report on 'policy and procedure for return of ex-militants to jammu and kashmir state

7/28/2019 Report on 'Policy and Procedure for Return of Ex-Militants to Jammu and Kashmir State'

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ReportonPolicy and Procedure

for

Return of Ex-Militants to Jammu and Kashmir State

Report Prepared by

PANUN KASHMIRReleased by:

Ashwani Kumar Chrungoo, President, Panun Kashmir

4th June 2013, Jammu-IndiaContact Details

0-9419141214 / 9419859983

Email: [email protected]


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Policy and Procedure for Return of Ex-Militants to Jammu and Kashmir State(As formulated by the J&K Government in November 2010)

Policy and its Execution: An Issue of Grave

Concern...?

1. The Government of Jammu and Kashmir formulated a Policy for rehabilitation of the

so-called Ex-Militants who had crossed over to POK/Pakistan for training in terrorism

between 1.1.1989 and 31.12.2009.

2. This policy was implemented by the State government in concurrence with the

government of India immediately after its announcement.

3. Notwithstanding the opposition to the policy by political, social and other groups in the

state and in the country, the government went ahead in this regard. There was a serious

concern expressed by these groups that this Policy would ultimately lead to the reversalof all the gains achieved by the security forces over the years in Jammu and Kashmir

state.

4. The Policy lays down a complete procedure to facilitate the return of the ex-militants

who crossed the borders in Kashmir for arms training in Pakistan/PoK. The policy

envisages that these terrorists must have undergone the following:-

a) Giving up of insurgent activities,

b) Change of heart and

c) willingness to return to the State

5. The procedure for return includes the active involvement of:

a) Police

b) CID

c) Central Intelligence Agencies

d) RAW

e) Army

f) Security forces

g) Government of Jammu and Kashmir

h) Joint Secretary (Kashmir), Ministry of Home Affairs, New Delhi

i) Ministry of External Affairs

j) Bureau of Immigration

k) High Commission of India in Islamabad and

l) The parents of the returnee

6. As per the reports that have been published in the print media, the latest situation on the

subject is as follows:


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(Based on the governments reply in the Assembly)

[241 militants have illegally returned to their homes in the state from Pakistan

occupied Kashmir (PoK) while another 3,974 militants are still living across theborder in Pakistan and PoK. During the past three years and the current year up to

15th February, 241 ex-militants/terrorists have returned illegally via Nepal and other

routes along with their family members, Chief Minister Omar Abdullah who also

holds the portfolio of the Home Minister said in a written reply to the question of a

member in the Legislative Assembly. Reportedly around 3,974 ultras are still living

in PoK and Pakistan (across the border), the reply reads. However, none of the

returnees has returned through the routes identified by the state government in its

policy for rehabilitation of militants living across the LoC. No Ex-militant has

returned from PoK to the state through the identified routes under the policy and

procedure for return of ex-militants to J&K State notified by the state government, it

adds. According to the written reply from the Chief Minister, 29 militants have

returned to state in the year 2010 out of whom, 5 have brought their wives andchildren along with them while as out of 54 returnees in 2011, 16 have brought their

wives and children along with them to their homes in the state. Similarly, in the year

2012, 150 ex-militants have returned home among whom 90 brought their wives and

children along while as in 2013 (up to Feb. 15, 2013), 8 ex-militants have returned of

whom 2 have brought their wives and children along with them. 1089 applications

have been received on behalf of the ex-militants/prospective returnees who are

willing to return under the aforementioned policy, out of these, 191 cases have been

recommended for return. The rest of the applications are being scrutinized and

verified, reads the reply to one of the clauses of the question. In response to a query

as to how much money had been spent on the rehabilitation of the ex-militantsreturning under the scheme, the reply says, Since no ex-militant has returned

through the identified routes in the aforesaid policy after fulfilment of the conditions

prescribed in the policy, they are not eligible for any assistance for their

rehabilitation. Therefore no assistance can be provided for their rehabilitation. The

state government will continue with the efforts for implementation of the policy to

facilitate return of youth desirous to return to the state under the aforesaid policy, it

adds. ]

Note: Here it needs to be mentioned that the policy does not confer any special

benefits or privileges available in the existing surrender/rehabilitation policy.

