As voting for the Lok Sabha election came to an end in Jammu and Kashmir (J&K), the intensity of the campaigning was at an ever-riding high. With four Lok Sabha seats, J&K witnessed the toughest fight over the Baramulla parliamentary seat, voting for which happened on 20 May.
After the voting was over, Chief Electoral Officer Pandurang Kondbarao Pole said that the constituency recorded approximately 59 percent voter turnout.
The front runners for this seat were former Chief Minister Omar Abdullah of the National Conference (NC), and J&K People’s Conference's Sajad Lone, who is considered the proxy candidate of the Bharatiya Janata Party (BJP).
However, the late entry of Awami Ittehad Party — a party not registered with the Election Commission of India — with the candidature of incarcerated former MLA and AIP Chairman, Engineer 'Er' Rashid, has changed the election scenario in the Baramulla constituency of North Kashmir.
Political commentators in the region believe that former legislators will play an important role in the Baramulla Lok Sabha seat. Some of the analysts maintain that Rashid's victory can't be overruled.
Abrar Ahmed, the elder son of Er Rashid, successfully managed to mobilise the public of Baramulla as he led the campaign and travelled across the constituency to seek votes for his jailed father.
Abrar Ahmed, the elder son of Er Rashid.
(Photo: Dabirah Hassan)
Rashid became a member of the Jammu and Kashmir Assembly in 2008 and 2014 as an independent candidate, and he also contested the 2019 parliamentary elections as an independent candidate, stunning everyone by getting 1,01,500 votes — only 31,192 votes behind the National Conference’s winning candidate Akbar Lone, and 827 votes less than Sajad Lone.
Following the abrogation of Article 370 on 5 August 2019, the Indian authorities detained several mainstream political leaders in Kashmir, with the aim to curb dissent in the region. One among them was the former MLA of Langate constituency, Er Rashid, who was arrested by the National Investigation Agency in August 2019, citing a terror funding case. Since then, he has been languishing in Delhi’s Tihar Jail.
Abrar Ahmed with supporters of Er Rashid.
(Photo: Dabirah Hassan)
Er Rashid filed his nomination paper from Tihar Jail. Abrar, 24, the son of jailed Engineer Rashid had never thought of doing politics like his father. “We don't have the money to spearhead election campaigns. People have created Facebook pages and WhatsApp groups from North to South to mobilise the public. They bear all expenditures to support imprisoned Engineer Rashid,” Arbar told The Quint.
Abrar's slogan during the campaign has remained “Your Vote is for my innocent father” and “Jail ka badla vote se” (The revenge of imprisonment by a vote). Analysts believe that Rashid may be successful in gaining “sympathy votes” due to his prolonged incarceration at Tihar Jail.
Abrar is using Facebook to reach out to his people; he has gained huge momentum over the last few weeks. Lakhs of people are viewing his Facebook speeches every day, thereby making him a main contender to powerful regional parties. Several social media influencers also lent support by promoting the politician on their handles.
Apart from youngsters, other political parties have sided with Er Rashid to defeat the National Conference's Omar Abdullah and People's Conference's Sajad Lone. Democratic Progressive Azad Party (DPAP), led by former Chief Minister Ghulam Nabi Azad, reiterated the party's steadfast support for Er Rashid's candidacy in North Kashmir's Lok Sabha seat.
Shoaib Lone, a leader of DPAP, who has massive influences in assembly segments of Baramulla, Sopore and Sangrama, said during the roadshow, "We know the people of Baramulla, Kupwara, Bandipora and Budgam won't let us down. Rashid has been given the pressure cooker as an election symbol; vote for it and get him out of Tihar Jail.”
Abrar Ahmed addressing a crowd in Baramulla.
(Photo: Dabirah Hassan)
Engineer Rashid's entry into the race was a nightmare for Omar Abdullah and Sajad Lone, who were engaged in intense campaigning, both facing new challenges as Rashid can split the vote in many parts of the assembly.
