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Sumbal Sonawari:We voted to protect JK’s special status

Mudassir Kuloo




Photo: Ibrahim Mussa/KM

Bandipora, Apr 11: The road to main town in Bandipora was devoid of traffic Thursday morning but queues of voters were seen waiting to cast their votes outside the polling booths.

Voters had lined-up in large numbers at a polling booth set up in a local school in Dangerpora. The booth was ringed with three-tier security comprising of CRPF, police, and BSF.

Ghulam Hassan, 60, had reached to the polling booth early in the morning.


Asked why he cast his vote and defy the boycott call by separatists and militant outfits, he replied: “We want to end Governor’s rule in the state. We shall send a representative to the parliament, who will end our miseries. This vote is to protect our special status. Protect Article 370 and 35A.”

Asked the same question, a woman, carrying a child in her lap, replied: “Unless we don’t vote, our miseries won’t end. The harassment will continue and outsiders will rule us. We want Mohammad Akbar Lone in the parliament.”

The scenes were almost similar at a polling booth in Shadipora.

“We always want a good representative in the parliament. He should represent the Kashmir cause,” Ghulam Mohammad, 60, said.

“We also want overall development of our area,” he added while displaying the ink mark on his finger nail.

Near NC Candidate Mohammad Akbar Lone’s home at Poshwari Naidkhai, the queues of the voters grew even longer.

At three polling booths located at a local school in Poshwari, out of 1800 voters, at least 50 percent had already cast their votes by 1 pm.

At the same time, the polling agents of political parties had a scuffle. “Why are you asking people to vote for your candidate?” a middle-aged man told a polling agent of the rival party.

Another polling agent tried to push him. The policemen on duty, however, pacified things and the voting restarted.

Abdul Rashid, who was waiting in a queue, said there was “nothing wrong in casting the vote”.

“This election is to address our issues and to defend state’s special status. There will be bloodshed if there is any tampering with special status of the state. Only Akbar Lone and Engineer Rashid can talk about Kashmir issue in the parliament,” he said.

The three polling booths of Manzpora, Mirpora, and Hirpora villages of Sonawari wore a festive look.

Hundreds of people even including children had gathered to shout slogans in favour of Lone.

In these polling booths as well, of the 3500 voters, over 50 percent had already cast their vote by 2 PM.

Abdul Salam Lone, an elderly person, said: “Only Lone Sahab can talk about Kashmir in the parliament. This vote is to protect the special status of the state, and stop harassment of Kashmiris.”

A first time voter in parliamentary elections, Naziya asked other people to vote as well.

“We shall send a representative to the parliament, who conveys the sufferings of Kashmiris to the world. Poll boycott is no solution,” she added.

Scores of people visited Lone at his house which was a few hundred metres away from the polling booths.

“Did you and your mother vote,” Lone asked his son, who is an advocate by profession.

“Yes we did,” he replied.

The entire village seemed jubilant.

The scenes, however, were completely different just a few kilometers away from Lone’s residence.

The road leading to Hajin town wore a deserted look. At three polling booths, just three voters out of 2,235 had cast their vote by 3 pm.

“Please write that Hajin boycotted the elections,” a commuter told this reporter.

A few hundred metres away, in another polling booth on the banks of Jhelum in Hajin, out of 876 voters, 345 had cast their vote.

“When we saw people voting, we decided to vote too. We have been neglected by the successive governments. We hope our issues are solved,” said Manzoor Ahmad Guroo, who lives on the banks of Jhelum and earns his living by catching and selling fish.


Lead Stories

CJI’s office comes under RTI, rules SC




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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Lead Stories

Shopkeeper shot dead in Tral

Monitor News Bureau



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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Lead Stories

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

Press Trust of India



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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