Moreover, no general amnesty is envisaged under this policy and instead, thereturnees would be duly prosecuted in cases registered against them which are of

serious nature.


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7. Certain senior officials of the government (who would not like to be identified) say the

rehabilitation policy has not worked properly due to a lack of coordination between the

J&K government, the Centre and Pakistan that has ensured that none of those who want

to return via designated places for surrender are able to do so. This is why the returnees

prefer the Nepal route that is not recognized under the policy. According to the policy,

those wanting to return under the policy have to apply for it through their relatives in

Kashmir. The state government eventually clears the applications in consultation with

Union Home ministry and intelligence agencies. Those who had crossed over between

January 1989 and December 2009 and their dependents are eligible for return under the

policy. An important source blamed the state government for encouraging the returnees

to take the Nepal route and surrender before the J&K police without taking the Union

home ministry and central intelligence agencies into confidence. Interestingly, Chief

Minister Omar Abdullah in March, 2013 told the state Assembly that None of the

returnees has returned through the routes identified,'' He also said that 1,089applications had been received under the policy.

8. Under the policy, three entry points JCP Wagah-Attari, Punjab, Chakan-da-

Bagh/Salamabad crossings (J&K) and Indira Gandhi International Airport, New Delhi

were identified for the return of the individuals where after verification, a record of their

arrival would be maintained.

9. The arrest of Liyaqat Shah has brought a number of new dimensions before the nation

about this policy formulated with a view to ensure change of heart. Some serious

issues have come up now which need to be confronted by the nation and the society as

fallout of this controversial policy.

10. Lakhs of 1947 refugees who are living in the state and are struggling for their

citizenship rights, compensation and voting rights for the last 66 years have been inprinciple sidelined by this policy while the ex-terrorists, their Pakistani wives and

children have been given preference over them. This is a very awkward situation that

the nationalist forces in the state have been put to by the powers that be.

11. The wives and children of the returnee ex-militants who are generally Pakistan citizens

and have been brought up in the Pakistan social set-up (where India-baiting is a

common cord), after entering India via an illegal route, envisage for them the following:

a) Relief, cash assistance, jobs and packages at the cost of public exchequer,

b) Grant of constitutional right to purchase and sale of movable and immovable

property in India and

c) Naturalization of citizenship in India.

12. The Procedure given in the Policy adopted by the government in the year 2010 for

rehabilitation has been given a complete good-bye by allowing the returnees to adopt

Nepal route. How and why the governments allowed illegal arrival of the so-called

ex-terrorists is a big mystery. It has not only put the Policy for rehabilitation into the

dustbin but has also allowed illegal immigration from Nepal to India.
http://timesofindia.indiatimes.com/topic/Omar-Abdullahhttp://timesofindia.indiatimes.com/topic/Omar-Abdullah


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13. Why Pakistan should give Passports to these people and how Nepal gives its visa to

them is another mystery. People having Pakistan Passports and Nepal visa need also

Indian visa to enter Indian borders (from Nepal route as well) but in these cases, no such

Indian visa has been issued to these people. Thus, this is a clear case of not only

illegal Immigration but also of illegal trafficking to which the government of India is

either a silent spectator or has some tacit understanding with the J&K government. Here

it needs to be emphasized that the procedure to adopt Nepal route illegally envisages

violation of a number of national laws, bilateral treaties and international conventions.

14. The people coming from Pakistan/PoK under the policy need to be put in the

Counseling Centers under supervision and surveillance for three months but no such

counseling Centers were established by the government. In fact, these people were

allowed to form Association and go for protests against the government demanding

various facilities and privileges.

