'I Was Framed ... Only Because I Am A Kashmiri Muslim'

Text of the statement issued by S.A.R. Geelani

New Delhi 
August 4, 2005 

I have been accused of being a part of a conspiracy to attack the Indian Parliament. I was arrested,tortured and put in solitary confinement. From the start I maintained that I was innocent and that thepolice was trying to frame me. I was sentenced to death on December 18, 2002. It is true that the DelhiHigh Court acquitted me. And today the Supreme Courthas upheld the High Court's decision. Naturally I am happy to be free man but I do not think an acquittalof an innocent man is a cause for celebration. I think it is a time for reflection on why he was framed andsentenced to death without evidence.

I would like to use this occasion to reflect on my experiences and share my thoughts on why I was framed.I am a teacher by profession and it is the job of a teacher to always reflect on his experience and drawthe right lessons from his experience, without anger or bitterness. That is what my statement seeks to do.

The Kashmir Question

I am a Kashmiri. I have grown up surrounded by the awesome beauty of the snow-clad mountains and themagnificent Chinar trees. However, when I think of the Valley, it is not the beauty that I remember.My life, like the lives of other Kashmiri people, has been inextricably linked to the conflict thathas torn apart our land. I have seen young men with broken bones and marks of torture buried by grievingparents. I have seen the pain in the eyes of women raped and the anguish of parents who cannot save theirsmall children from hurt. I have seen my own children growing up with nightmares instead of dreams.

I do not write these words with any bitterness. I have no personal animus against any of the policemen,judges or jail authorities that have been the cause of my suffering. I believe they are all part of thesystem that has been responsible for the pain and grief of many Kashmiris. I have not suffered any more thanother Kashmiri men have in my generation. I was illegallyarrested and tortured. So have many other thousands of Kashmiri men. I was framed in a false case. This is truefor so many other Kashmiris who are even now languishing in the same jail that I was lodged. I have been on deathrow for less than a year but there has been an attempt on my life. I am lucky because I have survived but so manyKashmiris have been killed in false encounters even in Delhi, the capital of democratic India.

My experience has given me an opportunity to see closely the working of Indian democracy and its institutions.And I think the rise of communal-fascist forces along with the so-called war against terrorism has seriouslyundermined the basic foundations of Indian democracy. 

On the day I was released from the jail and I addressed my first media conference I said that I believe there canbe no lasting peace in this region unless the Kashmir question is resolved. And the resolution to the conflictcan only be achieved through political negotiations. My statement angered many people, even those who areknown for their commitment to democratic values. My supporters and I were called "Spoilers of the peaceprocess". The writer seemed to imply that my speakingof Kashmir would endanger the Indo-Pakistan peace process.I do not understand why he should apprehend this.

Kashmiris want that Indo-Pakistan friendship because without that there can be no realdevelopment of Kashmir. But the pre-requisiteto this is that both India and Pakistan takeinto account the aspirations of the people ofJammu and Kashmir. The Kashmiri people's movementfor self-determination is not a reflection of thewishes of one individual, organization or party.Let us take the example of Sheikh Abdullah, thetallest of the leaders to emerge from Kashmir.He led the movement for years, he was imprisonedand finally he capitulated by signing the agreementin 1975. Fourteen years later, the people of Kashmironce again rose up in revolt against injustice andpolitical dominance.

It is indeed disturbing that even those academicsand intellectuals who campaigned for my acquittalfelt uncomfortable when I reiterated my stand thatthere can be no permanent solution to the Indo-Pakistanconflict without taking into account the interests andaspirations of the Kashmiri people.

Role of intelligence agencies

You will ask me why I am talking about general issuesinstead of my own case. The reason is that I cannotlook at my experience apart from that of the Kashmiripeople. I believe I was framed in the Parliament attackcase only because I am a Kashmiri Muslim. And theintelligence agencies had a hand in framing me.

Kashmir question is a political question and it mustbe resolved through political negotiations, not byintelligence agencies. These intelligence agencies havesystematically destroyed the credibility of individualsand organizations through their disinformation campaignthrough the media and when this does not succeed, theyhave tried to buy people and if that does not work therehave been attempts to eliminate the Kashmiri who does notsuccumb.

