Earlier this month, India jumped 14 places, to be ranked 63rd among 190 countries in the Ease of Doing Business 2020 index. Mention that to businessmen in Jammu and Kashmir, and they would have a completely different story to tell.
Since abrogation of Article 370 in Kashmir, which resulted in the clampdown on communication, businesses across various sectors have incurred losses to the tune of more than Rs 10,000 crore, according to the Kashmir Chamber of Commerce and Industry (KCCI).
But that’s not all. The flesh and blood aspect of the story involves the incarceration of at least four top businessmen on grounds of ‘preventive detention’.
“How can our businesses function when phones and Internet are not working and transport of goods is affected? The ban was in effect in the peak season and we lost all our orders as the customers could not contact us,” Sheikh Ashiq, President of KCCI said, speaking to The Quint.
“This number is just the loss that he have faced. Consider the damage done to the entire business environment. It will affect us for many more years to come,” Ashiq told The Quint.
‘We Need Peace for Our Businesses’
Explaining the ordeal further, Ashiq explained how investors are withdrawing their businesses out of the state.
“The IT sector was slowly starting to blossom here. Now, these clients are from US or Europe and they do not want any sort of disruption. So, since the abrogation of Article 370, many companies have moved out to places like Delhi or Chandigarh,” he said.
“If we ask an young individual to set up his own business and not stay dependent on government jobs, how can he possibly survive? The basic requirement for any business is that everything should be smooth and peaceful. We need peace,” Ashiq said.
‘Who Will Own the Responsibility?’
Ashiq also said that he has not received assurance from the authorities despite raising issues with them.
“The impact of the clampdown involves the government too. The entire process to file our returns under the GST regime has gone online. How can we file returns when there is no Internet connection? We are missing our deadlines,” he said.
“We have spoken to the authorities about the situation but to no avail. More than 80,000 shops have been shut, above 2,000 infrastructure projects have come to a standstill, almost 2 lakh migrant workers have left Kashmir. Who will own the responsibility for all this?” Ashiq summed up.
The ‘Copy-Paste’ Detentions
On the intervening night of 4 and 5 August, just before the abrogation, top businessmen across Kashmir were picked up by the police on grounds of ‘preventive detention’. Among them was Mubeen Shah, a wealthy Kashmiri merchant and an NRI, based in Malaysia.
Shah had come to India in April to see his brother-in-law who was unwell and was arrested by the police, without a warrant. He is currently imprisoned in Agra.
On being asked what the charges were against him, Gopal Sankarnarayanan, Shah’s lawyer, termed them as “copy-paste” charges, as the same offences have been slapped against at least three other traders.
“They are completely vague, copy paste charges. Citing the discussions that he has with people, it was charged that he could create public disorder. Essentially, in cases like these it needs to be specified what exactly has the accused said in his speeches or during discussions and what was the public’s reaction to that. But not a whisper of anything such was mentioned,” Sankarnarayanan told The Quint.
Shah’s case is currently pending in the Supreme Court, after the apex court was informed that a New York-based lawyer filed a habeas corpus petition in the Jammu and Kashmir High Court against the detention.
A similar chain of events was echoed by Irfan, brother-in-law of Mohammad Yasin Khan, president of Kashmir Traders and Manufacturers Federation (KTMF). Khan too, was detained on the same night and on the same charges.
Yasin, also jailed in Agra, could not attend his mother’s funeral, who passed away on 24 October.
“We approached the authorities for parole but due to Diwali holidays it could not get approved till the funeral. While his parole was not denied, it got delayed,” Irfan told The Quint.
Khan’s lawyers have filed a plea in the Jammu and Kashmir High Court asking for permission to meet him in jail and for quashing the charges against him.
While the relatives have now been allowed to meet him once in fortnight, the Court, in the last hearing on 11 October, gave the administration three weeks to file a reply, as far as quashing of charges are concerned.
Speaking to The Quint, Irfan summed up the mood: “We are traders. We hardly have anything to do with the politics of anything. This clampdown is in fact hitting us the most.”
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