Inside the recesses that make up the all powerful PMO atop Raisina Hill, the chain smoking National Security Adviser Ajit Doval, tasked with writing the new Kashmir paradigm, is finally bearing down on his prey. The spanking new stratagem for Kashmir is four channel network – using jackboots to nail the local terrorists and cross border insurgents with all the firepower at the Indian Army’s disposal, discrediting the Hurriyat hawks by using investigating agencies and mainstream media to show in stark relief their money laundering activities, floating the trial balloon of scrapping the permanent residency clause Article 35A within Article 370 special status in the Constitution which has created consternation across the Kashmir Valley political spectrum and finally keeping the elected state government led by soft separatism practising Mehbooba Mufti by weaning her away from her core agenda. Doval’s thinking is predicated on a simple fact that if you bring down the lion, the rest of the jungle will quake with fear, as inhabitants fall in line, their conscience shaken by the sheer spread of the tactical canvas. Though I have personally been opposed to the inertia and lassitude shown by the centre for a long period of time on Kashmir, the pull back with the new doctrine has been dramatic and resilient. Just when you thought Kashmir Valley and in the main south Kashmir was slipping away in the attritional war of supremacy, Indian security forces have shown their mettle and curtailed the free run that locals and proxies had in Kulgam, Pulwama, Shopian, Budgam, etc., in the southern part of Kashmir which the Hurriyat was even planning to declare as a ‘liberated zone’.

Systematic targeting

The systematic targeting of local Hizbul commanders and Lashkar militants has been an overwhelming success. Ground level intel and better coordination between security forces have changed the underlying credo while tackling the menace. That a bullet is what anyone who picks up arms to wage war against the state will get is a direct unignorable message for the militants. The wins have been spectacular. Yasin Ittoo’s killing on Sunday was another grim and bloody reminder that the wages of war were now tilting in favour of the security forces – Ittoo being the operational commander who replaced Zakir Musa after he had gone rogue by claiming allegiance to Al Qaeda. Musa himself replaced Burhan Wani the self-styled poster child whose killing last year sparked off the current crisis in Kashmir. Ittoo himself took over from Sabzar Bhatt who too was slain by security forces. Such is the tempo that the Rashtriya Rifles-led coordinated ops in the Valley have seen huge gains. As many as 132 terrorists have been killed in encounters with police and security forces in Kashmir Valley in over seven months this year. While 115 militants have been killed till July-end, as many as 24 militants have been killed since after that till August 13, as per official statistics.

Signifying how the tide has turned is that 38 LeT militants were killed in over seven months till August 9, 37 Hizbul militants were eliminated along with three of the Al Qeada-linked Zakir Musa group, and another 54 unidentified militants were killed, mostly on the LoC. Top LeT commander Abu Dujana, a Pakistani wanted in connection with several terror attacks, and his aide, were gunned down on August 1 by security forces in Hakripora area of Pulwama district. Dujana was wanted for many attacks on security forces and political workers in south Kashmir. He was variously described as a category ‘A’ or ‘A++’ militant by army and police officials. He was carrying a reward of Rs 10 lakh on his head. On July 1, another top LeT commander Bashir Lashkari and militant Azad Malik were killed in a firefight with security forces in Anantnag’s Brenti village of Dialgam belt in south Kashmir. Lashkari was involved in the killing of six policemen in the district’s Acchabal area on June 16. On July 12, Sajad Gilkar was among three Hizbul militants killed by security forces in Budgam district of central Kashmir. Gilkar had played a key role in the lynching of Mohammad Ayub Pandith, a deputy superintendent of police, near Jamia Masjid in Nowhatta area of capital Srinagar on June 22.

The names of the other slain terrorists are: top LeT commander Abu Haris, who was killed in Bandipora in north Kashmir on February 14, followed by the killing of Abul Ali in Budgam on April 22, while Abul Mala, Anis Bhai and Abu Mansoor of LeT were killed in Kupwara on March 15, Abu Umar of LeT was killed in Sopore on January 3, Abu Maviya was shot dead in Bandipora on January 10 and Sher Gujri was slain in Pulwama on March 9.

The counter-terrorist concentric grid has upped its dominance lately to shut them out completely. Synchronicity is the way forward as improved ground intel is seeing joint operations with the Jammu and Kashmir Armed Police and CRPF personnel. In June, the army released a ‘hit-list’ of 12 top militants who it aims to ‘go after’. The hit-list carried the names and pictures of the militants along with the areas they are active in and the strikes carried out by them.

