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Monday Review

The toothless tiger

Nisar Dharma

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Last week, on an unusually hot afternoon, I walked into the grounds from where the State Accountability Commission (SAC) conducts its drive to put an end to corrupt practices in high places. I was there to meet justice B. A. Khan, the head of the SAC. It wasn’t easy to reach him. The jumpy security guards at the gates rummaged through my backpack, seized my crash helmet, and then, satisfied, I was allowed to walk on.

From here, one could barely hear the hum of the heavy traffic outside. A cool breeze came from the nearby Jhelum River; a dozen or more security guards lay on the grassy grounds under the shade of Chinar trees, either too bored or simply tired from too much work. The air was more suited to a secluded retreat than to a government body empowered to crack down on the high and mighty of the state.

A long driveway took you to an old stately building in which Khan, a retired judge, works to tackle the corruption of politicians, or so he was supposed to turn his gaze on when he was brought in last year as the head of the SAC. Then, it had been without a leader for a year. Not that it has done any work in the last eight months since Khan assumed the charge. It has hardly received any complaint and one feels, with no work to do, that its staff, including the chairman, couldn’t have dreamt of a more better sinecure. The law (the State Accountability Act 2002), after multiple amendments, stands, or more appropriately bows, as a set of toothless words couched in a language very few understand.

 

Khan sat behind a large desk; books on law were piled up against the wall. It was quiet here as though the rampant misery of Kashmir could never scale the high walls of this part of what is called the Old Secretariat complex. Khan had done well for himself. He became a permanent judge of the Jammu and Kashmir High Court in 1990, and then he was made  a judge of the Madhya Pradesh High Court in 1997 before he moved to Delhi High court in 2000. He was appointed as the Chief Justice of the Jammu and Kashmir High Court in 2005.

He almost feels helpless. Here was a man at whose command a man in the dock could end up in prison or walk free. Today, all he could do was just sit in his grand office, listen to the chirrup of the birds, or gaze out of the window of his office at the mountains in the distance or simply sulk.

According to Khan the Act was a mere “decoration piece” that offered no checks and balances. A law that couldn’t ask questions let alone demanding explanations.

“Mufti sahib had a vision that I must bring in a watchdog on my administration. It was such an awesome law, it covered everything except that the SAC’s action was not made binding which should have been there. You see unless the action proposed by SAC is made binding, it will not give you any results,” said Khan.

“Those amendments which have been made in the Jammu and Kashmir Accountability Commission Act, 2002, were brought keeping in view with some kind of a self-interest or vested interest which was projected on a misleading argument,” he added.

“If public administration feels that it has to be accountable to somebody, some institution, some accountability commission, it will definitely see to it that no such body remains there and they are all left scot-free. So that is why I call it a vested interest, otherwise if there is genuine public administration, it should have no problem to offer itself to the scrutiny,” he said.

Nine years after it was first drafted in 2002, the Act was amended in 2011. The definition of word ‘public functionary’ was amended thus keeping out most of the institutions, bureaucracy and pubic administration out of its jurisdiction on the special plea that now public administration was covered by the Vigilance Commission.

“There was nobody to ask them that look vigilance commission has a separate jurisdiction. It is to take cognizance of an allegation which amounts to an offence under the Prevention of Corruption Act whereas Accountability commission has all vast pervasive jurisdictions; to go into an omission, to go into maladministration, to go into nepotism, favouritism, so on and so forth,” said Khan.

According to Khan, an amendment has to have a purpose or objective. That purpose has to be made clear with debates and discussions. “I have been going public on this issue that our legislators do not devote themselves to any process of law making. And you will find in legislatures or parliament, most of the laws or amendments are passed without any debate,” he said.

Even when the Act was hardly amended, there were only few cases that the SAC dealt with. Just 28 cases in over 13 years of its existence in a state which witnessed massive corruption.

