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China, Pak agents of illegal immigration in Northeast: Army Chief

Monitor News Bureau

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New Delhi: Army Chief General Bipin Rawat said that Pakistan and China are behind illegal immigration in the Northeast.
He made this statement while addressing the ‘North East Region of India Bridging Gaps and Securing Borders Summit,’ in New Delhi .
“Migration from Bangladesh is due to two reasons. One, they are running out of space. Large areas get flooded during the monsoon and they have constricted area sto stay. So, people will continue coming into our place,” the Army chief said.
He added, “The other issue is a planned immigration that is taking place because of our western neighbour (Pakistan). They will always try and ensure that this area is taken over through proxy warfare. This proxy game is being played very well by our western neighbour and supported by our northern neighbour (China).
He said we need to understand the problem in the Northeast.
“Is it identity problem? Is it a problem of development? Is it a problem of security? Or, is it a problem with the demography that is happening right now? I think it is all-encompassing and we will have to look at it holistically,” the Army chief said.
He also said that the Centre is seriously contemplating to address issues in the Northeast with its Act East Policy and looking at development from Central perspective.
“Development is the main issue and identifying the population of this area (Northeast) with the population of mainland becomes important. The Centre is looking at Northeast with right perspective and time will not be far when we will be able to amalgamate this region and with development will take control of people of this region,” said the Army chief.
Maintaining that it was difficult to change the population dynamics of the Northeast, General Rawat said, “There is a party called AIUDF (All India United Democratic Front). They have grown in a faster time-frame than the Bharatiya Janata Party (BJP). When we talk of Jan Sangh with two MPs and where they have reached, AIUDF is moving at a faster pace in the state of Assam.”
The AIUDF is a political party active in the Indian state of Assam. It is the champion of Muslims in Assam.
The Army chief said, “We have to live with the people of the region, irrespective of their caste, creed, religion or sex. If we understand that then we will be able to live together happily. We will have more trouble in segregating people.”
Talking about Arunachal Pradesh, he said, “Arunachalis speak pure Hindi so amalgamating them with us is not a problem.”
China claims parts of Arunachal Pradesh as its territory.
Meanwhile Army on Thursday defended its chief Bipin Rawat’s comments about the rise of a political party in the Northeast on the back of Muslim support, saying there was “nothing political or religious in the talk”.
The response comes after Badruddin Ajmal, president of the All India United Democratic Front (AIUDF) questioned if the Army chief was “indulging in politics” which is against the constitutional mandate given to him.
“Gen Bipin Rawat has made a political statement, shocking! Why is it a concern for the Army Chief that a political party, based on democratic & secular values, is rising faster than BJP? Alternative parties like AIUDF, AAP have grown because of the misgovernance of big parties,” Ajmal tweeted.
Reacting to the Army statement, Ajmal tweeted: “If nothing political, why was Army Chief dragging a political party, in his speech, whose representatives are democratically elected by Indian citizens?”
Speaking at a conference on the Northeast in the Capital on Wednesday, Rawat said: “They (Pakistan) will always try and ensure that this area is taken over… playing the proxy dimension of warfare where they do not have to confront a stronger nation through conventional operations.”
He did not name Pakistan or China, instead using “western neighbour” and “northern neighbour” to refer to them.


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CJI’s office comes under RTI, rules SC

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New Delhi, Nov 13: The Supreme Court on Wednesday held that the office of the Chief Justice of India was a public authority and fell within the ambit of the Right to Information Act.

A five-judge Constitution bench headed by Chief Justice Ranjan Gogoi upheld the 2010 Delhi High Court verdict and dismissed three appeals filed by Secretary General of the Supreme Court and the Central Public Information officer of the apex court.

Cautioning that RTI could be used as a tool of surveillance, the top court in its judgment, held that judicial independence had to be kept in mind while dealing with transparency.

 

The bench, also comprising Justices N V Ramana, D Y Chandrachud, Deepak Gupta and Sanjiv Khanna, said only the names of judges recommended by the Collegium for appointment could be disclosed, not the reasons.

While the CJI and Justices Deepak Gupta and Sanjiv Khanna penned one judgment, Justices Ramana and Chandrachud wrote separate verdicts.

It said that the Right to Privacy was an important aspect and it had to be balanced with transparency while deciding to give out information from the office of the Chief Justice. Justice Chandrachud said the judiciary could not function in total insulation as judges enjoy constitutional posts and discharge public duty.

Justice Sanjiv Khanna said independence of the judiciary and transparency went hand in hand.

Justice Ramana, who concurred with Justice Khanna, said there should be a balancing formula for Right to Privacy and right to transparency and independence of judiciary should be protected from breach.

The High Court on January 10, 2010 had held that the CJI office came within the ambit of the RTI law, saying judicial independence was not a judge’s privilege, but a responsibility cast upon him.

The 88-page judgment was seen as a personal setback to the then CJI, K G Balakrishnan, who had been opposed to disclosure of information relating to judges under the RTI Act.

The high court verdict was delivered by a three-judge bench comprising Chief Justice A P Shah (since retired) and Justices Vikramjit Sen and S Muralidhar. The bench had dismissed a plea of the Supreme Court that contended bringing the CJI’s office within the RTI Act would ‘hamper’ judicial independence.

Justice Sen has retired from the apex court, while Justice Murlidhar is a sitting judge of the High Court.