Local militancy

Senior security officials will tell you that the alarming rise in local militancy had reached frightening proportions after a long period of peace and tranquility with S. M. Sahai stamping out local militancy completely during his tenure. This year alone, 70 local youth have joined the ranks of the militants and this comes on the back of 88 such youth taking to combat fatigues in 2016. As Wahabi Salafism has spread political Islam with a stunning regularity in the last 24 months or so, India has acquired a new name – Hindia – given that a muscular rightwing Hindu party is ruling at the centre. The worrying data compiled by security agencies show 66 youth joining up in 2015 and 53 in 2014.

In parallel, NIA using other agencies in a multi disciplinary probe has broken the back of the Hurriyat which had sunk its differences and unified - Syed Ali Shah Geelani, Mirwaiz Farooq and Yasin Malik - have been emasculated. With their financial skullduggery exposed, the wealth amassed in public domain, the sheen has worn off as arrests have halted the movement's momentum. Operation discredit was done wilfully and it seems to be working. NIA shows how top separatists have built huge realty empires using the azaadi/freedom movement for personal gains:

Syed Ali Shah Geelani Inc.

Syed Ali Shah Geelani’s ancestral bungalow at Dooru, Sopore, in Jammu and Kashmir is worth Rs 1 crore. It is a two story house on 2 kanals of land.

His office cum residence is built on 1.5 kanals land at Rehmatabad colony, which is registered in the name of Milli Trust with five members - Bashir Ahmed Shot, Peer Saifullah, Mohd Ashraf, Sehraj, Altaf Ahmed Shah, Jawahira Begum and Dr. Nayeed Geelani.

Geelani's two-storey house at Bulbulbagh, Barazulla has been transferred to Jel, Jammu and Kashmir.

There is one Unique Public School in Dooru, Srinagar, whose land is partially donated by villagers and partly out of Geelani's property. The school is run by a trust, and Geelani has appointed his younger son Naseem Geelani chairman of the school.

Geelani also owns a two-bedroom flat at Gupta Colony, Khirki Extension, Delhi for which Geelani paid Rs 8 Lakh and it has been registered in the name of G.M. Bhat (hawala conduit).

Geelani also owns one two-storey house at Bagh-e-Mehtab, Srinagar which has been registered in the name of his eldest daughter Chasfida.

Geelani’s three-storey bungalow built on half kanal land at Bemina, Srinagar has been registered in the name of his daughter Zahida. The octogenarian separatist also owns around 100-150 kanals of land at Singpore Pattan.

Geelani has a double-storey house at Rehmatabad in his name.

Four vehicles in Hyderpora belong to Geelani.

The NIA says that Geelani’s son Naseem Geelani looks after real estate matters of the family.

Geelani's son-in-law Altaf Funtoosh, who has been looking after his affairs for years, owns land in Dompora Sow. Altaf Funtoosh, Advocate Shahfi Rishi and his nephew Yaseer Rishi (MLC) own around 100-150 kanals of land in Sumbal, Zainkund-Bandipora Road.

So far, four Benami properties have also been discovered.

Altaf Ahmed Shah

Altaf Ahmed Shah is chief organiser of APHC-G and son-in-law of Syed Ali Shah Geelani. He owns a two-storey house built on half kanal of land at Bagh-e-Mehtab, a two-room house at Bhatindi, and an ancestral hosiery shop at Lal Chowk, Srinagar, eight kanals land in village Handoora, in Ganderbal district, Srinagar. He also owns a double-storey House No. 119 at HIG Colony, Bemina worth Rs 1.50 crore.

So far, three benami properties have also been discovered.

Naseem Geelani

Naseem Geelani, son of Syed Ali Shah Geelani, owns a house built on five marlas at Rawalpora, Srinagar and land /orchard at Doru, Sopore. The NIA says that Naseem Geelani in March 2017 took over charge of Unique Public School, Sopore as its chairman, after a long tussle with G.M. Bhat (former chairman). The Geelani family also wanted to own eight kanals of land in Sopore that may have been given by local villagers in 1980 for construction of the school.

So far, two benami properties which require further verification have been found.

Nayeem Geelani

Nayeem Geelani, son of Syed Ali Shah Geelani, jointly owns four kanals of agricultural land at Humana, Rawalpora Byepass, Srinagar with his brother Naseem Geelani.

He also owns land/orchard on 40 kanals and Dooru, Sopore. The NIA says that besides this, he also owns some ancestral property in the form of land and orchards.

Nayeem is also owner of an eight-room house at Sanat Nagar, Srinagar. He owns a flat in New Delhi's Vasant Kunj area. He also owns a single-storey house having 10/12 rooms which is worth Rs 75 lakh.

He owns an apple orchard and two houses built on 5.5 kanals. The market value per canal is Rs 5 lakh.

He is the owner of Asian Minerals (Limestone quarry) which is in the name of his brother Muneer Khan.

So far, two benami properties need further verification.

