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1982 JK re-settlement law: SC defers hearing, CJI to fix date

Press Trust of India

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New Delhi, Jan 9: The Supreme Court on Wednesday deferred hearing on a plea challenging the validity of the sensitive Jammu and Kashmir Resettlement Act of 1982, and said the Chief Justice will fix the further date for hearing in the matter.

A bench of Chief Justice Ranjan Gogoi and Justices L N Rao and S K Kaul perused the letter circulated by Jammu and Kashmir government seeking adjournment and asked the reason for it.

The bench deferred the hearing and said the date of further hearing will be fixed by the Chief Justice of India in chambers.

 

Jammu and Kashmir Standing counsel Shoeb Alam and advocate general D C Raina said adjournment of proceeding was sought as the state was currently under the President’s rule.

Alam said since the enactment challenged in the plea filed by Jammu and Kashmir National Panthers Party (JKNPP) was a legislation of a state assembly, therefore matter should be heard when the elected government comes in place.

To this, the bench said that it cannot defer the matter for hearing indefinitely and there was always a government in place.

The state government counsel further said that the matter was sensitive and an adjournment was sought only till the time an elected government comes in power and it was not his submission that there was no government in place.

Alam suggested that matter could be heard in April.

Justice Kaul asked him whether the competent authority under the Act was ever notified and whether any applications for re-settlement had been received.

He replied in negative to both the queries.

Justice Kaul then asked senior advocate Bhim Singh, appearing for JKNPP, as to what was the hurry in hearing the matter, when the Act was never operated and moreover there was a stay on its operation from the apex court.

Singh replied that the matter has been pending since 2001 and it needs to be finally adjudicated at the earliest.

The bench then pointed out that in their opinion, the only issue that remains was whether the descendants of permanent residents, who migrated to Pakistan, could be permitted to return, especially in view of the fact that no application has been filed by the permanent residents of the state that too after more than 70 years of migration.

Permanent residents are the persons who are being given special rights and privileges under the Jammu and Kashmir Constitution.

It asked Alam and Raina to seek instructions on this aspect.

The state government had on January 7, moved the apex court seeking adjournment of the hearing on a plea saying that there is no elected government in place.

On December 13 last year, the apex court, while hearing the plea challenging the validity of the sensitive Act, had sought to know as to how many people who migrated from the state have applied for returning from Pakistan.

The top court was apprised that the Act was meant for those people who had migrated to Pakistan during the partition in 1947 and were willing to return.

The Jammu and Kashmir Resettlement Act of 1982, which was stayed by the apex court in 2001, envisages grant of permit for resettlement of Pakistani nationals who had migrated to Pakistan from Jammu and Kashmir between 1947 and 1954 after India’s partition.

The top court had on August 16, 2016 indicated that it may refer the matter to a constitution bench if it finds that some issues needed interpretation of the Constitution.


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BSF officer killed, 4 soldiers injured in cross-LoC firing

Global News Service

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Jammu, Jan 15: An Assistant Commandant of Border Security Force (BSF) was killed in a ‘sniper fire’ by Pakistan along the Line of Control (LoC) in Samba district of Jammu on Tuesday.

Elsewhere, three BSF personnel and an army soldier were injured in separate incidents of firing along Rajouri and Kathua districts of Jammu.

Quoting a police official, news agency GNS said that Pakistan army opened sniper fire upon the BSF posts along the fence at around 10:50 am on Tuesday resulting in serious injuries to the officer identified as Assistant Commandant, Vinay Prasad.

 

He was immediately taken to a nearby health facility of army, from where he was airlifted to military hospital Satwari, Jammu, the official said.

“The officer succumbed to the grave injuries in the evening,” the officer added.

Meanwhile, three BSF troopers and an army soldier were injured, two of them critically, after the armies of India and Pakistan traded fire along the Line of Control (LoC) and international border in Rajouri and Kathua districts.

Official sources said that two BSF men and an army soldier posted along the LoC near Sunderbani sector of Rajouri were injured in the firing.

“One among the injured BSF men was identified as AnirbanChatterji, who suffered critical injuries and has been shifted to military hospital Satwari Jammu,” officials said.

The army soldier identified as Akash of 6 Jat Rifles and other BSF personnel, whose identity could not be immediately established, have also been admitted to hospital.

In another similar incident, a BSF trooper was injured when Pakistan troops fired on Indian pickets along the International Border (IB) in Hiranagar sector of Kathua district on Tuesday. The injured trooper has been taken to hospital for treatment.

There was a fresh exchange of fire between India and Pakistani army in MendharMankote and Balakote areas of Poonch and Kalal of Nowshera Rajouri.

In these areas, shells landed in some residential areas, following which the local moved to safer places.

