The power to take a person into custody seems an evitable character of the very conception of a state. This tremendous power needs strong checks to ensure that the exercise does not turn tyrannical and despotic. Communication of the reason of arrest, information to relatives and friends as to the place of detention, production before an independent judicial authority, right to adequate legal help, right not to be tortured in custody, presumption of innocence and a fair trail are some of the checks placed on the power to take into custody.
The enforced Disappearances in Kashmir started in 1989, following the outbreak of armed conflict. The heavy deployment of security forces as part of the effort to suppress the movement for independence has contributed fundamentally to this problem.
This is the story of a lost cricketer of varmul town who was arrested by 50 B.N C.R.P.F. and later he was disappeared in custody. Being a writer it was a very tiring job for me to script the story of this cricketer.
FAYAZ Ahmad Gashroo. S/o Ghulam Ahmad Gashroo. R/o Khawaja Bagh Baramulla. Aged: 20. Occupation: Student. Fayaz was a bold person, well built and tall. His brilliant performance in the cricket fields did win him fame but not enough to seduce a writer to write the biography of fayaz. Fayaz was often seen on the front pages of the local dailies before 1990 for his performance in cricket but in 1990 his news rocked the Kashmir dailies, it was not because of cricket, the game that gave him fame and for which he donated his whole life for, but he was in news because of his mysterious disappearance in custody.
Fayaz a B.A. final student and a brilliant cricket player was arrested by CRPF 50th battalion personnel’s headed by commandant kirpal singh took him to some unknown camp. We remained unaware of this unfortunate incident says Fayaz’s elder brother. After about 20 to 30 days some people informed us about the arrest but we were unaware what has done with Fayaz. It was the unfortunate Saturday of our life on 19th may, 1990, when on the day he was arrested near court complex sopore on the way from his relatives to home.
Cricket is called the gentleman’s game and Fayaz proved it. He always respected the game as it was his profession now. He had played various ranji trophies representing Jammu and Kashmir. The trophies and medals that he won for his best performances in cricket lies in his home. One of the friend and his team mate said, He was crazy of cricket, an all rounder. He was named as Fayaz Marshall because of fast bowling style like of West Indian seemer Malcolm Marshall. He was our team captain representing B.C.C blues; He always smashed the ball by his bat on the hill or the national highways which lies in Government boys college baramulla’s ground. He was a great sportsman but this unfortunate event lost our hope on cricket now.
Fayaz’s home people neither filed an F.I.R nor a writ petition because of the force that was made on them by security forces that was made on them by security forces. Instead they approached kirpal singh, the commandant of crpf, who first accepted that he had arrested fayaz, later refused so. He could not satisfy Fayaz’s home people. The home people of fayaz managed to get a letter from higher official of CRPF. This irritated the kirpal singh who later denied the arrest. However scores people witnessed kirpal singh arresting Fayaz on that fateful day but kirpal singh did not accepted their argument. A letter no: SCB/2106, dated 24/9/1990 from special commissioner baramulla directed the then director general of police to provide necessary information to the relatives of the whereabouts of Fayaz. Another letter from district magistrate baramulla no: DPB/242/3rd/90, dated 24/9/90 to the additional chief secretary (home) J&K government to release Fayaz Ahmad Gashroo, but all in vain.
The high-up in the administration were approached but they could not render any help. The search of Fayaz still continued. Fayaz’s home people says, Every jail, interrogation center was searched but fayaz was not found. Fayaz’s Home people met the international Red Cross team during their visit to the valley. They assured Fayaz’s relatives that proper step will be taken but all in vain.
From pillar to post the search of fayaz is still going on, as we have not received his mortal, we cant declare him dead, he is alive in our hearts, it seems that in next minute Fayaz will come home back from the cricket ground as he told his mother that he going to play cricket match in nearby ground, these are the words of his old mother. In an interview to some journalist in mid 90’s, Fayaz’s elder brother said, “if fayaz was a militant, the democratic Indian government should have challaned him and tried him in an open court as required by Indian law itself. They arrest Kashmiri’s for violating laws, aren’t they violating the laws themselves by resorting to such mean practices”.
Two decades has passed but the whereabouts of Fayaz is still missing. The family of fayaz faced hardships during 90’s. Each brother of Fayaz was tortured by security forces, because they were the brothers of Fayaz and they were trying to find their loving and little brother.
A person namely Kaship Shawl (name changed) who was arrested during these days when Fayaz was also arrested, luckily kaship escaped from the prison who informed the family members of Fayaz that he lost his life in the interrogation center while CRPF personnel’s tortured him. Since from that day family member of Fayaz used to 19th may as the black day in their lives, because they don’t know the exact day when he was killed, but they used the day when he was arrested.
Several human rights organization tried to highlight the issue of fayaz but they were handcuffed. In March 2007, India’s most noted journalist and the editor of NDTV, Barkha Dutt came Fayaz home to cover the story of Fayaz, no doubt Fayaz’s issue was telecasted on national channel but the agencies involved in this incident remained dumb as they don’t have the words to explain the issue.
Enscipting these stories of the youths of Kashmir who disappeared wont bring them home back, but we are just trying to sympathize with the families of those people, giving assurance that their loved ones and their issues has not been thrown in dustbin. Elder brother of Fayaz told Barkha Dutt that if Fayaz is alive he will come home some day but if he is dead we will meet him in the next world after death (HEAVEN). After along breath taken by the family members of Fayaz, they said excuse me and thank you and rest leave us on our situation…