“Expediency! The answer is expediency!” “We are facing this problem. We have been in position from first of October 2015, and we have received in a single case. I do not know what the reasons are though I can think of some: First, the political class is new and our jurisdiction is only those people. They have not attracted any allegations so far. Second, people think this SAC has not given any result right since 2002. So why go waste your time there? We will only face retaliation by a mighty political person. Even if it is a genuine complaint, the person is scared to report it.”

He felt maybe the thought of achieving nothing at the end of a long process was keeping people from coming to the SAC. He said that because the current Act does not make the Commission’s action or recommendation binding on the authority in question, it has lost its relevance entirely. On top of it, whatever small number of cases the SAC had attracted since 2002 were either under the High court stay or were lying in some office.

“When I took over in 2015, we had to start from the scratch. We had to fight a legal battle where I engaged a counsel from New Delhi to argue that the powers of SAC had been taken away, like our suo moto power,” he said. Khan claimed that most of the cases were disposed off and the suo moto powers were eventually restored. Suo moto is a legal term that literally means “on its own motion.” The power gives any government agency to act on its own, to identify the issues on its own.

The SAC chairman was doubtful that the recommendations he has made to the current government on the Act will be considered. He feels the government has other issues to look at than to worry about empowering the SAC. “I was expecting that those recommendations will be carried through the legislature. But my feeling is that the current government’s hands are full with other priorities. And maybe they don’t regard accountability commission as a priority.  So I am not expecting that whatever we have recommended will see the light of day immediately,” Khan said.

He didn’t share the nature of the recommendations but said that in totality all he was asking was to restore the Act to its original position.

“I cannot share the recommendations since they have to be put through legislation first, but I can tell you is that we want the Act to be restored to its original glory which was more effective than the present Lokpal, which came into being after a struggle of 2-3 years and in our case this Act was conceived by the Late CM Mufti Sayeed Sahib,” said Khan.

Khan was blunt enough to say that there was no one in the PDP who has the same understanding of matters or vision like its founder had.

“Even if the party is the same, you cannot attribute Mufti Sahab’s vision to theirs,” he said. “See one thing is the political dimension of it, the other thing is the understanding of the concept. See if he had a concept of building an institution, there has to be someone who can work on that but at present there seems to be no one. I do not know about his daughter’s vision, her concept, but I personally believe that no one can reach Mufti sahab’s understanding.”

He came across as a man who was fighting a lost cause and I told him his words sounded grim and didn’t hold any level of optimism. “Look I am sitting idle and I am not used to it. I am conscious of the government’s attitude, I am conscious of their difficulties as well but at the same time unless the government has a sense of purpose in a particular institution, one is bound to face either resistance or indifference or treating issues as a lost priority or coming with excuses.”

I tried to be a little more specific in asking him if he had any hopes for the SAC. “Oh yes! I am an optimistic man. This place had nothing. I am building it up and twenty-five percent of it I have succeeded in by pursuing matters with the government and it did respond, that was Mufti sahab’s government by the way,” he said.

Khan was fast enough to add a few lines appreciating the governor of the state as well. “Most of the things were done during the governor’s rule because there were no political channels and likes and dislikes which otherwise come in the way,” he said.

When I persisted with the question that after all the efforts, the bottom-line remained that the Act was powerless and the Commission could not take a complaint and expect to fairly deal with it, Khan said: “Who am I? I am a politics chowkidar, a watchdog of the government which proclaims believing in good governance. This chowkidar has been imposed by the government on itself. It depends on the government’s purpose and sincerity to make this institution workable.”

Khan said that it was a misconception that the SAC was a resting place for retired judges.  He also denied that the law needs to be repealed even though it has not yet fulfilled its basic aim.

“You cannot shut down an institution for government’s indifference. It is the law that has to be repealed. Tomorrow you will say the government is not working, close the secretariat, is that possible?” Khan opined.

He said that the government was “nice enough” to give the SAC ten member-staff which included head assistants, junior assistants, and stenographers.

“We call it the ministerial staff,” he said.

Before I left his office, I asked him if he were thinking of resigning from the job, he said: “I will only If I fail and feel I am being useless. That my effort is going nowhere.”

