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

Press Trust of India





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.



Inclement weather forecast: Admin asked to remain alert

Mudassir Kuloo



Srinagar, Jun 25: The state government has asked the divisional administration of Kashmir to remain on high alert in view of the inclement weather forecast for the next one month.
This follows the meeting chaired by Divisional Commissioner, Kashmir, Baseer Ahmad Khan to review the preparedness of the administration after receiving July weather forecast report from India Meteorological Department.
As per the minutes of the meeting, Divisional Commissioner was informed that the administration has to be on high alert to meet the challenges arising out of the “adverse weather conditions, in order to prevent recurrence of the situation that was witnessed in September 2014 floods”.
“The chair reiterated that a mock drill/exercise in this regard needs to be done and there should be no let off by any officer in addressing this situation,” reads the minutes of meeting.
During the meeting, the deputy commissioners apprised Khan that basic groundwork like identification of vulnerable areas, identification of rescue centers and preparation of evacuation plan, has been conducted.
Chief Engineer Irrigation and Flood Control told the meeting that the water holding capacity of river Jehlum, as compared to 2014 floods, has been increased and measures are being undertaken to further enhance the retaining capacity of flood spill channel.
“He requested that the Bailey Bridge temporarily constructed at the flood channel near Barzulla Bhagat needs to be removed in order to avoid any untoward incident in case the water level rises,” the minutes reads.
The district development commissioners have been directed to identify the low lying villages/areas, which may get inundated due to floods and caterogise them as per the threat of floods.
“DCs shall also identify rescue centers and buildings where the affected population shall be temporary relocated in the event of floods, and shall prepare evacuation plan for the purpose,” it reads.
Director Tourism, Kashmir, has been directed to liaise with the President JK Shikara Owners Association and direct him to provide Shikaras at a short notice in the eventuality of floods.
Director Meteorological Department, Sonam Lotus said it was difficult to predict on what day there would be rainfall. “But there will be rainfall in the month of July,” Lotus said.
Lotus however said people should not worry about any possibility of floods.

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Parents should invest on quality education: Mirwaiz




Srinagar, Jun 25: Hurriyat (M) chairman Mirwaiz Umar Farooq Tuesday urged the people of Kashmir to invest their resources on imparting quality education to their children so that a better tomorrow is built.
Addressing a function at Four Friends Public School Gili Kadal in Nowshehra here, Mirwaiz termed quality education as “major tool for the development and upliftment of nations.”
“No nation in the world can progress unless it makes imparting quality education to its children as its mission and aim as it is quite evident that western countries have touched new heights in progress and development by putting in its resources into education and research in various fields,” Mirwaiz said while addressing a galaxy of students, teachers, civil society activists and youth present.
Mirwaiz said that Kashmiri children are full of talent and can compete with other students at any level. “The only thing is that their talent needs to be exploited in a better way,” he said.
Mirwaiz stressed while imparting worldly knowledge to the children, moral and ethical values should be inculcated among the students and Islamic teaching should act as guiding principles and there should be no compromise on this front.
“When Kashmir was under the tight grip of illiteracy, darkness, poverty and atrocities on all sides around 120 years ago, the then Mirwaiz Alama Ghulam Rasool Shah laid the foundation of Islamia school and launched a large scale war against poverty and illiteracy in Kashmir and today the whole valley is reaping the benefits of the step taken by late Mirwaiz Shah in the shape of educational institutions that have come up in every area of the region which is a welcome step,” he said.

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War against corruption! ACB gets more teeth to take on influential people

Mudassir Kuloo



Srinagar, Jun 25: The war against corruption has been intensified in Jammu and Kashmir after the Governor-led administration gave more powers to the Anti-Corruption Bureau (ACB) to take on the corrupt high and mighty.
Last year, Governor Satya Pal Malik-led administration amended Prevention of Corruption Act Samvat, 2006 and Jammu and Kashmir State Vigilance Commission Act, 2011 and established the Anti-Corruption Bureau (ACB) to combat the menace of corruption in the state.
Under the new law, the government has deleted the clause of Anti-Corruption Bureau from the State Vigilance Commission (SVC) Rules, 2019. Under the earlier law it was mandatory for ACB to submit hourly reports to SVC.
“While exercising powers of supervision, the Commission shall not direct the Anti-Corruption Bureau to provide individual details of the cases or investigate or dispose of the case in a particular manner,” the rules say.
Chief Secretary B V R Subrahmanyam has said the establishment of ACB would go a long way in doing away with the shortcomings and multiplicity of roles in the existing anti-corruption mechanism in the state.
“The ACB has been empowered. It is as powerful as CBI. The government has strengthened the ACB so that it acts against the powerful people,” he said.
For the last several months, the ACB has taken on the highly influential people in the state
The ACB sleuths recently raided J&K Bank offices after receiving the complaints of fraudulent appointments. The anti-graft body has also registered a case against the former chairman of the bank.
ACB is also probing into the allegations of large-scale irregularities in matters related to loans, finances and appointments in the bank.
It has also registered cases against deputy mayor Srinagar Municipal Corporation, J&K Bank and government officials for “illegal appropriation of subsidy with inflated project cost for establishment of CA storage at Lassipora, Pulwama.”
As per the official details accessed by The Kashmir Monitor, the anti-graft body has also registered a case against former commissioner and the senior town planner of Jammu Municipal Corporation for criminal misconduct, abuse and misuse of their official position as public servants while issuing illegal building permission.
The ACB also caught Block Development Officer Sopore red-handed while allegedly accepting bribe. A case has also been registered against Divisional Manager of State Forest Corporation (SFC) Udhampur on corruption charges.
The ACB also registered cases against several bureaucrats for allegedly being involved in corrupt practices.
Director ACB, Anand Jain did not respond to repeated calls.
However, a senior official said the ACB has more powers than any other anti-graft body of the country.
“The government has strengthened it by making necessary amendments in the rules. The recent action against influential people has unnerved tainted bureaucrats and politicians,” the official said.

Want to report corruption: WhatsApp or call this number
Monitor News Bureau
Srinagar, Jun 25: The J&K Anti Corruption Bureau (ACB) Tuesday launched call and WhatsApp helpline number 9419678060 on which the citizens can report demands for bribe and corruption through social messenger and also through call.
“The motive of the ACB behind the announcing a WhatsApp and call helpline is to encourage citizens to report cases of corruption and bribe demands,” a spokesperson of the anti-graft body said.
While launching the helpline number in Srinagar, Anand Jain, Director, ACB said that WhatsApp has become a very popular medium of communication and people are more comfortable using it.
Moreover, he said, WhatsApp will also enable the complainant to post picture and videos of any complaints through electronic medium on real time basis.

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