The intelligence agencies have created such a viciousatmosphere that they do not want even the pro-Indialeadership to have credibility in the eyes of theirfellow Kashmiris. They seem to be interested increating a political chaos so as to enhance theirown insidious role.

International human rights organizations have beendocumenting the extra-judicial executions, falseencounters and widespread torture used in Kashmir as a part of State policy. The attempt to breakthe will of the people through such methods onlyreflects a bankruptcy of politics and willultimately harm the democratic foundations of Indian polity.

There have been at least three attempts to eliminateme, twice while I was inside the Tihar jail and oncewhen I was shot on February 8, 2005. There has been noinvestigation into these attempted crimes. I believethe reason is that all three attempts on my life wereengineered by the intelligence agencies. My colleagues,lawyers and supporters all have expressed the same fearand they even held a demonstration outside the Policeheadquarters on February 9, 2005. However, there is nomechanism to hold the intelligence agencies accountableto the people.

Role of the police and judiciary

I have had an opportunity to closely see the workingsof the courts and the police. What is most disturbingis that when the police violates procedures and evenguidelines laid down by the Supreme Court the trial isheld legal. For instance, the police forged my arrestmemo and told lies on oath about my arrest. I was deniedaccess to a lawyer, and almost all safeguards with regardto arrests and detention were flagrantly violated. Evenmy two small children were arrested and detained forseveral days. Senior advocates have expressed theirconcern about the way the basic principles of criminaljustice system have been sabotaged.

It is true that the Delhi High Court acquitted me butthe judgement did not pass any strictures on the lowercourt judge. The High Court observed that the police hadforged documents and fabricated evidence but did notpunish them for framing an innocent man. I know many ofthe people from the University community were very unhappywith me because I criticized the judiciary on my release.And today when I stand acquitted by the Supreme Court theywould perhaps advise me to acknowledge the fact that theIndian judiciary is independent. I have not yet read theSupreme Court judgement so I do not know what the judgementhas to say about the police, the sessions judge or theprosecution.

Kashmiri prisoners and detainees

But the fact remains that there are many Kashmiri prisonersin various jails all over India. I know many of the prisonersin Tihar jail have been framed. Some of them have not beengiven a chargesheet, while others are waiting for severalyears for their trials to begin and almost none of themhave the benefit of competent legal advice. I believe myco-accused Mohammad Afzal also did not have proper legalassistance. How can a man be condemned to death or lifeimprisonment without being satisfied that he had beengiven a fair trial? Who will compensate for the traumasuffered by Afsan Guru who had to give birth to her firstbaby in jail? Her acquittal after two years of jailcannot bring back her dream of having a home and a family.Her husband will languish in jail, the son will livewithout his parents and we can only imagine how thechild will cope as he grows up.

There are so many young Kashmiri students who are injail and are released without even a chargesheet beingfiled against them. They cannot go back to theeducational institutions after their release. Theirhopes of a professional career shattered.

Role of the Media

I believe the media has a crucial role to play inprotecting and preserving democratic institutions.Unfortunately my experience has shown that the mediais no longer free. I do not know how far this is areflection of self-censorship or a reflection ofcorporatization.

I believe the media is to a large extent responsiblefor the sufferings of the people of Kashmir. Theyhave built an image of the Kashmiri Muslim has becomesynonymous with terrorists. It was with the help ofthe media that the police were able to carry out apernicious campaign against me in the first few daysafter my arrest. Zee television made a film whichmade allegations against me that even the policehave not made in the court.

Even after there was an attempt to assassinate me,the media attacked me for not giving my statementto the police. At that time, I was lying with varioustubes stuck in my body, my wounds not stitched andI had not yet drunk water. On the pretext that I waspurposely delaying giving my statement and my doctorswere not co-operating, the Delhi Administrationappointed another doctor's team which included apoliceman to examine me again. And I was subjectedto humiliating examination even though the AIIMSdoctors had made it clear that I was not in a fitcondition to make a statement.

