Plea by jailed Separatist leader's daughter unites leaders across Kashmir's political divide
A daughter's appeal for better treatment of his jailed father on 'humanitarian grounds' has united the Valley's political leaders across the divide.
The appeal, made by jailed separatist leader Shabir Shah's younger daughter, has prompted reactions from the ruling National Conference to the rival Peoples Democratic Party (PDP) and Peoples Conference to Hurriyat. Shah has been in Tihar jail since 2017.
'This is not political. This is not anti-national. This is not against any country, institution, or government. This is only about my father's life. His health. His right to be treated with dignity. Is your conscience alive?' Shah's daughter Sehar Shabir posted on X.
'My father, Shabir Shah, has spent 38 years in prison. No conviction. No justice. Today, he is gravely ill. He has been advised multiple surgeries. Yet there is no proper care, no access to medical records, and not even a single phone call in two years which is a right every prisoner is entitled to,' she alleged.
The family has been kept away, she alleged.
In her appeal, Sehar claimed that her father has been advised surgery for 'possible prostate cancer' but his family is being kept away and 'not given access to his medical records for the last three years'.
Responding to her appeal, Srinagar MP and National Conference Leader Aga Ruhullah Mehdi has written a letter to Home Minister Amit Shah seeking immediate medical care for Shah.
'Shabir Ahmad Shah is now 70 years old. By every humane and legal standard, he is entitled to medical treatment with dignity and fairness. His doctors have recommended three surgeries for serious medical conditions which include life-threatening prostate cancer. Despite the gravity of his condition, he remains incarcerated since 2017, without family support,' Ruhullah said in his letter. '…Our country has legal and moral obligations, under both its Constitution and international treaties to ensure that prisoners are treated with humanity'.
Seeking fair medical treatment to undertrials, Ruhullah said that in Shah's case 'multiple obligations appear to have directly been contravened'.
'The Nelson Mandela Rules (Rules 24 and 26) mandate that prisoners must receive the same standard of health care available to the general population. In Shabir Shah's case, one can quote multiple such obligations that appear to have directly been contravened,' reads the letter.
It further says: 'There are clear precedents in domestic law in support of fair medical treatment of undertrials. Zahoor Watali and Gautam Navlakha were both granted house arrest on medical and humanitarian grounds by Indian courts…Why the same consideration can't be extended to Mr. Shah, whose legal status remains that of an undertrial, is a question his family has constantly raised…The measure of a nation is how it treats its weakest. Let us not fail that test'.
Former chief minister and Peoples Democratic Party President Mehbooba Mufti has also urged the Home Minister to take a humanitarian view in Shah's case
'Request @HMOIndia to urgently consider the heartfelt appeal of Seher Shabir whose father Shabir Shah is battling a life-threatening illness. In this critical moment we urge GOI to take a humanitarian view by ensuring he receives proper medical care. This may be the family's last chance to ease his suffering. Please let compassion guide the response,' Mufti said in a post on X.
Peoples Conference leader Sajad Lone demanded better medical facilities for Shah. 'Shabir Shah sahib is not well. And getting treatment is a very basic right. I humbly stand with his loved ones in demanding that he be allowed access to proper medical facilities — and the very basic right of being surrounded by his family as he fights for his health,' Lone said on X.
Hurriyat chairman and the Valley's chief cleric Mirwaiz Umar Farooq voiced grave concern over Shah's health and urged the Centre to 'uphold the human rights of the prisoners'.
'Reports of Shabir Shah Sahab's serious health condition in Tihar Jail, and denial of access to his family members to talk to him on phone for the past two years, or care for him when he is facing such a medical emergency and is in dire need of a surgery, is very unfortunate and disturbing,' Mirwaiz said.
Shah was arrested in 2017 in an alleged terror funding case and has been lodged in Tihar jail since. In 2023, the centre banned the Democratic Freedom Party (DFP) headed by Shah as an unlawful organisation. A separatist leader, Shah has spent over 38 years of his life in prison.
Bashaarat Masood is a Special Correspondent with The Indian Express. He has been covering Jammu and Kashmir, especially the conflict-ridden Kashmir valley, for two decades. Bashaarat joined The Indian Express after completing his Masters in Mass Communication and Journalism from the University in Kashmir. He has been writing on politics, conflict and development. Bashaarat was awarded with the Ramnath Goenka Excellence in Journalism Awards in 2012 for his stories on the Pathribal fake encounter. ... Read More
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