New Delhi, Apr 9: The people of Kashmir ‘want a change, including Article 35A and Article 370’ as they hinder development, Prime Minister Narendra Modi said.
“The problem in Kashmir is largely due to the 50-odd political families there. They have been milking the issue. They don’t want any benefit to be given to the common Kashmiri people. They are using public sentiment for political gains. The income tax department has cracked down on such elements,” Modi said in an interview with News18 Network Group Editor-in-Chief Rahul Joshi.
He said that people of Kashmir “want freedom from political families.”
“While stone-throwers are funded by Pakistan to protect militants, when there is crackdown by the NIA on terror operators, people stand outside their homes and clap. People of Kashmir want freedom from such political families who have been preying on their emotions for 50 years. The situation in Kashmir is such that people want change, whether it is about Article 35A or 370,” Prime Minister said.
Modi said it was the former Prime Minister Jawaharlal Nehru’s policies which were an obstacle for the development in the Valley.
“There must be investment and job opportunities in Jammu and Kashmir. 35A, 370 have been standing in the way of development. No one goes there to invest. We can build IIMs, but professors are not ready to go there as their children don’t get admission in schools. They can’t find homes. This ends up harming the interests of J&K. Pandit Nehru’s policies stand as an obstacle for J&K today. It needs to be reviewed,” the Prime Minister said.
Blaming Pandit Jawaharlal Nehru for the crisis, Prime Minister Narendra Modi has said that Sardar Vallabhbhai Patel would have better handled the Kashmir issue and the Valley would not have remained ‘mired in controversy’.
Blaming Pandit Jawaharlal Nehru for the crisis in Jammu and Kashmir today, Prime Minister Narendra Modi has said that Sardar Vallabhbhai Patel would have better handled the issue and the Valley would not have remained ‘mired in controversy’.
He added that it was imperative that people in the rest of the country see ‘the progress’ in Kashmir. “Kashmiris have excelled in sports and competitive exams. Any top university today has Kashmiri students. We must encourage this.”
Modi also said the conflict in Kashmir valley “was limited to just ‘dhai’ (two and half) districts”, and the state largely remained stable under the BJP government. “There is no problem in Ladakh and Jammu. It is only two-and-a-half districts in Kashmir valley where there is a problem. We see these districts as the whole of Jammu and Kashmir. This narrative must change,” Modi said.
Modi claimed the BJP government had continued spending on development in the valley and had dealt with the state in a fair manner. “India has not done anything that should make Kashmir feel neglected or ill-treated. But we must treat this issue with sensitivity and understanding.”
In its manifesto, Sankalp Patra, the BJP has promised the abrogation of Article 370 if the party retains power in the Lok Sabha elections.
Targeting the Congress’s manifesto over its proposal of reviewing Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir, Prime Minister Narendra Modi on Monday said revoking the Act would be equivalent to sending soldiers to the gallows.
“The government must have the power to protect its armed forces. Only then will they have the morale to fight. Revoking AFSPA would be like sending our soldiers to the gallows. I won’t let this happen,” Modi said.
Emphasising on the need for the Act in a disturbed area such as Jammu and Kashmir, Modi said the government must first create an environment where AFSPA is unnecessary before revoking or diluting it. He also gave the example of Arunachal Pradesh, where the government partially revoked the Act earlier this month.
“First, we revoked it from a few districts in Arunachal. We then revoked it from a few other states. We were the first government to take such a step since 1980. But we have maintained law and order,” Modi said.
The Congress election manifesto, released last week, proposed a review of the AFSPA in Jammu and Kashmir. It also promised revocation or amendment of several other laws like sedition and defamation. This led to condemnation from BJP leaders. However, the Congress clarified it only intended to modify AFSPA in instances of human rights violations in Jammu and Kashmir.
Following the release of the grand old party’s manifesto, Finance Minister Arun Jaitley said the vision document was full of “dangerous ideas” that could lead to the “Balkanisation” of India. Jaitley went on to say that it seemed the Congress manifesto was drafted by the “Tukde Tukde Gang”, an oft-used BJP euphemism for those whom the party felt were working against the integrity of the nation state.
Modi took a similar view on the matter and said the Congress manifesto was ‘soft on terror’. “We are at the crossroads of eliminating militancy. Militants are demoralised and we are winning a psychological war against them,” he said.
Modi also said the Congress party’s views on the army were akin to that of Pakistan. “No patriot will tolerate this language. Their manifesto talks about removing AFSPA from Jammu and Kashmir. This amounts to removing weapons from a soldier’s hands,” he added.
The AFSPA provides special powers such as arrest without warrant, fire upon or use force against those acting against law and order, legal immunity, among others, to armed forces in a disturbed area. The Act has come under the scanner for human rights violations in regions of effect.
