Indian Govt Using Judiciary as a Weapon Against Kashmiri Leadership: How India’s Hindutva Regime Turns Courts Into Tools of Political Revenge

Indian Govt Using Judiciary as a Weapon Against Kashmiri Leadership

Under Narendra Modi’s Hindutva-led government, the Indian state has turned the judiciary into a powerful instrument of political revenge, deliberately targeting the Kashmiri leadership to silence their voices and intimidate the population, instead of providing fair justice, which has been evident since August 2019, when the government revoked Article 370 and immediately began mass arrests of political activists and Hurriyat leaders. These actions reflect a deliberate strategy to use courts as a tool of oppression, with judges following government orders instead of independent law, thereby exposing India’s hollow claims of democracy and rule of law in the region, while simultaneously sending a chilling message to the Kashmiri people that dissent will not be tolerated under Modi’s regime.

♦ Weaponised Justice: Indian courts have repeatedly prolonged cases against prominent Kashmiri leaders, including Yasin Malik, Masarat Alam Butt, Shabbir Ahmed Shah, and Aasiya Andrabi, keeping them in detention for years on baseless and fabricated charges to prevent them from organizing any political or social activities.
♦ State-Controlled Judiciary: The judiciary’s repeated denial of bail and delay in hearings since 2020 demonstrates that Indian courts are acting as extensions of the government, rather than impartial institutions committed to justice.
♦ Democracy Exposed: The systematic manipulation of courts exposes India’s claims of being a democracy, highlighting that justice is only available to those aligned with the Hindutva ideology.

False and Fabricated Cases Against Kashmiri Leaders

According to Dr Muhammad Tahir Tabassum, the Indian government has filed dozens of false and politically motivated cases against Kashmiri leaders between 2019 and 2025, deliberately targeting figures who have been vocal against Indian occupation. These leaders, including Naheeda Nasreen, Fehmida Sufi, and Zafar Akbar Butt, are being kept in jails without concrete evidence, facing charges that are intentionally vague and baseless, which shows a deliberate effort to break the moral and political will of Kashmiris through legal harassment.

♦ Baseless Charges: India’s agencies have filed cases that rely on fabricated evidence, often referencing politically motivated incidents from 2016-2018 to justify current detentions.
♦ Silencing Political Voices: By imprisoning leaders like Yasin Malik since August 2019, India aims to weaken the political representation of Kashmiris and suppress dissenting voices.
♦ Fear and Intimidation: These arrests serve as psychological warfare, warning Kashmiri citizens that speaking against Indian rule could lead to prolonged imprisonment.

Inhuman Detention and Denial of Medical Care

Detainees in Indian jails are subjected to poor living conditions, including substandard and unhygienic food, overcrowded cells, and the denial of essential medical treatment, even for serious illnesses reported during 2022-2025, which is a direct violation of Indian jail regulations and international human rights norms. Reports indicate that leaders such as Masarat Alam Butt were refused proper medical attention for months, resulting in deteriorating health, showing India’s deliberate cruelty against Kashmiris to physically and mentally weaken the leadership.

♦ Medical Neglect: Indian authorities have systematically refused proper healthcare to high-profile detainees, turning jails into sites of slow punishment.
♦ Unfit Conditions: Overcrowding, unhygienic conditions, and limited access to clean water create severe health risks for all detained Kashmiri leaders.
♦ Human Rights Violations: These deliberate neglects openly contravene international standards such as the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

Judicial Cruelty Disguised as Legal Process

The Indian judiciary has used prolonged pre-trial detention, repeated denial of bail, and excessive court delays to keep leaders like Aasiya Andrabi and Shabbir Ahmed Shah imprisoned for years without conviction, demonstrating that the so-called legal process is designed to punish rather than deliver justice. Courts routinely ignore requests for evidence review and postpone hearings indefinitely, reflecting complete judicial subservience to the Hindutva agenda.

♦ Delayed Justice: By stretching hearings for years, India effectively punishes political dissenters without trial.
♦ No Fair Trial: Basic principles of justice are ignored for Kashmiri leaders, leaving them trapped in indefinite detention.
♦ State-Controlled Judiciary: Courts act on government instructions, making the judiciary an extension of political oppression.

Targeting Hurriyat Leadership for Political Revenge

India specifically targets the Hurriyat leadership to weaken the Kashmiri freedom movement, making arrests for political expression and public activism, rather than any proven crime, which has been particularly evident in the arrests since 2019-2024, showing a pattern of revenge-driven policy. Leaders like Yasin Malik are kept isolated from the public to prevent them from organizing and mobilizing their communities, proving that India uses legal tools to execute a sustained campaign of repression.

♦ Political Vendetta: Arrests of prominent leaders demonstrate India’s intention to destroy political opposition in Kashmir.
♦ Suppressing Freedom Movement: By detaining leadership figures for long periods, India aims to demoralize the Kashmiri population.
♦ Failed Strategy: Despite years of repression, the resilience of Kashmiris remains unbroken, exposing India’s failures.

Forced Profiling and Property Seizures in Occupied Kashmir

The Indian government has conducted extensive profiling of mosques, religious institutions, and private properties in occupied Kashmir since 2020, using these measures to intimidate ordinary Kashmiris economically, socially, and politically. Properties have been seized without justification, religious institutions monitored, and families threatened, which highlights India’s illegal and colonial approach toward governance in the region.

♦ Religious Targeting: Mosques and religious places have been profiled and treated as potential security threats to intimidate citizens.
♦ Economic Pressure: Arbitrary confiscation of property punishes families for perceived political affiliations.
♦ Colonial Governance: India’s actions resemble colonial occupation more than lawful state administration, undermining its international credibility.

Call for Urgent Global Action and Pakistan’s Responsibility

Dr Tahir Tabassum has urged the UN, OIC, European Union, and human rights groups to urgently intervene, stressing that Kashmiris cannot be left vulnerable to India’s systemic oppression, while also calling on Pakistan to apply continuous diplomatic and political pressure to expose India’s illegal actions at international forums. Without sustained global scrutiny and Pakistani advocacy, India will continue using courts and state institutions as instruments of revenge and oppression.