Once the crippling crackdown began with news telly being provided with credible sting operations which clearly showed the second line of separatists claiming that Pakistan was funding the violence, the floodgates opened. The NIA has so far arrested seven Kashmiri separatists and produced them before a Delhi Court which sent them to 10-day custody of NIA over money-laundering charges to fund terror in the Kashmir Valley. The NIA is scanning close to 80 assets belonging to separatists, both on their own or kin’s names and benami, which include malls, shopping complex, flats in Delhi, huge land, orchards, schools, bungalows, limestone and gypsum quarries, hotels and stakes in housing colonies. NIA has so far arrested eight separatist leaders – Hurriyat chief Syed Ali Shah Geelani’s son-in-law Altaf Ahmed Shah ‘Funtoosh’, Ayaz Akbar Khanday, Mehrajuddin Kalwal, Peer Saifullah (all from Geelani's faction of Hurriyat), Shahidul-Islam (of the faction led by Mirwaiz Umar Farooq), Nayeem Khan of the Jammu Kashmir National Front, Farooq Ahmed Dar aka Bitta Karatey of J&K Liberation Front (R) and Devinder Singh Behal.

Article 35A

Even as consternation dominates the narrative in Kashmir over abrogation of Article 35A, the government at the centre is obviously testing the waters. Article 35A of the Constitution empowers J&K legislature to define the state’s “permanent residents” and their special rights and privileges. It was added to the constitution through a presidential order of 1954 with the then J&K government’s concurrence. In order to increase mobility of people and greater integration of India with Kashmir Valley, it is imperative to repeal this draconian clause. Permanent residents law prohibits non-permanent residents from permanent settlement in the state, acquiring immovable property, government jobs, scholarships and aid. An NGO, ‘We the Citizens’, challenged 35A in the Supreme Court in 2014 on grounds that it was not added to the Constitution through amendment under Article 368. It was never presented before Parliament, and came into effect immediately, the group argued. Earlier this month, the PIL said the state government, under the guise of Article 35A and Article 370, which grants special autonomous status to the state, has been discriminating against non-residents who are debarred from buying properties, getting a government job or voting in the local elections. Article 35A was added to the Constitution by a presidential fiat in 1954. Article 370 grants special status to J&K, while Article 35A, added to the Indian Constitution through a presidential order, empowers the J&K legislature to define the state’s “permanent residents” and their special rights and privileges.

While the Jammu and Kashmir government contested the petition saying the President had the power to incorporate a new provision in the Constitution by way of an order, the Centre recently expressed its reservations. It filed a reply and requested the three-judge bench headed by Chief Justice of India J. S. Khehar Singh to refer the matter to a larger bench as constitutional issues were involved in the case. Attorney General K. K. Venugopal is expected to explain for purposes of a larger debate before the Supreme Court the legal aspects of Article 35A, which gives special status to the state under Article 370. Historians have questioned the petitioning NGO’s claim that Article 35A is unconstitutional, saying that to claim the article it is not legal because it was not added to the constitution as an amendment but in the appendix is “specious”, as the article is part of a much larger system put in place in Jammu and Kashmir after independence and the state’s accession.

The view from the Valley came on Monday morning with Greater Kashmir writing with a sense of foreboding and panic. The efforts to change the state’s demographics – have come into the limelight again because of an ongoing case in the Supreme Court. A section of Bharatiya Janata Party (BJP) sympathisers is pushing the party to bring changes in the Article 35A of the Constitution. In July 2015, an RSS-backed think-tank called the Jammu & Kashmir Study Centre first came up with the idea to challenge Article 35A.

The Jammu and Kashmir Constitution, which was adopted on November 17, 1956, defined a Permanent Resident (PR) of the state as a person who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has “lawfully acquired immovable property in the state!” Jammu and Kashmir Constituent Assembly incorporated in Jammu and Kashmir Constitution discriminatory provisions under Section-51 (Qualifications for membership of the Legislature. A person shall not be qualified to be chosen to fill a seat in the legislature unless he is a Permanent Resident of the State), Section 127 (Transitional provisions. Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as service or post under the State, shall continue in force so far-as consistent with the provisions of this Constitution) and Section 140 (the elections to the Legislative Assembly shall be on the basis of adult suffrage; that is to say, every person who is a permanent resident of the State and who is not less than eighteen years of age on such date).

Even as Kashmiri political parties closed ranks on this sensitive issue relating to altering the demographic profile, something that should have been done a long time ago, the Supreme Court on Monday said all petitions that demand scrapping of Articles 370 and 35A should be heard together. The top court is now likely to hear all cases on August 29. The question now is whether the Prime Minister will refer to Article 35A and why it is incumbent on him to revoke it in his Independence Day speech on Tuesday morning.

sandeep.bamzai@mydigital.com