An official of the BSF confirmed all these incidents and said that “our troops guarding the fence returned fire effectively and strongly”.

The officer said that in wake of growing incidents of ceasefire violation and sniper attacks, the Indian troops guarding the fence in all these areas has been put on high alert.

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Govt issues appointment orders to 921 medical officers

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Jammu, Jan 15: To augment health care facilities in the rural and far flung areas of the state, Health and Medical Education (H&ME) Department Tuesday issued appointment orders to 921 Medical Officers recruited on fast track basis.

To fast track the recruitment process, the H&MEDepartment had made relevant provisions in the rules and SRO, which paved the way for making the recruitment process a time bound exercise.

Pertinently, the department had referred one thousand vacancies of Medical Officers (MOs) of the Jammu and Kashmir Health and Family Welfare (Gazetted) Service to the J&K Public Service Commission (JKPSC) for making selections. After conducting the written examination, the J&K Public Service Commission finally recommended 921 candidates for selection as Medical Officers.

 

The H&ME department completed the process of recruitment in a record time of 3 months and issued appointment orders to the selected candidates.

Out of total 921 Medical Officers appointed by the department, 35 have  been  posted in district Anantnag, 18 in Bandipora, 58 in Baramulla, 28 in Budgam,119 in Doda, 33 in Ganderbal, 32 in Jammu, 52 in Kargil, 84 in Kathua, 46 in Kishtwar, 62 in Kupwara,  30 in Kulgam, 33 in Leh, 27 in Pulwama, 81 in Poonch, 56 in Ramban, 57 in Rajouri, 16 in Reasi, 08 in Samba,15 in Shopian and 41 in Udhampur.

Of these, 185 Medical Officers with specializations have also been posted in different districts of the state.

As per the Government order issued in this behalf, the appointees shall submit their joining reports to their concerned Drawing and Disbursing Officers (DDOs) within a period of 21 days and in case of failure to join within the stipulated period, the appointment shall be deemed to have been cancelled ab-initio without any further notice.

Meanwhile, Governor Satya Pal Malik, Advisor to Governor K Vijay Kumar and Chief Secretary B.V.R Subrahmanyam have conveyed their best wishes to the newly appointed Medical Officers with the hope that they will work with zest and zeal to provide best healthcare services to the people, particularly living in rural and far flung areas of the state.

The selected candidates can visit www.jkhealth.org for the selection list and to check the details of their place of postings.

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JNU case: Joint Hurriyat seeks withdrawal of charges against Kashmiri students

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Srinagar, Jan 15:Joint Hurriyat Leadership comprising Syed Ali Geelani, Mirwaiz Umar Farooq, and Yasin Malik has strongly denounced the sedition charges and filing of charge sheet by the Delhi Police against Kashmiri students pursuing studies at Jawahar Lal Nehru University (JNU).

The leadership said the charges will have serious consequences on the academic and future career of the students.

The Kashmiri students include Aqeeb Hussain, Mujeeb Hussain, MuneebHussain,UmairGul, Rayees Rasool, Khalid Bashir, Basharat Ali.

 

The leadership said the students only participated in the programme organized by JNU students Union in 2016 to condemn the hanging of Muhammad Afzal Guru, who was hanged in Tihar Jail under shadowy circumstances without even informing his family members and in contravention to all established norms and rules.

The leaders said to book the students in 2019 clearly exhibit the vote bank politics of the ruling dispensation.

They said to harass the Kashmiri students pursuing studies outside Jammu and Kashmir is not a new practice, earlier in many universities and colleges Kashmiri students have been harassed  even beaten up, forcing them to drop the studies incomplete and return home

“The Joint Hurriyat appealed International Human Rights Organizations ICRC, Asia Watch, Amnesty International and other humanity loving nations to take serious notice of these nefarious practices carried out to ruin the carriers of the Kashmiri students,” a spokesperson of the amalgam said.

JNU Case: Delhi court to consider chargesheet on Jan 19

New Delhi, Jan 15: A Delhi court Tuesday fixed January 19 for consideration of charge sheet against former Jawaharlal Nehru University Students’ Union (JNUSU) president Kanhaiya Kumar and others, including seven Kashmiri students, in the 2016 JNU sedition case.

The court put up the matter for hearing on the date as Chief Metropolitan Magistrate Deepak Sherawat was on leave Tuesday.

The Delhi Police had on Monday filed a chargesheet at a city court against Kanhaiya Kumar and others, saying he was leading a procession and supported “seditious slogans” raised on the varsity campus in February 2016.

Police also charged former JNU students Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during an event on the university’s campus on February 9, 2016, to commemorate the hanging of Afzal Guru.

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