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{{Use dmy dates|date=April 2018}}

{{Use Indian English|date=July 2015}}
{{Infobox person
| name = Dr. Qasim Faktoo
| birth_date = {{birth date and age|1967|3|23|df=y}}
| birth_place = [[Srinagar, Jammu and Kashmir]], India
| title = [[PhD]]
| nationality = [[India]]n
| spouse = [[Asiya Andrabi]]
| children = 2
}}

'''Qasim Faktoo''' (also known as '''Mohammad Qasim''') is a [[Kashmir separatist movement|Kashmiri separatist]], serving life imprisonment for the murder of Hriday Nath Wanchoo.<ref>{{Cite web|url=https://kashmirwatch.com/book-review-dr-muhammad-qasimthe-victim-of-political-vendetta/|title=BOOK REVIEW: Dr. Muhammad Qasim–the victim of political Vendetta – KashmirWatch}}</ref> He had been among the earliest cadres of [[Hizbul Mujahideen]].

== Personal life ==
Faktoo graduated in Commerce from [[Islamia College of Science and Commerce, Srinagar|Islamia College]] [[Srinagar]]. He claims to have been denied selection in the state constabulary for failing to pay bribe; this incident motivated him to rally against the state and with the passage of time, become a secessionist.<ref name=":5">{{Cite news |date=2016-02-05 |title=J&K separatist leader completes 23 years in jail |language=en-IN |work=The Hindu |url=https://www.thehindu.com/news/national/other-states/jk-separatist-leader-completes-23-years-in-jail/article8199339.ece |access-date=2022-12-01 |issn=0971-751X}}</ref> Faktoo is married to [[Asiya Andrabi]], the co-founder of [[Dukhtaran-e-Millat]].<ref>{{Cite web |title=Banned Organisations |url=https://www.mha.gov.in/banned-organisations |access-date=2021-03-25 |website=www.mha.gov.in}}</ref><ref>{{cite web |last=Rasool |first=Khurram |title=The woman we don't know |url=http://www.kashmirreader.com/kreadernew/01152013-ND-the-woman-we-don%E2%80%99t-know-10105.aspx |url-status=dead |archiveurl=https://web.archive.org/web/20130121092243/http://kashmirreader.com/kreadernew/01152013-ND-the-woman-we-don%E2%80%99t-know-10105.aspx |archivedate=21 January 2013 |accessdate=15 January 2013 |publisher=Kashmirreader.com}}</ref>

=== Education ===
He earned his [[PhD]] in [[Islamic studies|Islamic Studies]] in 2006, from the prison, and has been since working towards a second PhD in the same field.<ref name=":0">{{Cite web |date=2012-11-16 |title=Kashmir separatist leader Faktoo to remain in jail till death: HC |url=https://www.hindustantimes.com/india/kashmir-separatist-leader-faktoo-to-remain-in-jail-till-death-hc/story-YpsU3OfBEDDRtWkvssAxmM.html |access-date=2021-03-25 |website=Hindustan Times |language=en}}</ref><ref name="Hindustan Times">{{cite news |date=1 October 2012 |title=Kashmir's longest-serving prisoner still fighting for his release |newspaper=Hindustan Times |url=http://www.hindustantimes.com/india-news/kashmir-s-longest-serving-prisoner-still-fighting-for-his-release/article1-938158.aspx |url-status=dead |accessdate=13 May 2015 |archive-url=https://web.archive.org/web/20150313181434/http://www.hindustantimes.com/india-news/kashmir-s-longest-serving-prisoner-still-fighting-for-his-release/article1-938158.aspx |archive-date=13 March 2015}}</ref>

== Politics ==
Faktoo's introduction into radical Jihadi secessionist politics was via [[Mohammad Abdullah Bangroo]], a co-founder of [[Hizbul Mujahideen]].<ref name=":5" /> In 1990, he was inducted as a spokesman for the group.<ref name=":5" /> In 1999, Faktoo launched Muslim Deeni Mahaz, a separate separatist group.<ref name=":5" />

== Assassination of Hriday Nath Wanchoo ==

=== Murder ===
On 5 December 1992, [[Hriday Nath Wanchoo]] was assassinated by gunmen at Balgarden in Srinagar; renowned for documenting abuse of human rights by the state, he was among the rare Pandit secessionists and one of the two Hindu ministers in the "government in-absentia" run by [[Jammu Kashmir Liberation Front]].<ref name=":6">{{Cite web |title=Geelani's biographer arrested for conviction in Wanchoo murder - Early Times Newspaper Jammu Kashmir |url=http://www.earlytimes.in/newsdet.aspx?q=72861 |access-date=2022-12-01 |website=www.earlytimes.in}}</ref> Initial media narrative centered on how the local administration had released two militants in exchange for murdering Wanchoo, one of whom (Zulkar Nan) would be killed in an encounter.<ref name=":2">{{Cite web |title=Behind the Kashmir Conflict - Threats against Human Rights Defenders (Human Rights Watch Report, July 1999) |url=https://www.hrw.org/reports/1999/kashmir/defenders.htm |access-date=2022-03-23 |website=www.hrw.org}}</ref> Days before his death, Wanchoo had confessed in private, about threats to his life from local administration as well as the security apparatus.<ref name=":1">Varadarajan, Patanjali M. ''A Report on Torture, Extra-judicial Executions, Rape, Arbitrary Arrests, Disappearances and other Violations of Basic Human Rights by the Indian Security Forces Indian-administered Kashmir''. (Undertaken in co-operation with Federation Internationale des Droits de L'Homme)</ref>

