Investor Presentaiton
Raising the Stakes in Jammu and Kashmir
Crisis Group Asia Report N°310, 5 August 2020
Page 10
and authorities continue to hold dozens of political leaders. On 31 July, PDP Presi-
dent Mehbooba Mufti's detention was even extended for another three months.48
C.
Betraying the Flag Bearers
A little over a year prior to Article 370's revocation, in June 2018, the BJP had pulled
out of the ruling coalition it belonged to in Jammu and Kashmir, causing the state
government to collapse. 49 As a result, the central government now directly adminis-
tered the state, as provided for by Section 92 of the then Jammu and Kashmir con-
stitution.50 In the following months, the governor's administration took several steps
to neutralise prominent actors linked to Kashmir's non-violent separatist movement.
It banned Jamaat-e-Islami, a socio-religious organisation associated with separatism,
as well as the JKLF, Kashmir's first insurgent group which had renounced violence
for politics in 1994, and detained almost all the senior separatist leaders.51
By mid-2019, the only political actors left in the Valley were therefore the main-
stream parties, particularly the PDP and National Congress, which had dominated
the local political landscape for decades. While neither questions India's claim upon
Kashmir, their participation in the Indian democratic process assumed the relative
autonomy provided by Article 370. Concerned about the BJP's Kashmir policy, both
had repeatedly warned against revoking that article in the run-up to 5 August. At the
time, a senior PDP leader told Crisis Group that the BJP was "gunning for the main-
stream parties, demonising and vilifying them" for opposing its goal of rescinding Ar-
ticle 370 and claiming that "there was little to distinguish them from the separatists".52
On 4 August, these mainstream parties, sensing that something was amiss, called
an all-party emergency meeting, after which they released a joint statement vowing
to fight any move to alter Article 370.53 Within an hour, India launched its crack-
down, arresting all the leading mainstream politicians. Nearly all were detained un-
der the Jammu and Kashmir Public Safety Act of 1978, a draconian law that allows
the police to detain anyone without charge, trial or ordinary judicial review for up to
two years.
48 "Mehbooba Mufti's detention extended by another three months", The Hindu, 31 July 2020.
49 The party justified its decision by denouncing the government's inability to curb rising "terror-
ism, violence and radicalisation" in the state - a thinly veiled criticism of its coalition partner, the
PDP, which was in favour of a softer approach to separatists. “BJP lists reasons for pullout from
alliance with Mehbooba Mufti", NDTV, 19 June 2018.
50 Under the provisions of Article 370, Jammu and Kashmir had a separate constitution. See "The
legal subversions that helped the centre undercut J&K's powers", The Wire, 18 August 2019. In
hindsight, many observers see these developments as a premeditated plan designed to pave the way
for the central government's move on Article 370 one year later, since rule by governor opened the
possibility of a unilateral decision bypassing the state assembly.
51 The Jamaat-e-Islami was banned for five years on 28 February 2019 for supporting militancy and
promoting secession, followed by arrests of most party leaders and hundreds of party members.
The JKLF was banned the following month. “Centre bans Jamaat-e-Islami J&K for five years -
a brief history", The Wire, 1 March 2019.
52 Crisis Group interview, Srinagar, June 2019.
53 Released on 4 August 2019, the statement, titled the Gupkar Declaration, also mentioned that
participating parties would "seek audience with the President and Prime Minister of India".View entire presentation