Though Personal liberty and freedom of speech and expression can’t be taken away from any individual or group of individuals not becoming threat to public order, but the Government in Jammu & Kashmir not only curbed the personal liberty of commoners but also of the political leaders who headed popular governments in Jammu & Kashmir for months together. While some political leaders were released and kept under house detention thereafter, the Government slapped draconian public safety act (PSA) on three former chief ministers one of whom is also a sitting parliament members and many of their colleagues and rivals. Detaining few and releasing the majority of leaders under similar charges is not though permissible under law but the Jammu & Kashmir flouted all norms of democracy and rules of detention to prolong the detention of three former Chief Ministers and many of their followers and rivals. While one of three former chief ministers has been released after seven long months of detention under Public Safety Act (PSA), the government has choosen to prolong the detention of two more chief ministers and many of their followers and rivals under PSA without any rhyme or reason. Ironically the political detainees released so for are under house detention and as such are barred from carrying out any political activity.
Selective decisions won’t create regional divides in Kashmir the way ruling party at the centre likes for the purposes of its own political agenda in the post Article 370 abrogation scenario in Jammu & Kashmir as politics is all about elections not selections.
Though government knows it very well that political speech cannot be declared prohibited under law of the land unless it constitutes a direct threat to public order, but it has kept under house detention most of the leaders released recently just to deny them the right to freedom of speech and expression declared a fundamental right even in the constitution of India. Imposing unwarranted restrictions on political leaders who seek peace for the purposes of the restoration of political activities shows the government’s disrespect to democracy, free will of the people and personal liberties of even the elected representatives. Barring a parliament member from attending the proceedings of the parliament without fulfilling the conditions of legality and proportionality as required under law shows the government’s disrespect to the personal liberty of even the elected representatives of the people in Jammu & Kashmir. Political wisdom demands that government releases other detained leaders also to further the purposes of the restoration of peace and political process in Jammu & Kashmir. Selective decisions won’t create regional divides in Kashmir the way ruling party at the centre likes for the purposes of its own political agenda in the post Article 370 abrogation scenario in Jammu & Kashmir as politics is all about elections not selections.