Legal Forum for Kashmir launches dossier on extra-judicial execution of under-trial prisoner Zia Mustafa; and holds discussion on ‘universal jurisdiction’ cases filed against India in UK
ISLAMABAD, Jan 21 (Asia Free Press): Legal Forum for Kashmir (LFK), an international advocacy group for Kashmir, on Friday, launched a comprehensive dossier, titled “The lies of Indian occupying forces on Zia’s involvement in militancy” on Zia Mustafa’s extrajudicial execution in a staged encounter at Poonch district, in Indian Occupied Jammu and Kashmir (IOJK).
Zia Mustafa, a 15-year-old from Rawalakot, Azad Jammu and Kashmir (AJK) mistakably crossed the Line of Control (LoC) on January 13, 2003 and was arrested by Indian Occupying Forces, according to the launched dossier.
The said dossier claimed, after Zia missing, the family members of Zia Mustafa lodged a missing report before the concerned police station.
After lodging the missing report, the army and JK police led by the then DG Police A.K.Suri gave a joint press conference to the Indian media on 11-04-2003, where projected and presented Zia as a foreign militant, involved in so-called terror incident, the dossier comprised.
However, it mentioned in the dossier, that Zia was a minor when he crossed over the border unintentionally and was later falsely implicated in militancy by the Indian forces and agencies.
The dossier further states that the trial court in Shopian, Kashmir framed charges against Zia under sections 302, 120b, 450, 395, of IPC; 7/27 PACT ; 2/3 IMCO However, the state out of prosecution witnesses failed to produce a single piece of evidence against Zia and the court then closed the prosecution evidence.
The State of Jammu and Kashmir filed a criminal appeal before the J&K high court Srinagar wing, which was meritless and accordingly dismissed by the court, the dossier further comprised.
The state again approached the supreme court of India and filed a criminal appeal 39899/2018 with the condonation of delay application which is still pending, according to the dossier.
Zia’s lawyer Mubashir Gattoo, while talking to local media said, Zia an undertrial for 17 years was facing a case before session’s court, but there was no evidence for his conviction, it highlighted in the presented dossier.
The dossier also highlights the extra-judicial execution of an undertrial who was in a judicial custody when the joint counter insurgent group including Indian army without following the mandate of law took Zia outside the jail and killed him in a staged encounter.
The dossier also revealed the important documents showing Zia a minor boy at the date of his arrest, moreover, the prisoners list exchanged by the foreign offices listed Zia an undertrial prisoner.
The dossier also highlights the 111 fake encounters and the alleged perpetrators involved in these war crimes.
Meanwhile, LFK held a roundtable debate in Marriott, Islamabad, inviting law experts and key stakeholders on the ‘universal jurisdiction’ case submitted before the metropolitan war crime unit in UK.
The experts welcomed the efforts of Stoke White Investigation unit for filing a suit against Indian Prime Minister Narendra Modi, Home Minister Amit Shah and other six Indian officials responsible for torture and extra-judicial killing of the duo.
Dr Muhammad Mushtaq, former DG Sharia Academy, praised the remarkable work of Stoke White and also pitched for constitution of war crime tribunal for the crime against humanity in IOJK.
Hakan Camuz, Director Stoke White said, that he hopes the request to British police seeking the arrest of Indian officials will be followed by other legal actions also focusing on Kashmir.
The Director also added that Stoke White is sure this is not going to be the last one, there will probably be many more applications to come.
Khalil Dewan, Investigator Stoke White, said this is the beginning of Lawfare against India, LFK and Stoke are working for the last two years and will continue their criminal prosecution work against India.
Advocate Nasir Qadri, Executive Director LFK while closing the debate said, this is the beginning of Lawfare against the occupier.
He assured that his organization would further pursue the war crime cases on different available forums, so that the perpetrators involved are apprehended for their crimes.
Kashmir has faced worst human carnage for the last 74 years and International community can no longer be spectators to India’s atrocity crimes and impunity, Qadri further added.