Union Home Minister Rajnath Singh has said there will be no option with the government other than abolishing the special status to Jammu and Kashmir in the Constitution if there is a demand for a separate Prime Minister for the militancy-affected state.
Earlier, National Conference leader Omar Abdullah had said that his party would strive for restoring the autonomy of Jammu and Kashmir that includes having a ‘Sadar-e-Riyasat’ (President) and ‘Wazir-e-Azam’ (Prime Minister).
“Someone who has been chief minister for a long time has said that there should be a Prime Minister in Jammu and Kashmir. If someone talks like that, we will have no option other than abolishing Article 370 and Article 35A,” Singh said.
Pak must review death sentence of Kulbhushan Jadhav: ICJ
The Hague, Jul 17: The International Court of Justice (ICJ) on Wednesday announced its verdict on India’s petition challenging the death sentence given to Indian spy Kulbhushan Jadhav, ruling that Jadhav be allowed consular access and asking Pakistan to ensure “effective review and reconsideration of his conviction and sentences”.
The court found by 15 votes to 1 that Pakistan had breached Jadhav’s rights under the Vienna convention on consular relations by not allowing Indian diplomats to visit him in jail.
It said that nothing in Article 36 of the Vienna Convention on Consular Relations (VCCR) precludes its applicability to persons accused of espionage.
The provision basically states that when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.
Pakistan had argued, unsuccessfully, that Article 36 of the VCCR does not apply to people involved in espionage.
Pakistan has been directed to suspend the execution of the death penalty awarded to Jadhav till it fulfills the new conditions (ensuring consular access and ‘effectively’ reviewing the case).
The ICJ, however, also rejected most of the other remedies sought by India, which included the annulment of the military court decision convicting Jadhav, his release and his return to India. It cited limitations of its jurisdiction in turning down those appeals.
Jadhav, 49, a retired Indian Navy officer, was sentenced to death by the Pakistani military court on charges of “espionage and terrorism” after a closed trial in April 2017. His sentencing evoked a sharp reaction in India
Reading out the verdict, President of the Court Judge Abdulqawi Ahmed Yusuf ordered an “effective review and reconsideration of the conviction and sentence of Mr Kulbhushan Sudhir Jadhav”.
The verdict in the high-profile case comes nearly five months after a 15-member bench of ICJ led by Judge Yusuf had reserved its decision on February 21 after hearing oral submissions by India and Pakistan. The proceedings of the case took two years and two months to complete.
India moved the ICJ in May 8, 2017 for the “egregious violation” of the provisions of the Vienna Convention by Pakistan by repeatedly denying New Delhi consular access to Jadhav.
3 Mar: Pakistan claims arresting Jadhav in Balochistan on charges of espionage. India claims he was kidnapped from Iran.
25 Mar: India is formally informed by Pakistan of Jadhav’s arrest. A confessional statement is released by Pakistan in which Jadhav claims to be a serving Indian Navy officer. India responds by moving the first of several requests for custodial access.
6 Sep: Pak files “supplementary” FIR naming 15 individuals as “accomplices and facilitators” of Jadhav, including NSA Ajit Doval, former RAW chief Alok Joshi, his wife Chetankul Jadhav, and mother Avanti Jadhav.
21 Sep: Military court begins hearing Jadhav case.
6 Jan: Pak ambassador to the UN Maleeha Lodhi presents a dossier to the UN chief alleging India’s involvement in cross-border terrorism in Pakistan and Jadhav’s arrest.
23 Jan: Islamabad writes to New Delhi, seeking assistance in investigating the Jadhav case, and saying its request for consular assistance shall be considered “in the light of the Indian side’s response”.
10 Apr: Jadhav is sentenced to death by a military court in Pakistan. India deems the death penalty as “pre-meditated murder”.
27 Apr: India writes to Pakistan, asking it for certified copies of the chargesheet, proceedings of the court of enquiry, the summary of evidence in the case, and the judgment itself. No reply is received.
22 Jun: Pakistan states that a military court has rejected Jadhav’s appeal.
8 May: India moves the International Court of Justice, and receives an interim stay on Jadhav’s execution, pending final orders in the case.
26 Oct: Islamabad writes to New Delhi, offering to discuss extraditing him to India should the government accept he is “considered a criminal under the laws of India.”
25 Dec: Jadhav’s mother and wife are allowed to visit him in prison.
Jan 17: Apr 17 and July 17 fixed as deadlines for India’s Reply and Pak’s Rejoinder respectively.
Feb 18-21: India and Pak make two rounds of oral arguments at The Hague.
Jul 4: ICJ announces that the President of the Court, Judge Abdulqawi Ahmed Yusuf, will read the Court’s decision on July 17.