On the condition of anonymity, a journalist and a social activist from North Kashmir told The Quint that Er Rashid emerged as a key player against the NC and PC. “There is a sentimental vote with Er Rashid. The youth is making posters, and bearing their own expenditures to support his rallies in the North,” he said.
To support Rashid’s campaign, Mudasir Thoker, a 27-year-old PhD scholar from Shopian in South Kashmir travelled barefoot for almost 90 km to reach Er Rashid's residence in Langate. “Jailed Er Rashid represents the wishes and aspirations of the people of Jammu and Kashmir, it's time to vote and get him out of Delhi’s Tihar Jail,” he said.
As the People's Alliance for Gupkar Declaration (PAGD) maintained dead silence about his release, many Kashmir-based social media influencers used the platform to campaign for the jailed politician.
In a viral video, Asifa Bashir, a female influencer, who runs Kashmir Dastan News on Facebook openly shouted slogans, “Abrar Bai Kadam Badav, Hum Tumhare Sath Hai (Abrar step up, we are with you)." She also mentioned that she is going to spearhead a campaign for jailed Er Rashid.
“I have never voted in my life but this election, I will vote for Er Rashid. He is the incarcerated voice of the people and we must send him to the Parliament to give the central government a clear message that Er Rashid is a people's leader, not a terrorist. Even if he doesn't win, it's our duty to play our role and vote for him," said a youth, wishing to remain anonymous.
Rashid has always maintained his image as a firebrand politician and is famously called “dramebaaz” by his rivals as he constantly gets himself involved in controversies. In 2015, he was attacked in the Assembly by BJP lawmakers after he organised a beef party at Srinagar’s MLA hostel.
Rashid was subject to an ink attack at the Press Club of India in Delhi in 2015 when he was accompanied by the family of a truck driver killed by a mob in Udhampur.
Before his arrest, he openly targeted policies of the Indian government in J&K, including the Armed Forces (Special Powers) Act [AFPSA]. He has been very vocal about the right to self-determination as the only solution to the J&K dispute.
Abdul Rashid Sheikh, better known as Er Rashid, is facing charges under the UAPA and of receiving funds from Pakistan. He has been locked up in the Tihar Jail since 2019 after the accusations.
The National Investigative Agency (NIA) filed charges against Rashid on 16 March 2022, alleging that he advocated separatism with the Indian Government and dissatisfaction against the armed forces. Rashid has also been accused of raising, receiving and collecting funds illegally to aid separatist and militant activities in Jammu and Kashmir, and causing disruption in the Valley by attacking security forces with stones, setting fire to schools, injuring public property, and waging war against India.
According to the NIA's First Information Report (FIR), Rashid's name came up during the questioning of businessman and co-accused, Zahoor Watali. His bail application was rejected by a special court in Delhi, stating that he had received funds from Watali, against whom there were already sufficient grounds for a prima facie case under the Unlawful Activities (Prevention) Act. As of yet, he has not been convicted in any case.
According to legal expert Advocate Hafiz Lone, even Rashid winning the elections won't guarantee him bail. As per law, a person accused under UAPA charges cannot get bail even after becoming a Member of Parliament. While considering the bail application of the one accused under UAPA, the courts look at various factors, including the specific circumstances of the case, the evidence against the individual, public interest, risk of tampering with evidence, previous conduct of the accused, and the discretion of the judiciary.
Ultimately, the decision to grant bail in such cases is at the discretion of the judiciary, based on careful consideration of all the relevant factors and legal principles. Being a Member of Parliament may potentially influence the court's decision based on factors such as the individual's responsibilities and obligations as a public representative, but it does not guarantee bail if the circumstances and evidence do not support it.
(Irshad Hussain and Mubashir Naik are independent journalists based in Kashmir. They tweet at @Irshad55hussain @sule_khaak )
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