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Snow fury: Admin missing in action

Mudassir Kuloo

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Srinagar, Nov 9:  For the third straight day, normal life remained paralyzed as administration failed to restore essential services in the valley.

Power Development Department (PDD) has not been able to restore electricity even after three days.

Students appearing for different exams are the worst hit by the power crisis in Kashmir. Sample this: For the last three days, Tamanna, who is writing her class X exams, has not able to focus on her studies under candle light. 

 

“My younger brother and I are not able to study under candle light. Entire area has been plunged into darkness. Nobody is bothered to redress the grievances. It seems administration has gone into deep slumber,” said Tamanna, a resident of old city.

Chief Engineer, Power Development Department, Kashmir, Hashmat Qazi said electricity supply to the emergency services has been restored.  “We are on job to restore electricity across Kashmir,” he added.

A PDD official said snowfall has caused heavy damage to transformers, electric poles and wires across the valley.   “By Sunday evening, we expect to restore electricity across Srinagar and major towns. It will take few more days to restore electricity across Kashmir,” he said.

What has complicated the problem is the potable water shortage and water logging in different parts of Kashmir.  “Inner roads in Baramulla district are yet to be cleared from snow. Our lives have been made miserable. Administration is missing on the ground,” said Bashir Ahmad, a resident of old town Baramulla.

Traffic on Srinagar-Jammu national highway was again suspended on Saturday after fresh landslides occurred at Ramban. “Lots of vehicles are stranded on the highway. The highway is expected to reopen on Sunday if weather permits,” a spokesperson of traffic department said.

Air traffic on the other side was restored on Saturday afternoon.

Divisional Commissioner Kashmir, Baseer Ahmad Khan said government was making efforts to provide basic facilities to people. “Roads are being cleared from snow. Electricity is also being restored,” Khan said.

Land, air traffic resumes

Srinagar, Nov 9: Traffic on national highway, the only road connecting Kashmir valley with the rest of the country, was resumed on Saturday after remaining suspended since Thursday due to heavy snowfall and landslides.

However, only stranded vehicles were allowed to move towards their respective destinations on the highway, a traffic police official told UNI this morning.

Meanwhile, the 434-km-long Srinagar-Leh national highway and historic 86-km-long Mughal road remained closed for the four the day on Saturday due to accumulation of snow and threat of avalanche.

Official said that there was several feet of snowfall at Jawahar tunnel, Shaitan Nallah, Banihal and Qazigund, forcing authorities to suspend traffic movement on the Srinagar-Jammu highway on Thursday.  Heavy rain also triggered over a dozen landslides between Ramban and Ramsu, he added.

The Border Roads Organisation (BRO) and National Highway Authority of India (NHAI) immediately put into service sophisticated machines and men to clear the snow and landslides, he said.

Though snow clearance operation was completed on this side of the tunnel yesterday, but fresh landslides in Ramban area hampered the road clearance operation. All landslides were cleared till Friday evening, but there were four fresh landslides late in the night.

However, the BRO and NHAI worked during the night and cleared the landslides, he said, adding it was later decided this morning to allow stranded vehicles to move on the highway.

He said there were over 2000 vehicles, mostly carrying fruits from different parts of the Kashmir valley to outside mandis, stranded on this side of the tunnel. “We have allowed fruit trucks to move towards Jammu and by 1000 hrs over 900 such vehicles have crossed the landslide prone areas,” he said.

Air traffic resumed on Saturday after remaining suspended for two days due to poor visibility and heavy snowfall from Srinagar International Airport, where flight services were made operational in the afternoon.

However, the morning flights from the only airport in the valley were cancelled due to poor visibility.

“The air traffic from Srinagar airport has been resumed after 1300 hrs following improvement in the visibility,” an Airport official told UNI.

He said all the flights after 1300 hrs were operating normally. But, he said all the morning flights had to be cancelled due to poor visibility following cloudy weather.

Meanwhile, passengers alleged that the air fare has sky rocketed during the last two days. “As the valley was cut off from the rest of the country due to closures of Kashmir highway and Mughal road, the air ticket rates hiked many folds, despite the air traffic also remaining suspended,” Irfan Saleem, a resident of Srinagar, told UNI.

He said ticket from Srinagar to Delhi, which was being sold at Rs 3,000 to Rs 4,000 is being sold at Rs 10,000 to 11,000. “The authorities have been talking about capping the rates, but no such initiative has been taken so far and the common people are suffering. 


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CJI’s office comes under RTI, rules SC

Agencies

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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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