 

 


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Monday Review

Inside Psychiatric Hospital: How Kashmiri docs, paramedics take care of non-local pateints

Rabiya Bashir

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Srinagar, March 17:”Get me biscuits and toffees,” said Julie, to a paramedic at Psychiatric hospital Rainawari, Srinagar.

Julie Haider, 20, is non-Kashmiri patient who came to Valley from Kolkata, West Bengal for a domestic help to a family who lived at Saraf Kadal area of Srinagar.

After working for only three-days with the family, Julie who was abandoned by her family was shifted to psychiatric hospital last year because of her aggressive behavior.

 

According to the hospital staff, Julie was brought to the valley by some agency who provide maids to the families for domestic help. But because of aggressive and strange behaviour she was shifted to the hospital.

“ I want to go home and live with my family. I have three brothers, 3 sisters. We are very poor,” she said.

Though, Julie claims to have a family back home but doctors in the hospital are trying hard to reunite her with her family.

Like Julie, 50-year old OM Prakash from Vijaypora Jammu was too abandoned by his family and is under the rehabilitation of the hospital since seven years.

He was shifted to the hospital by the Humhama Police station after they found him wandering near the Srinagar Airport.

“We have contacted the Jammu police station but could not find his family. He is here from the year 2012,” said Sajad Ahmad, a social worker in the hospital.

He said that Prakash is giving a proper addrerss and he is not changing his statements. He said that the police has named him as Rahim Bakerwal but his actual name is Om Prakash.

Besides them, there are three young non-Kashmiri girls and one men abandoned by their families who are being taken care by the kashmiri Doctors and Paramedics at the hospital.

Sajad Ahmad, a paramedic in the hospital said that they treat these non-kashmiri patients as their own family members. “ We have hindu as well as muslim non- locals here who are abandoned by their families but we properly take care of them,” he said.

He also said that they are searching their family so that these patients who are normal now can reunite with them. “ These people are not now patients, they are normal and can live with their families but nobody is owing them. They are giving their addresses and then we call different police stations outside to find their families. Sometimes we do not get any response back from the police outside,” he said.

He also said that recently we contacted Calcutta police and informed them about Julie. “ We are trying very hard to contact their families. We cannot let them suffer on the roads. On humanity basis we are keeping them here otherwise no hospital would take such person for a long time, ” he added.

The paramedics and Doctors in the hospital has worked hard to treat such patient with a potential mental health crisis and now almost all of them are fine now.

The paramedics have now learned to identify problems, intervene and de-escalate the situation.

After a physical assessment, the paramedics talk to the non-local patients to figure out what, precisely, the issue is, asking also about issues like a patient’s mental health history, drug use and family issues.

They use that information, along with details about resources available, to figure out the next steps for them and try to contact with their families.

Another Paramedic , Tabasum Dilawer said that they spend time with the patients to make them comfortable and secure. They build relationships with them. They take care their physiological needs, ensure safety, providing food on time, maintain hygiene, provide a comfortable bedding and other facilities as per the weather.

“ We give these non-locals a love and belongings which means a friendly interaction, spending time, chatting, keeping them happy. For females we take care of their sanitary needs. We involve them in different activities like volley ball game. They initially had Intellectual deficiency then we gave them speech therapies as well,” she said.

Fayaz Ahmad Rather, a Warden said that he help these non-locals to take bath, provide clothing, provide them food on time. “ We are taking care of them till their family take them back. In fact we have given gifts to some who met their family belonging outside the state,” he said.

Doctors in the hospital said that rehabilitation was very important especially for those who are being abandoned by their families.

“ While safety and rehabilitation helped most non-local patients to recover, the non- locals need more and different treatments because their culture and language is different. We had many non-locals in this hospital before. We treated them, searched their families and sent back to their homes safely,” said Dr Zaid, a Senior Psychiatrist at the hospital.

He said, “ We are keeping these non-locals here on the basis of humanity. Otherwise as per the mental act, after being treated the patient should be discharged. There is no such hospital outside the state where abandoned patients who are normal are being taken care by the staff. But we want to provide safety to them, “he said.