The move to bring the office of the CJI under the transparency law was initiated by RTI activist S C Agrawal. His lawyer Prashant Bhushan had submitted in the top court that though the apex court should not have been judging its own cause, it was hearing the appeals due to the “doctrine of necessity”.

The lawyer had described the reluctance of the judiciary in parting information under the Right To Information Act as ‘unfortunate’ and ‘disturbing’, asking: “Do judges inhabit a different universe?”

He had submitted the apex court had always stood for transparency in functioning of other organs of State, but it developed cold feet when its own issues required attention. Referring to the RTI provisions, Bhushan had said they also deal with exemptions and information that cannot be given to applicants, but the public interest should always ‘outweigh’ personal interests if the person concerned is holding or about to hold a public office. Dealing with ‘judicial independence’, he said the National Judicial Accountability Commission Act was struck down for protecting the judiciary against interference from the executive, but this did not mean that judiciary is free from ‘public scrutiny’.

Transparency activists on Wednesday welcomed the Supreme Court’s decision, saying the apex court had reiterated the established position in law in the matter.

“I welcome the decision of the constitution bench to reiterate the established position in law that the CJI is a public authority under the Right to Information (RTI) Act,” said Venkatesh Nayak, head of access to information programme, Commonwealth Human Rights Initiative (CHRI), an NGO.

About the Supreme Court’s remark that RTI could not be used as a tool of surveillance, Nayak termed it as an “extremely unfortunate” observation. “Surveillance has unfortunately been equated with transparency that is required under a law duly passed by Parliament,” he told PTI.

Nayak said surveillance was what the government often does under executive instructions and that was not the purpose of the RTI Act. “People whose cases relating to their life, liberty, property and rights, are decided by the high courts and the Supreme Court. People have the right to know not only the criteria but all material that formed the basis of making the decision regarding appointments of judges in accordance with the provisions of the RTI Act,” he said.

Nayak said where exemptions were available under the RTI Act, they would be legitimately invoked by public authorities and all other information should be in the public domain. He said the appointment of judges, who were public functionary, was a public act.

“People have the right to know everything that is done in a public way by a government, in a democratic country, which must be accountable and responsible,” Nayak said. Former information commissioner Shailesh Gandhi also hailed the top court’s decision. “I had expected the same decision to come as logically there was nothing else. It is unfortunate that this has taken 10 years. The CIC has upheld this. The Delhi HC had also upheld this. Now, the SC has upheld this. All public servants that are paid by the government are a public service, no matter what the position is. You need to be accountable for your work. I congratulate the Chief Justice and the court for having given such a decision,” he said.

RTI activist Subhash Chandra Agrawal lauded the top court’s verdict. “I welcome the Supreme Court’s verdict. It is a victory of the RTI Act,” he said.

Another activist Ajay Dubey said the apex court’s decision was ‘historic’. “It is a historic decision and I welcome it. All decisions made by a public authority must be in public domain and under the RTI Act,” he said.

Dubey, however, expressed shock over the top court’s remark that the RTI Act cannot be used as a tool of surveillance.

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Shopkeeper shot dead in Tral

Monitor News Bureau

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Srinagar, Nov 13: Unidentified gunmen shot dead a shopkeeper at Tral in South Kashmir’s Puwlama district on Wednesday, police said.

The slain was in his shop near Old Bus Stand, Tral, 36 kms from here, when pistol borne masked men shot at him from point-blank range at around 3 p.m.

Zarger was immediately shifted to a nearby hospital, where doctors declared him brought dead.

 

A police official while confirming the killing said the slain hailed from Tral town.

Reports said the killing created panic in the town.

In recent weeks, militants have started targeting civilians and hurling grenades at crowded places to impose shutdown in the Valley.

Last Monday one civilian died while over 40 were injured when militants threw a grenade in a crowded market near city center Lal Chowk in Srinagar.

Prior to that, non-local laborers, truck drivers and fruit traders were targeted by the militants in south Kashmir.

On August 30, unidentified gunmen shot dead a 65-year-old shopkeeper at Parimpora area of Srinagar.  On September 30, unidentified gunmen shot at apple grower at Sopore leaving the grower and four others including a four-year-old girl injured.

The Valley witnessed spontaneous shutdown after the Center abrogated the special status of Jammu and Kashmir under Article 370 and bifurcated the erstwhile state into two union territories on August 5.

However, in recent weeks the impact of the shutdown is waning as more and more people are resuming their normal activities across Kashmir.

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Yet another accident: Four killed, 5 injured in Kishtwar mishap

Press Trust of India

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Jammu, Nov 13: Four people were killed and five others injured when a vehicle skidded off the road and rolled down into a deep gorge in Kishtwar district on Wednesday, officials said.

The vehicle, carrying pilgrims from Palmar to the Sarthal temple, fell into the gorge after the driver lost control over it, they said.

Police and locals rushed to the spot and shifted the injured to a district hospital in Kishtwar, where doctors declared four of them brought dead, the officials said.

 

Three critically injured people were shifted to the Government Medical College here through a chopper for specialised treatment.

District administration, Kishtwar, provided immediate relief of Rs 10,000 each to the family members of the deceased and 5,000 each to the injured.

This is the second such incident in 24 hours as 16 people, including five women and three children, were killed on Tuesday when a passenger vehicle skidded off the road and fell into a deep gorge in Doda district.

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