39 yrs later, Ganga hijack trial still on

A week before the Union Cabinet cleared proposals to include death sentence as punishment for hijacking, a 56-year-old stood silently in a Srinagar court, listening to statements being recorded about a plane he had hijacked as a 17-year-old.

The trial of the case involving the hijacking of the Indian Airlines Srinagar-Jammu flight to Lahore on January 30, 1971 is still on in a Srinagar court. Hijacker Hashim Qureshi and cousin Ashraf forced the Ganga, a Fokker Friendship, to Lahore where it was set on fire after all on board were released. Thirty-nine years later, Qureshi is seeking closure of the case so that he can concentrate on politics in the Valley.

After landing in Lahore, Qureshi and his cousin were treated like heroes but were later taken into custody — many in Pakistan alleged they were Indian agents. Qureshi served a nine-year jail term in Pakistan, after which he went to the Netherlands where he remained for 20 years, even getting citizenship of that country. His cousin remained in Pakistan after release from jail. On December 29, 2000, Qureshi was brought back to the Valley —- where he faces trial in the hijack case —- after his arrest in Delhi.

His defence is based on the principle of double jeopardy which holds that a person cannot be tried for an offence for which he has already been prosecuted. But in this case, Qureshi was prosecuted and convicted by a Pakistani court. The court is yet to take a final view. Only when the prosecution is able to prove his guilt in the case, the accused can avail of all the defences under law including the principle of double jeopardy, said Qureshi's lawyer Riyaz Jan.

"I am hopeful that the case will come to a close soon," said Qureshi. "This will allow me to concentrate on politics." Qureshi is the leader of the Democratic Liberation Party which wants an independent Kashmir. But over the years, his political outlook has changed —- he rejects violence, he is not opposed to participating in the election process, and is open to a "flexible solution" on Kashmir.

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