He also said the doctors can provide medical help but rehabilitation part should have been taken care by other agencies. “Looking for the families of those abandoned does not come under our hospital. But we do help these helpless patients reach their homes.”

Dr Yasir Hussain Rather, a Psychiatrist in the hospital said that in some places, efforts to help these non-locals seem to be working. In others, they are stumbling.

“Such abandoned patients in a long run lose their skills. A proper rehabilitation including skill development can help them for a better health,” he said.

The doctor also said that the hospital has collected money to reunite one of the non-local with his family.

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Monday Review

The Cuckoo’s nest

Mudassir Kuloo

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SRINAGAR: We all must have seen the Bollywood flick ‘Bajrangi Bhaijaan’. For those who haven’t, the story is about a small Pakistan girl who suffers from speech impediment. To find a miraculous cure, her mother takes her to a Dargah in India. Unfortunately, the girl is left behind on her way back to Pakistan. Enter our hero who makes a point to reunite her with the family and travels across boundaries in his bid, fighting soldiers and doing comedy… All in all, the movie seems too good to happen in real world.

But while you are pondering on it, here in Kashmir something similar has been happening from many years now with hardly any talk about it.

At Srinagar’s Psychiatric Hospital, a few local and non-local patients who are long cured have been waiting for years now to reunite with their families, whose whereabouts are unknown. Nobody at the hospital knows their real names or the exact place they belong to. As such, the hospital authorities have given the patients new names to identify them and keep their records.

 

One among them has been mentioned as Jozy in the hospital records and appears like the natives of West Bengal. She would be around 18 years. She according to hospital staff was brought there in January, 2014 by the police. “Police had found her somewhere on the street. After noticing her unusual behavior, she was brought to the hospital. She has shown a huge improvement over the years. We don’t know her real name but everyone calls her Jozy and she too understands that,” a hospital staff member while looking after her in ward No 5 of the hospital said. “She gave some clues about her native village but we are yet to trace her family. We hope one day she will be reunited with her family.”

Similarly, another one has been named Fareeda and is almost the age of Jozy. She too was brought to the hospital by the police in 2013. She speaks a mixed Kashmiri and Pahari dialect. “In her broken words, she is telling something like Drugmul. We guessed that it could be Drugmul Kupwara and contacted some people there but have not been successful in tracing her family so far,” the official said. As per him, both were brought to the hospital in a bad condition. “There has been a huge improvement in their health over the years.”

They may be communicating through words or facial expression, eat on their own and play to each other and assist the other patients but prefer to remain silent to strangers. “For outsiders it may sometimes become difficult to understand them but those who treat, nurse them, understand what they want to say,” the official said.

Dr Arshid Hussain, a psychiaritist, who treats these patients, said these girls are fit to live with the family and can live a normal life. “They responded to the medication very fast but still they need love and affection of their families. We are making all efforts to reunite them with their families,” he said.

In the same ward is a Kashmiri Pandit woman. In her early 40, she hardly speaks to anyone. She was brought to the hospital by Kashmiri Muslims in 1990 after Pandits left the Valley. She too has no connection with her family although they know their daughter is being nursed at the hospital. “Family members occasionally call us to enquire about her but had never come to see her in these 25-years. Her parents told us on the phone that they have full faith on Kashmiris that they will be looking very well after their daughter,” Dr Arshid said.

There is also one male patient whose family is also yet to be traced. He has been named as Rahim Bakerwal, who was brought five years ago to the hospital. He was arrested from Humhama after forces noticed some suspicion about him. After found him mentally ill, he was brought to the hospital. The hospital officials believe that he may be from Rajouri or Poonch area.

The hospital administration has a full faith that they will be able to trace their families one day. Infact, the doctors see it a mission to find their families. Their hopes lie on the fact that earlier too in a similar bid, they have successfully traced out the families of three other patients since 2013, who too had lost connection with their families. “We are making continuous efforts to trace their families so that they get reunited like hospital administration did in the past,” Dr Arshid said.