=== Investigation and Prosecution ===
The state government roped in [[Central Bureau of Investigation]] (CBI) to investigate the murder;<ref>2003 (2) JKJ 774: Ashiq Hussain Faktoo vs Union Of India (Uoi) And Ors. Jammu & Kashmir High Court. 20 February, 2001</ref> the agency assigned blame on a militant group called "Jamait-ul-Mujahidin" comprising twelve Kashmiri Muslims including Faktoo.<ref name=":3">{{Cite court|litigants=Central Bureau Of Investigation v. Ashiq Hussain Faktoo & Ors|court=Supreme Court of India|date=30 January 2003|url=https://indiankanoon.org/doc/262771/}}</ref> He was arrested along with Andrabi, at the Srinagar Airport, upon returning from Delhi.<ref name=":7">{{Cite web |last=Fayyaz |first=Ahmed Ali |date=2018-03-04 |title=Separatists Call for Bandh As 2 Militant Convicts Shifted to Jammu |url=https://www.thequint.com/news/india/2-kashmiri-militant-prisoners-shifted-from-srinagar-central-jail-to-jammu |access-date=2022-12-01 |website=TheQuint |language=en}}</ref> By the time, the investigation concluded, four of the accused had died and five had absconded, leaving only three — Faktoo himself, Mohammad Shafi Khan,{{efn|Also known as Shafi Shariati, Khan had been a faculty of Persian at the [[University of Kashmir]]. He jumped bail, and remained absconding before being captured in 2011.<ref name=":6" />}} and Ghulam Qadir Bhat{{efn|Bhat was a constable with the Jammu and Kashmir Police.<ref>{{Cite web |title=Arrested Valley hardliner hid at homes of Cong, PDP leaders |url=http://archive.indianexpress.com/news/-arrested-valley-hardliner-hid-at-homes-of-cong-pdp-leaders-/789306/ |website=Indian Express}}</ref>}} — for the trial under [[Terrorist and Disruptive Activities (Prevention) Act]] (TADA) before a special court in Jammu.<ref name=":8">{{Cite web |date=February 2, 2003 |title=3 JuM militants get lifer in Wanchoo case |url=https://timesofindia.indiatimes.com/india/3-jum-militants-get-lifer-in-wanchoo-case/articleshow/36240045.cms |access-date=2022-12-01 |website=The Times of India |language=en}}</ref><ref name=":3" /> Confessions had been obtained from all of them.<ref name=":3" /> Faktoo secured bail from the Jammu and Kashmir High Court in 1999; however, he was arrested in Delhi, upon arrival from London, on charges of carrying [[RDX]] and incarcerated.<ref name=":7" />

In July 2001, the TADA Court acquitted Faktoo and others in light of procedural deficiencies in obtaining confessional statements and the absence of ''any'' other corroborative evidence.<ref name=":8" /><ref name=":3" /> CBI appealed the judgement before the [[Supreme Court of India]];{{Efn|The TADA act mandates the Supreme Court of India as the sole authority for appeal. In usual cases, the first venue for appeal would have been the Jammu and Kashmir High Court.}} in January 2003, a bench of [[Sam Nariman Variava|S. N. Variava]] and [[B. N. Agrawal]] rejected the lower court's doubts about the voluntary nature of confessional statements, and sentenced all to life-imprisonment.<ref name=":8" /><ref name=":3" /> Faktoo and Khan filed a [[review petition]] but the Court rejected re-adjudication, in September of the same year, after a closed-court hearing.<ref name=":4">{{Cite court|litigants=Ashiq Hussain Faktoo vs Union Of India & Ors|court=Supreme Court of India|date=30 August 2016|url=https://indiankanoon.org/doc/170705475/}}</ref>

A writ-cum-review petition was filed by Faktoo and Khan in August 2016; however, the Court declined to entertain the petition on procedural grounds.<ref name=":4" />

==== Duration of life-imprisonment ====
In 2007, Faktoo filed a petition before the High Court for premature release since he had already spent fourteen years in jail; accordingly, a Review Board was set up, who recommended his release. The Government disagreed with the recommendation premising upon but [[Mansoor Ahmad Mir|Justice Mansoor Ahmad Mir]] rejected the explanation, ordering the Government to reassess Faktoo's release within three months; on appeal, a division bench overturned the judgement and held that TADA convicts can only be considered for release upon twenty years of imprisonment. In 2012, having spent twenty years in prison, Faktoo filed a fresh appeal before the Kashmir High Court for premature release; Justice Mir did not find Faktoo's case fit to grant remission.<ref name=":0" /> In interviews, Faktoo claims to have declined multiple release-offers from the Government of India that were conditional to his renouncement of the separatist cause and contesting of local polls.<ref name=":7" />

== Notes ==
{{Notelist}}

==References==
{{Reflist}}

{{Kashmir separatist movement}}
{{Authority control}}

{{DEFAULTSORT:Faktoo, Ashiq Hussain}}
[[Category:Kashmiri people]]
[[Category:20th-century Indian Muslims]]
[[Category:21st-century Indian Muslims]]
[[Category:Living people]]
[[Category:Kashmir separatist movement]]
[[Category:1957 births]]
[[Category:Kashmiri militants]]
[[Category:Kashmiri Islamists]]
[[Category:Members of jihadist groups]]

Ashiq Hussain Faktoo - Revision history

Bot at 16:23, 22 December 2022