How binding are ICJ judgments?
Srinagar, Jul 17: According to ICJ, judgments delivered by the court (or by one of its chambers) in disputes between states are binding upon the parties concerned. Article 94 of the United Nations Charter provides that “each Member of the United Nations undertakes to comply with the decision of [the court] in any case to which it is a party”. Judgments are final and without appeal.
If there is a dispute about the meaning or scope of a judgment, the only possibility is for one of the parties to make a request to the court for an interpretation. In the event of the discovery of a fact hitherto unknown to the court which might be a decisive factor, either party may apply for revision of the judgment.
However, there have been instances when the ICJ’s rulings have not been followed. The most famous one was in 1986, when the ICJ ruled in a petition by Nicaragua, which alleged that the US had waged a covert war against it by supporting a rebellion.
The ICJ ordered reparations from the US in favour of Nicaragua. The US, in response, cancelled its declaration of the ICJ’s jurisdiction. It then went to the UN Security Council against the ICJ order and succeeded.
So, whatever the ICJ decides, both governments will have to be prepared for a long haul.
Hafiz Saeed arrested by Pak’s counter-terrorism dept
Srinagar, Jul 17: Jamat ud Dawa (JuD) chief Hafiz Saeed was arrested Wednesday by Pakistan’s Counter Terrorism Department (CTD) in connection with charges related to terror financing, Dawn and Geo news reported.
The arrest, as per the reports, was made when Saeed was travelling to Gujranwala from Lahore to appear before an anti-terrorism court. The Mumbai 26/11 mastermind has been moved to an undisclosed location, it added.
Quoting CTD spokesperson for Punjab, Dawn reported that Saeed, following his arrest, was sent to prison on judicial remand after the counter-terrorism department presented him before a Gujranwala anti-terrorism court (ATC).
The CTD has been directed to complete its investigation and submit a charge sheet to the court in the stipulated time, the report said.
A JuD spokesperson also confirmed the arrest to Reuters.
The arrest comes in the wake of an ATC in Lahore granting Saeed pre-arrest bail. Along with Saeed, three others were also granted the bail in a case pertaining to JuD’s alleged illegal use of land for its seminary, Dawn reported on July 14.
The CTD had registered 23 cases in July against the leadership of JuD, LeT and FIF (Falah-i-Insaniyat Foundation) for gaining assets from “terrorism” financing through non-profit organisations. The move was termed by India as “cosmetic steps against terror groups by Pakistan”.
“Pakistan is trying to hoodwink the international community on taking action against terror groups. Let us not get fooled by cosmetic steps against terror groups by Pakistan,” MEA spokesperson Raveesh Kumar had said.
Pakistan’s push against Saeed came after Financial Action Task Force (FATF), at a plenary session in USA. FATF chair, the US, had told Pakistan it could face blacklisting at its next session in October if it did not adhere to its commitments to stop access to funds for “terror” groups.
Saeed’s arrest comes just ahead of Prime Minister Khan’s maiden visit to the US on July 21 during which he will hold talks with US President Donald Trump. Trump has repeatedly asked Pakistan to abide by its UN Security Council commitments to deny “terrorists” safe haven and block their access to funds.
The Saeed-led JuD is believed to be the front organisation for militant outfit Lashkar-e-Taiba which is deemed to be responsible for carrying out the 2008 Mumbai attacks that killed 166 people. The US Department of the Treasury has designated Saeed as a Specially Designated “Global Terrorist”, and the US, since 2012, has offered a USD 10 million reward for information that brings Saeed to justice.
LeT militant killed in Sopore gunfight
Srinagar, Jun 17: After a brief lull in the encounters in Kashmir, a Lashkar-e-Toiba militant identified as a local, was Wednesday killed in a gunfight at Gund-Brath village of Sopore in north Kashmir’s Baramulla district.
Giving details of the encounter, a police official said that Army’s 22 RR, 179 BN CRPF and SOG of J&K police jointly launched a cordon-and-search operation in Gund Brath village of Sopore following specific information about the presence of militants inside a residential house.
During the search operation, the official said, the hiding militant fired on the search party. The fire was retaliated leading to an encounter.
In the ensuing encounter, one militant was killed and the body was retrieved from the site of encounter.
The slain militant was identified as Adnan Ali Channa son of Ali Muhammad Channa, a resident of Arampora Azad-Gunj, Baramulla.
As per the police records, the slain was affiliated with militant outfit LeT.
Meanwhile, authorities suspended internet services in Sopore and Baramulla as a precautionary measure in wake of this encounter. Later in the day, thousands of people participated in the funeral prayers of slain militant at his native village Azadgunj.
The encounter was the first one after the commencement of annual pilgrimage of Amarnath on July 1.