It is now beyond doubt that PM Modi is associated with enough crime data on record for which he can be tried as war criminal along with his army chief and security adviser.
I have been advocating in my articles and speeches about the
anti-mind set of PM Modi against Kashmiris and Pakistan which he demonstrated
by performing the act of Pulwama and then as usual he blamed Pakistan as he was
replicating the incident of Samjhota Express.
Modi was already doing the genocide in Kashmir and his entire
apparatus on the ground was to reduce the Muslim Kashmiris to minority like
Gaza by Israel. We have a small window of time to act, we need to launch fast
measures to get this illegal action of the PM Modi reversed.
I therefore call upon the government for an aggressive launch
of the following course of actions to reverse the abrogation of Article 370 and
Article 35A before the international competent authorities:-
1. Violation of the UN charter of its own resolution needs to
be agitated in the UN. I understand that the government should have gone by now
in the Security Council but it looks that the government is slow in its actions
and let us hope that the government will win sizeable diplomatic lobby of
friendly countries to create strong voices to back the point view of Pakistan
& Kashmiris in the upcoming UNO session.
2. The government should immediately move the matter under
the Vienna convention/Geneva Convention - Gross violation of Human Rights as
per its own findings and insist for legal action beyond media condemnation.
3. Rome convention - which is doable as PM Modi can be tried
under war crimes as per charge sheet where I have sufficient incriminate
material to prove PM guilty of his crimes as it legally fit charge to drag PM
Modi under the Rome convention as explained above as there is ample of
irrefutable evidence against the butcher of Gujrat PM Modi.
The profile of Modi is itself a testimony against him and he
is the only world leader who rose from the title of being a wanted criminal to
the darling PM on the West and he continue to enjoy their support.
I had my first counter when I went to India on my official
visit and I faced RSS & RAW influenced journalist who demanded that I
should have travelled with an apology for the killing of a captain of Indian
Army. I had given a befitting response which was not liked by then CM Narendra
Modi, who addressed - me as Viceroy of India.
This CM, keen on extremism drew my attention and I started
indexing his activities. He came under my radar after which my interest
discovered the real Modi. Over the passage of time, I have been giving a number
of predictions regarding ill motives of PM Narendra Modi, his party and RSS
against Muslims of India and Kashmir. It was the same time when the people of
India declared him as the Butcher of Gujrat. He started coming into the limelight
when he was nominated as a candidate of PM’s position by BJP. His political
rise stands dedicated to RSS as a trained extremist of RSS.
He learnt the torture and blackmailing techniques with them.
I have written details of his rise with militant backgrounds in my book Modi’s
War doctrine. His extremist mindset has led him to commit inhuman acts and made
him to emerge as chief of extremism. I have submitted a number of charge sheets
legally fit for his trial as a war criminal. I had earlier served a charge
sheet to PM Modi via Indian High Commission for his brutalities which Indian
forces are committing. I sent its copy to UNO with the request to take the
notice of human rights violations in Kashmir and asked them to refer the case
to International Criminal Court (ICC) but so far no action has been taken yet.
I had mentioned about all the atrocities committed by Modi
and Indian army against innocent Kashmiris. In my charge sheet, I had directly
called Mr. Narendra Modi out for his every single misdeed as follows to be
treated as a final charge sheet with additional material.
• All the mass murders, mass blinding, enforced
disappearances, torture, rapes, political repression and suppression of freedom
of speech of Kashmiris committed by PM Modi.
• Violation of all the global treaties by not allowing the
human rights bodies to access Kashmir to cover the gross violation of human
rights.
• Modi is an internationally declared terrorist as he was
publicly appeared in ‘Top Ten Criminals’ and for that very reason he remained
banned in the USA as per the American law for a decade for his role in killing
hundreds of Muslims in Gujrat under the International Religious Freedom Act
(IRFA) provision of US Immigration and Nationality Act (INA).
• He is an active member of the RSS (a Terrorist
organisation), which has been involved in the massacre of Muslims since its
inception. Alone, since January 1989 till 31st January 2018, 94,644 innocent
Kashmiris have been killed, 7, 099 were killed in custody, 11,042 women were
gang-raped and 7, 485 were injured by pellets. Major above sufferings are during
the premiership of Modi.
• Section 370 & Section 35A has been scraped with the ill
motives to get RSS trained families in Kashmir by allotting lands and houses to
them in Kashmir so that the Muslims living there can be reduced as a minority,
which is the utter violation of their rights.
• ‘RSS’ is an anti-Muslim organisation whose only intention
is to kill Muslims until India is left with only Hindus residing in it. It’s
the same organisation that killed Mahatma Gandhi as it was against the creation
of a separate homeland for Muslims.
• PM Narendra Modi and RSS have been involved in all
incidents of mass murders of Muslims i.e. massacre of Muslims in Ahmedabad,
Gujarat, and the demolition of Babri Masjid, incidents of Malegaon and Samjhota
Express and now the same is being replicated in Kashmir.
• PM Modi increased the number of troops in Kashmir to the
level of above 700,000 to ruin the peace of innocent Kashmiris who are
struggling for their rights as per the resolution of UNSC dated April 21, 1948.
