But he appears to be in a hurry to achieve the objective. The release of Kashmiri separatist leader Masarat Alam, though may be justified, could have waited for some time and the coalition partner, BJP, convinced of the need of such action instead of keeping the central government in the dark. The BJP was embarrassed and its relations with the PDP were strained . The BJP-led government tried to hide its embarrassment at the action of its ally by quickly clarifying that it does not agree with the freeing of Alam who spearheaded the stone-throwing protests in 2010 that resulted in the death of more than one hundred persons.

Various reasons have been attributed to Alam’s release. It is said freeing of Alam predates Mufti’ government as it was taken in February this year when J&K was still under Governor’s rule. Moreover, it is an outcome of the fact that his detention order had expired and there were no legal grounds to hold him anymore. He has been arrested 13 times, charged 27 times, spent 15 of his 25 adult years in prison without having been found guilty on even one count by a court of law. This does not mean he is innocent. It means that guilt is difficult to prove in insurrectionary situations. How then he has to be dealt with? Some ways have to be found to dispense justice in a correct way. Political parties—PDP and BJP—would have to rise over their narrow political interests and act in national interest.

When the PDP-BJP government came to power, Alam was in prison under the Public Safety Act but the imprisonment was illegal because Omar Abdullah’s home minister had not ratified his arrest by the police within 12 days stipulated in the Act. So Mufti was faced with a difficult choice on his very first day in office. He could respect law and release Alam, or he could arrest him on some trumped-up charges as he left the courtroom after the High Court order had set him free. The first risked bringing down his government, but the second would have shown him as a stooge of Delhi. This would have destroyed the trust he needs of his people to have in him, to implement his agenda for bringing peace to the state.

Alam’s court date was known. His release could have been anticipated. Mufti had time to warn his Deputy CM, if not the entire cabinet, and explain his compulsions to them and to Delhi before asking the police not to re-arrest Alam. Neither would have been happy, but neither would they have felt betrayed.

Demand is being made to re-arrest Alam. One wonders if this would be a wise move and, possible in the prevailing circumstances. Instead of seeking to annul the release of Alam, the central government would be better advised to keep him under close watch. New Delhi must also continue to push for a comprehensive dialogue on a solution to the Kashmir issue, keeping in view the democratic aspirations of the people of J&K.

A regular review of cases of people detained under the Public Safety Act, to determine whether they continue to remain in prison without being charged, should begin right away. At the same time, the government must not release those held for serious crimes such as murder; or those who have definite terrorist inclinations that can disturb the situation in the state.

Masarat is a hard boiled separatist and it may be difficult to reform him. He is a former missionary student, a Bachelor of Science and speaks fluent English. His single point mission is independence of Kashmir which will neither be acceptable to India nor Pakistan. Sensible people in Kashmir feel that independence, which means of the valley, (because of the people of Jammu and Ladakh will in no case secede) is impractical. Such a tiny state, if created, would not survive.

Asked now that he has come out of the jail, what are his plans?

There was no remorse in Masarat’s reply. “I have come out of a smaller jail to a larger one. We will continue to cherish our dream of freedom. We are in a forum led by Syed Ali Shah Geelani. We will discuss our strategy”, he said. Masarat is indeed beyond reform and the Mufti government has to find novel ways to deal with him. (IPA Service)