After I gave my statement to the police stating thatI believe that the attack on me was the work of theSpecial Cell, the police tried to frame me once again.They took away my computer hard disc and sent it tothe CFSL Lab in Ahmedabad. I do not know what theCFSL report states but I fear that those who policeor intelligence agents who have tried to eliminateme in the past will try to frame me once again.The media has carried more reports on allegationsmade by the police than tried to find out who wasbehind the attack on me. Recently, a newspapercarried a story that the attack on me was thehandiwork of Chota Rajan and IB.

Instead of attempting to investigate into thereality, the media carried on making allegationsagainst my family members, friends and supporters.I want to ask you, media persons today, do youthink that you have been fair to me?

Civil Society

I feel overwhelmed by emotion when I think of thenumber of men and women who have supported thecampaign for my acquittal. Individual teachers,students, civil right activists and many Indiancitizens scattered all over the country. I havehad very moving letters from many people expressingtheir warmth, their best wishes and giving me theirblessings.

The fact that the Defence Committee could actuallybreak through the wall of prejudice and hate andreach out to people all over the country is areflection of the fact that there is some democraticspace left within which we can work.

A small group of citizens gathered together todefend me and launched an all India campaign formy acquittal. I did not know many of them personally.I believe these men and women fought not only for thecivil liberties of an individual but for Indiandemocracy. Teachers of Delhi University and JawaharlalNehru University sent an Open Letter to the ChiefJustice of India expressing their concern that I wasbeing denied a fair trial.

As I said, all those who campaigned for my acquittaldid so because of their own commitment to democraticvalues, justice and freedom. But many of those men andwomen have become my friends and have provided mecomfort and love. To each of them individually and toall my friends, supporters and family, I would liketo extend my heartfelt thanks.

Acknowledgements

I know many people have hoped and prayed for myacquittal. In Kashmir, the people had a three-daybandh when the Sessions Court sentenced Afzal,Shaukat and me to death. It was a mark of theirsolidarity with their fellow Kashmiris. And Iwas overwhelmed by the warm welcome I was givenfrom the people in Baramulla.

I would like to thank the All India DefenceCommittee for SAR Geelani for their support andsolidarity, especially when many of them did notagree with my political stands. The DefenceCommittee played a crucial role in getting medefence witnesses and reaching out to people allover the country.

I would like to thank the teachers of DelhiUniversity who campaigned for my acquittal andfought the fascist communal forces who were tryingto get my services terminated even before the trialhad begun. Many of these teachers had to fight theirown teachers unions in order to support and campaignfor me. The Delhi University Teachers Association(DUTA) had a one day bandh to protest against theattempt to assassinate me. My warm thanks to mystudents who stood by me even in the first few daysafter my arrest. Members of the non teaching staffin my college have been very kind and shown theirsupport in many ways.

I would like to also thank members of the teachingcommunity in other universities who have supportedthe campaign for my acquittal including JawaharlalNehru University, All Bengal University TeachersUnion (ABUTA) and teachers in Jamia Milliya Islamia.I would like to especially mention the studentswho donated their blood when I was shot.

I have not forgotten my friends in Tihar jail whohave preserved their humanity in the brutalizedworld of jails, torture and injustice. Many ofthem put their own lives in danger to save me frommurderous attack, provided me with comfort andsolace. I promised to do something for the prisonersand detainees when I was acquitted by the High Court.A group of wonderful friends have helped me keep thatpromise by forming ourselves into a registeredSociety for the Protection of Detainees and Prisoners'Rights (SPDPR).

I would not be acquitted if it had not been formy lawyers, Mr Ram Jethmalani, Kamini Jaiswal andN D Pancholi. I would not be alive had it not beenfor the doctors and medical staff of AIIMS.

I would like to express my special thanks to myfriend and colleague Kumar Sanjay Singh, my lawyerNandita Haksar and her husband Sebastian Hongrayfor their friendship, love and solidarity.

I have been lucky because my family members havestood by me. My two children, Nusrat and Aatif havekept up my morale in the days I was in solitaryconfinement. The only way I can effectively protectthem is to dedicate my life to fighting for the causeof truth, justice and democracy so that we can togetherwork towards building a better world.

Sayed Abdul Rahman Geelani 
New Delhi 
August 4, 2005