Ashiq Hussain Faktoo

Qasim Faktoo (also known as Mohammad Qasim) is a Kashmiri separatist and militant, serving life imprisonment for the murder of Hriday Nath Wanchoo. He had been among the earliest members of Hizbul Mujahideen.

Personal life Faktoo graduated in Commerce from Islamia College Srinagar. He claims to have been denied selection in the state constabulary for failing to pay bribe; this incident motivated him to rally against the state and with the passage of time, become a secessionist. Faktoo is married to Asiya Andrabi, the co-founder of Dukhtaran-e-Millat.

Education He earned his PhD in Islamic Studies in 2006, from the prison, and has been since working towards a second PhD in the same field.

Politics Faktoo's introduction into radical Jihadi secessionist politics was via Mohammad Abdullah Bangroo, a co-founder of Hizbul Mujahideen. Initial media narrative centered on how the local administration had released two militants in exchange for murdering Wanchoo, one of whom (Zulkar Nan) would be killed in an encounter. Days before his death, Wanchoo had confessed in private, about threats to his life from local administration as well as the security apparatus.

Investigation and Prosecution The state government roped in Central Bureau of Investigation (CBI) to investigate the murder; the agency assigned blame on a militant group called "Jamait-ul-Mujahidin" comprising twelve Kashmiri Muslims including Faktoo. He was arrested along with Andrabi, at the Srinagar Airport, upon returning from Delhi. By the time, the investigation concluded, four of the accused had died and five had absconded, leaving only three — Faktoo himself, Mohammad Shafi Khan, — for the trial under Terrorist and Disruptive Activities (Prevention) Act (TADA) before a special court in Jammu. A writ-cum-review petition was filed by Faktoo and Khan in August 2016; however, the Court declined to entertain the petition on procedural grounds. Duration of life-imprisonment In 2007, Faktoo filed a petition before the High Court for premature release since he had already spent fourteen years in jail; accordingly, a Review Board was set up, who recommended his release. The Government disagreed with the recommendation premising upon the gravity of the case but Justice Mansoor Ahmad Mir rejected the explanation, ordering the Government to reassess Faktoo's release within three months; on appeal, a division bench overturned the judgement and held that TADA convicts can only be considered for release upon twenty years of imprisonment. In 2012, having spent twenty years in prison, Faktoo filed a fresh appeal before the Kashmir High Court for premature release; Justice Mir did not find Faktoo's case fit to grant remission. In media interviews, Faktoo claims to have declined multiple release-offers from the Government of India that were conditional on his renouncement of the separatist cause and contesting in local polls.