must bring all these components together in an internally consistent manner.
The return of the exiled community back to Kashmir Valley with pride, is a matter of enforcing the Indian Constitutionalism and the moral and political position on Kashmir nationally and internationally. It is important to restore and protect multiculturalism, plural ethos and secular identity of our great Nation and J & K State.
Return, restitution and retention of exiled KPs as a concentrated religious Hindu Community shall be the real test of the will of the central Govt. and Governor’s administration. Kashmir imbroglio will not find any headway towards solution, unless KPs are rehabilitated and physically returned in the Valley and made part of every dialogue process as an important stake holder.
It is the constitutional and political duty of Govt. of India and the J & K Govt. to repatriate the entire exiled KP community back to their Homeland/ Valley of Kashmir with honor,decent living and pride.
It is the duty of Govt. of India and Governor’s administration to get the reasons and circumstances of ethnic cleansing through death and destruction unleashed by militants probed and fix the responsibility for killings of innocent citizens,the genocide and exodus of KPs.In these modern times of democracy and enlightenment it is pitty that KPs are left to virtually extinct away from their roots engraved in the soil of Kashmir Valley for more than 5000 years.
The Governor rule gives all the statutory strength to justice to this illustrious community living as refugees in their own country for 30 years.It is hoped that Govt.of India shall revisit K-policy by demonstrating the political will and large heartedness in dealing with K-situation and liberally fund the return,rehabilitation, relief and security of KPs back in the homeland/Kashmir valley.
KPs once again wish to remind you and through you the entire nation,what once former PM IK Gujral had stated “For the illustrious KP community, which has contributed a great deal in shaping the nation building to a democratic,progressive and secular INDIA,if the coffers of the country are to be emptied for them still that would be lesser a price.”
KPs beseech you sir as Governor to rise above the civil service advise/jargon while designing any package for return of KPs .The consultations with KP representatives becomes imperative for taking into account the entire gamut of the present and future problems.
KPs are a religious minority,it calls for due statutory recognition. Constitution of a State minority commission shall be one of the measure in this direction.
MHA being nodal ministry shall start a structured dialogue with KPs for designing a comprehensive time bound package for return and rehabilitation. It shall not take more than two to three years for its implementation.
KPs feel that if the exiled community is not repatriated back to home land with dignity and pride now, then it shall be never.The yearning to return is almost electrified by your honest passion to set right the affairs of the State.
(The author is Senior Advocate
and Chairman Kashmir policy
and strategy group)


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