• Even the international community has termed the use of
pellet guns against innocent Kashmiris by Indian Army as first mass blinding in
human history yet Narendra Modi feels no remorse for ordering it.
• Narendra Modi and RSS are unleashing their actual motive of
ethnic cleansing of Muslim majority in Kashmir; by mass murdering Muslims and
violating all human rights having no respect for human dignity and honour.
According to Akhand Hindustan Morcha’s narrative, there will be no
Muslim/Christian/Sikh by 2035 and PM Modi has undertaken this task with full
support to this move from extremists.
• The High Commissioner for Human Rights United Nations to
constitute a high powered Commission to frame this charge sheet on the
violation by PM Modi and prosecute Modi under war crime under the Rome
convention
• PM Modi is a terrorist financer as he authorised Kulbhushan
Yadav, a spy to carry out terrorist activities in Pakistan.
5. He is protector of money launderers and fugitives and has
obstructed Penal actions against international criminals.
In fact, I have been advocating and predicting that Modi and
his peers from RSS are planning on ethnic cleansing of Muslims and in order to
achieve their goals, they are settling RSS trained families in Kashmir by
allotting lands and houses to them in Kashmir so that the Muslims living there
can be reduced to the minority, which is the utter violation of their rights.
Modi’s crimes and evidence fulfil the criteria of being
called a criminal of war under the Rome convention. The Rome Statute is an
agreement which offered ground for the establishment of the International
Criminal (ICC). The Rome Statute was approved in Rome, Italy on July 1, 1998
and it came into effect from July 2002. The Court was established to
investigate, prosecute and try individuals accused of committing the most
serious crimes of genocide, crimes against humanity and war crimes etc.
Article 5 of the Statute deals with the crimes within the
jurisdiction of the Court. The criminal activities of PM Modi attract trial
under this convention.
The Court has jurisdiction in accordance with this statute
with respect to the following crimes:
(a) The crime of genocide.
(b) Crimes against humanity.
(c) War crimes.
(d) The crime of aggression.
The Rome Statute applies equally to everyone regardless of
their status, even the heads of the governments are not granted immunity.
There are three ways in which the Court can initiate
investigations. First, a state that is party to the Rome Statute can refer a
case to the Prosecutor of the Court. This is what the Ugandan government did in
January 2004, about the situation in northern Uganda. In March 2004, the
government of DRC referred crimes in the DRC to the Court.
Second, the UN Security Council can refer a case to the
Prosecutor.
Third, the Prosecutor can initiate investigations into a case
on his own initiative, based on credible information that he has received. This
information can come from states, NGOs, victims, or any other source.
In 3rd way, where the Prosecutor decides to take action by
himself and without a state referral – he first carries out a preliminary
examination and then submits a request for authorisation of a formal
investigation to the Pre-Trial Chamber of the Court.
In other situations where the Prosecutor receives a referral
from a state party, he must check whether the referral can be approved under
the requirements of the Rome Statute and whether crimes under ICC jurisdiction
appear to be serious in nature and also have been committed. If those
requirements are met, the prosecutor must initiate an investigation.
Under the Rome Statute, every accused is guaranteed the highest
standards of fair trial until proven guilty. Also a person cannot be tried
again for a crime for which he or she has already been convicted. The Court can
also exclude the accused from criminal responsibility if that person is
suffering from a mental disease or was in a state of unwanted intoxication at
the time he committed the very crime.
After a fair trial if the accused is proven to have committed
the crime in all consciousness while committing it, he or she can be sentenced
to life imprisonment. The Court plans to have pre-trial detention facilities in
The Hague. The enforcement of a sentence of imprisonment in the host State is
subject to the supervision of the Court. The execution of the sentence is
carried out in accordance with international standards governing treatment and
rights of prisoners.
The overwhelming evidence of brutalities on the people of
Kashmir is itself a testimony of his war crimes. Today, all the facts I
mentioned and all the predictions I had made in my book and the articles
regarding this PM Modi are proven as truth by the time.
In my book “Modi’s War Doctrine” I had also predicted before
Indian elections that Modi will go some extra miles to garner votes and support
from his people by inciting hate against Pakistan as well as the Muslims and
the world saw how he did achieve his election victory through self-generated
act of Pulwama and subsequent drama of imaginary strikes in Pakistan and his
further disinformation of killing of more than 300 civilians.
I am of the strong opinion that we need fight on diplomatic
and international legal fronts with strong legal teams backed by human rights
experts. My charge sheet which is already on public record will be helpful in
building our case.
The charges I have put against him have already been
published in local and international media including my book “Modi’s War
Doctrine” whereas Modi has never denied these charges publicly.
My services with evidence would be Omni present for my
country to fight our case on the international front. I have already briefed
the government through Senate Standing Committee on Foreign Affairs on 9th Aug.
Our strong and consistent aggressive efforts on the right
international forums can reverse this illegal action of India committed against
the resolutions of UNO.
The Article was published in "The News" on August 15, 2019, link to the article is Options of Pakistan vs Indian illegal act by PM Modi by Senator Rehman Malik
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