15. It seems that the role of the intelligence agencies and the security forces has been

minimized to the lowest level on the subject and the role of Bureau of Immigration andHigh Commission of India in Pakistan has been brought to a naught. Whether the Indian

Embassy in Kathmandu is in the picture or not is another mystery.

16. One is reminded of the patronage given to the secessionist elements post Maqbool Bhat

execution in Kashmir, release of 77 dreaded terrorists in Kashmir in 1989 and release of

5 terrorists in return for release of Rubaya Syed in 1989. All these incidents were

followed by a substantial increase in terror related incidents coupled with mayhem and

generalized anarchy to which we are all witness. It further militarized the general

society and laid foundations for radical fundamentalism and grass-root level broad-

based terrorism in the Jammu and Kashmir state.

17. The relative improvement in the security situation in Jammu and Kashmir is largely dueto the following factors:-

a) Better border management techniques employed by the security forces,

b) Neutralization of terrorism in the areas under the control of security forces and

Village Defense Committees (particularly in Doda district) and

c) Overall sacrifices made by the valiant security forces in the line of duty.

18. For the last three to four months, a number of terror related incidents took place in

Kashmir in which a number of security forces were killed. Besides this, a number of

elected Panchs and Sarpanchs were also selectively targeted and killed by the terrorists

in Kashmir. Some fidayeen attacks were also carried out on security forces camps.

There is a general belief that these attacks might have been carried out by these ex-

militant returnees from PoK/Pakistan. There are reports that some of the returneeshave gone into hiding and are engaged in re-grouping in certain vulnerable areas.

19. The two and a half decades of terrorism has taken a heavy toll on the peace loving

people of J&K. The victims of terrorism are still without any concrete process of relief

and rehabilitation. The way in which the government has sought to facilitate the return

of the Ex-Militants would not only demoralize these victims of terrorism but would also

send a wrong message to the nationalist forces in the state. The younger generations in

the state would also be misled into the belief that anti-national activities and terrorism

have a premium in the Jammu and Kashmir state.


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20. There are reports that these militants upon return to Kashmir are lionized in big

functions with lavish feasts where anti-India rhetoric is at its peak (so much for the

change of heart). These functions are also attended by the leaders of the mainline

political parties of Kashmir. The Chief Minister of the state in on record to have

expressed his concern that the leaders of the PDP (political party) were in the forefront

in welcoming the recently returned militants which included the infamous Liyaqat

Shah.

21. The Jammu and Kashmir government has been vehemently pressurizing the government

of India to recognize the illegal immigration from Nepal route as a genuine passage

for the returnee ex-militants. This insistence of the J&K government creates a number

of questions and formally opens illegal flood gates for Pakistan citizens to settle in the

Indian Territory for ever as the first class citizens of India.

22. It is for the first time in the history of Independent India that an elected government is

not only helping illegal immigration but is also advocating for an illegal passage to be

recognized as the legal one and that too for the people who were/are directly connectedwith terror and anti-national subversive activities.

23. This policy has the potential to ultimately negate all the gains achieved in the control of

terrorism in the state over these years.

24. As such, this Policy and Procedure for Return of Ex-Militants to Jammu and Kashmir

State is highly questionable, and the situation demands that all the concerned respond in

an urgent and appropriate manner in the overall national interest!

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*Enclosures

The following enclosures are appended with the Report for ready reference to the latest

political and security situation (in Kashmir) especially in context of the subject.

The relative conclusions, with multifaceted dimensions, can be drawn accordingly.

1. Amar Ujala press cutting dated 16 April, 2013

2. Daily Excelsior press cutting dated 2 May, 2013

3. Amar Ujala press cutting dated 5 May, 2013

4. Daily Excelsior press cutting 16 May, 2013

5. The Tribune press cutting dated 25 May, 2013

6. The Tribune press cutting dated 29 May 2013


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The Tribune - 25 May 2013


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The Tribune - 29 May 2013

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