Basic rights in country have now become luxuries, entitlements: Mehbooba Mufti writes to CJI
Dec 31, 2022
New Delhi [India], December 31 : Former Chief Minister of Jammu and Kashmir, Mehbooba Mufti wrote to the Chief Justice of India DY Chandrachud saying that basic rights in the country have now become "luxuries" and "entitlements" bestowed upon only those who toe the government's line on political, social and religious matters.
Writing about the prevailing situation in the country, especially in Jammu and Kashmir, she referred to CJI's recent observations on the inability of the lower judiciary to grant bail in ordinary cases.
The letter also alleged that the trust deficit and growing alienation have only widened in Jammu and Kashmir since the scrapping of Article 370 in 2019.
"I write to you with a deep sense of concern and worry about the prevailing situation in the country especially J&K. Your recent observations on the inability of lower judiciary to grant bail in ordinary cases in a functioning democracy as ours should have been adopted as a directive rather than just being consigned to a single column story churned out in newspapers," the letter stated.
Peoples Democratic Party president Mufti said the fundamental rights enshrined in the Indian constitution and guaranteed to all Indian citizens "are being brazenly impinged upon".
"Unfortunately, it is these basic rights that have now become luxuries and entitlements bestowed upon only those select citizens who toe the Government's line on political, social and religious matters," she said.
The letter also said that "more worryingly, to those who actively contribute and not obstruct GOI's idea of an India, where its strengths of diversity, religious pluralism and tolerance must be weeded out and crushed to lay the foundations of a one religion nation where minorities are relegated to the social, political & economic fringes,"
Since 2019, the fundamental rights of every resident of Jammu and Kashmir have been suspended arbitrarily and the constitutional guarantees given at the time of its accession were suddenly and unconstitutionally abrogated, it further alleged.
"As far as J&K is concerned, the grip of GOI's iron-fisted policy is being justified in the name of national security and interest. Since 2019, the fundamental rights of every resident of J&K have been suspended arbitrarily & the constitutional guarantees given at the time of J&K's accession were suddenly and unconstitutionally abrogated," she wrote in her letter addressed to the CJI.
She went on to write that in any civilised society, upholding the truth is the norm but in Jammu and Kashmir, the freedom of expression and speech to state the obvious has become the biggest casualty.
"Draconian anti-terror laws like; UAPA is slapped ruthlessly on flimsy and trivial grounds. All government agencies ED, NIA or CBI are used to hound businessmen, political leaders and even youngsters. Hundreds of our youngsters are languishing in jails outside J&K as undertrials. Their condition is exacerbated since they belong to poor families who lack the wherewithal to get legal aid and in such circumstances, the least humane decision this government could take is to shift them to J&K," the letter said.
Expressing her displeasure over the way the journalists are being treated, Mufti wrote that journalists are being jailed and even prevented from flying out of the country.
The only member of hope in these bleak circumstances is the judiciary which only can right these wrongs, the letter stated, adding, that it saddens her to say that so far our experience with the judiciary has not inspired much confidence.
