LFK launches dossier on extra-judicial execution of under-trial prisoner Zia Mustafa & hails efforts put by partner Stoke White law firm

ISLAMABAD, Jan 21 (SABAH): Legal Forum for Kashmir (LFK) launched a comprehensive dossier on Zia Mustafa’s extrajudicial execution in a staged encounter at Poonch Indian occupied Jammu and Kashmir. The dossier exposes the lies of Indian occupying forces on Zia’s involvement in militancy.

According to the dossier, Zia Mustafa 15-year-old from Rawalakot AJK inadvertently crossed the LoC on January 13, 2003 and was arrested by Indian Occupying Forces. The family members of Zia Mustafa lodged a missing report before the concerned police station. While the army and JK police led by the then Director General J&K Police A.K.Suri gave a joint press conference to the Indian media on 11-04-2003 projected and presented Zia as a foreign militant, involved in so called terror incident. However, the dossier reports that Zia was a minor when he crossed over the border unknowingly and was later falsely implicated in militancy by the Indian forces and agencies.

The report further states that the trial court in Shopian, Kashmir framed charges against Zia under sections 302, 120 b, 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. Accordingly, the court 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 state again approached the supreme court of India and filed a criminal appeal 3989/2018 with the condonation of delay application which is still pending.

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”.

The dossier 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 inviting law experts and key stakeholders on the ‘universal jurisdiction’ case submitted before the metropolitan war crime unit in UK. The experts hailed 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.

Hakan Camus head of Stoke White hoped the request to British police seeking the arrest of Indian officials will be followed by other legal actions also focusing on Kashmir. We are sure this is not going to be the last one, there will probably be many more applications.

Professor Dr. Muhammad Mushtaq former Director General Shariah Academy eulogized the remarkable work of Stoke White and also pitched for constitution of war crime tribunal for the case of war crime and crime against humanity in IOJK.

Towards the end, Executive Director Legal Forum for Kashmir Nasir Qadri said, this is the beginning of Lawfare against the occupier and his organization would further pursue the war crime cases to different available forums so that the perpetrators involved are apprehended for their crimes. He further said that 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.