Pro-Pak Kashmiri businessman seeks relief in J&K HC

SRINAGAR: A petition was submitted to the J&K High Court last week by former Kashmir Chamber of Commerce and Industries (KCCI) president Mubeen Shah, who has been under the scrutiny of Indian security agencies for alleged ties to Pakistan-backed separatist groups. Shah was detained under the Public Safety Act (PSA) following the abrogation of Article 370 in J&K but relocated to Turkey shortly after his release.

 

“Mubeen is among the most-wanted individuals in J&K, with a Lookout Circular (LoC) issued against him. After his release from Agra jail, where he was detained under the Public Safety Act (PSA), Mubeen discreetly left India and relocated to Turkey with his family. He is currently residing in Turkey and has even acquired a passport there.”

He has submitted a petition to the J&K High Court, requesting the dismissal of an FIR filed against him in 2020 for allegedly making threatening social media posts targeting non-locals residing in Kashmir.

On 6 October 2021, Turkey-based Kashmiri businessman and separatist Dr Mubeen Shah took to social media, urging Kashmiris to prevent the settlement of non-locals in their regions and to boycott any administrative officials involved in issuing domicile certificates to non-Kashmiris.

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The agencies and J&K Police, perplexed by how Mubeen, a resident of Buchwara, Srinagar, currently residing in Turkey, managed to file a case in the court despite a lookout circular against him, are now investigating how his advocates are in contact with him and how he signed the vakalatnama. They are also examining the method of payment for court and advocate fees, as well as whether someone in Srinagar is coordinating with Mubeen and financing his legal proceedings here.

Mubeen was released by the J&K government in December 2019, reportedly due to intervention by U.S. lawmakers. Following his release, he travelled to Malaysia to visit his son, then moved to Turkey, where he has remained ever since, without returning to India.

During last week’s hearing on Mubeen’s petition, Senior Additional Advocate General (AAG) Mohsin Qadri submitted that the petitioner was residing abroad and was not in India when the petition was filed. He further noted that the affidavit supporting the application for interim relief had not been attested by the competent authority and stated that the petitioner was in Malaysia at that time. Additionally, the vakalatnama had not been executed by the petitioner in favour of any counsel.

Notably, two advocates, R A Jan and Humaira Sajjad, represented Shah during the hearing on July 29, 2024.

According to a senior intelligence official, “ Mubeen plays a significant role in presenting a ‘factually incorrect’ narrative about Kashmir to the international community, allegedly under the direction of Pakistani agencies.”

He added, “ Mubeen regularly attended Hurriyat Co-ordination Committee meetings held under hard-line pro-Pakistani secessionist Syed Ali Shah Geelani and Mirwaiz Umar Farooq to discuss strategies related to organising anti-India protests, marches and strike calendars.”

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During the investigation of the FIR filed against Mubeen in 2020, authorities engaged with his Facebook profile. Based on the evidence gathered, a request was made to the competent court for an arrest warrant against him. Revenue authorities were also asked to obtain Mubeen’s property details to declare him a proclaimed offender and initiate legal proceedings for property attachment.

An intelligence agency source informed The New Indian that on August 10, 2008, Mubeen Shah was summoned by the Divisional Commissioner of Kashmir for a meeting to address the legitimate concerns of Trade Unions and Transporters. However, he abstained and instead incited trade federations to call for frequent strikes (hartals), which severely disrupted normal life. He also encouraged government employees to engage in a disobedience campaign and supported the ‘Muzaffarabad Chalo’ call made by fruit growers and both factions of the Hurriyat. In response, thousands of people took to the streets, raised anti-India slogans, and engaged in rioting and violence, leading to seven fatalities in police firing.

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On September 11, 2008, Mubeen Shah urged traders to boycott trade with Jammu and explore alternative options to maintain the flow of essential commodities in the valley. This incitement led common Kashmiris to block supplies from Jammu, exacerbating communal tensions.

On 19 April 2023, Dr Mubeen Shah shared an article captioned “Pulwama attack, India’s weapon of war against Pakistan” Gulam Ullah Kiyani, a freelancer from Pakistan suggested all Kashmiris, Indians and Pakistanis go through the same to know the alleged conspiracies of New Delhi against Pakistan.

On 7 October 2023, Dr Mubeen Shah, through a social media post, incited the people of Kashmir, particularly those in Downtown Srinagar, to refrain from selling their properties to non-locals. He described this as part of an “Israel-like” policy aimed at altering the demography of J&K.

Since leaving the country, Mubeen Shah has emerged as a prominent figure in the Kashmir diaspora, maintaining close ties with Pakistan. He has been appointed Vice Chairman of the United Platform of Kashmir Diaspora, known as the “Kashmir Diaspora Coalition.”

 

Dr Mubeen Shah, in coordination with Pakistani agencies and separatist groups, has set up a facility called “Kashmir House” in Istanbul, Turkey. The centre features a ground-level coffee shop, a retail store selling Kashmiri crafts, and meeting rooms dedicated to advocating for the so-called human and political rights of the Kashmiri people.

 

At Kashmir House in Turkey, Dr. Mubeen Shah is actively engaging with the Turkish government, political parties, civil society, think tanks, universities, as well as diaspora groups in Istanbul and beyond, to disseminate misleading information and seek support for secessionist and Pakistani-sponsored terrorism activities.

In 2023, Dr Mubeen Shah met with former Pakistani Prime Minister and PTI Chairman Imran Khan in Pakistan to discuss the ongoing situation in Kashmir.