It was in 2013 when Krader Tripathi, 55, regained his memory and told the name of his native village.

The miracle of reuniting him with his family after 23-years happened following the doctors surfed his village on Google Earth. They finally got in contact with the police station, who then checked the police records and finally conveyed his family. Then Tripathi’s brother and nephew came to Srinagar and took him along to their home. His brother told the hospital staff that the family had thought that Tripathi was dead. “After found him alive, he is second face of Baghwan for us,” he told the doctors. “Had Tripathi been in other state, we would not have traced him. You people have really set up an example that religions have no bonds,” he told a group of hospital staff who had gathered to bid adieu to him.

Even there has been some incidents when some patients by the families after regaining their mental stability. This is what happened with Mathur Bhai Padhiyar of Gujarat when his family was not ready to own him for three years despite knowing he was being nursed at the hospital. He had come along with a group of Gujarati pilgrims to Amarnath cave shrine. After noticing his unusual behaviour, police had brought him to the hospital in 2006.

It was in 2013, Mathur regained his memory and told the name of his village which was then traced through Google Earth. After informing the family, there was no response from their side.

“My papa (Nayim) wife (Madhu) three sisters and a brother will be waiting for my return. Please send me back,” Mathur had said when this reporter met him in 2014. After media highlighted that a Gujarati man regained his memory after seven years, Ghulam Nabi Azad who was then union health minister visited Mathur at the hospital. Azad promised to bear all the expenses needed to shift him to Gujarat. Despite that his family was reluctant to take him home. It was then two years of judicial intervention of District Legal Services Authority that Mathur reunited with his family in April 2016.

Similarly, this year another man from West Bengal was also sent back home who had lost connection with him family and was nursed at the hospital for many years. The doctors too traced his village on the internet and finally he reunited with the family.

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Monday Review

Kathua crime: 18 days later, medical report shared with no one

Rabiya Bashir

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Srinagar, Feb 03: Eighteen days after the murder of Kathua minor girl, the victim family is yet to receive the medical report with investigating agencies maintaining silence over the matter.

The 8-year-old girl, Asifa, was abducted on January 10 and after two days an FIR was registered by the police. Then, after seven days, the girl was found dead in nearby forests of Rasana are of Hiranagar in Kathua district on January 17.

The family of the girl alleged that their daughter was raped before her murder. Although the post mortem was conducted, the family has not received the report so far. “ On February 1st  we approached the Kathua police station to know about the medical reports but the police officials refused to provide any information regarding it,” said Ali Jan, uncle of Asifa.

 

“We have asked the police to know about the awaited medical reports and the case. But they are delaying it. They told us that the family will be given all the reports at appropriate time. But we want to know what is in medical reports. We want the real culprits to be punished,” said Jan.

On Friday, National Conference (NC) working president and former chief minister Omar Abdullah raised Asifa’s issue in Legislative Assembly and said that why medical report of a minor girl who was murdered in Kathua has not come to fore. “Kathua incident was a shock but unfortunately, no medical report has been received by the investigating agency so far. Where is the medical report,” Omar had asked the chief minister Mehbooba Mufti.

Soon after the incident, the government ordered a magisterial probe after the opposition protested in the legislative assembly and lashed out at the police for “failing” to trace her promptly after she went missing last week.

After protests and ruckus, the case was handed over to crime branch for probe.

Alok Puri, Inspector General Of police (IGP) State Crime Branch, said that whenever it (medical report) is required they will release a statement regarding it. “We cannot reveal anything about the case. In fact we even can’t say whether we have received the medical report or not,” he said.

Peerzada Naveed, Senior Superintendent of Police (SSP), State Crime Branch who is heading the case said that that the department would reveal the information of medical reports at appropriate time.

However, Advocate Talib Hussain, a social activist who is fighting for the justice of Asifa said the       rape of minor girl would be established only after receiving the medical report. “But the investigating agencies, police and hospital authorities did not reveal the report and continue to stay mum over it,” he said.

Hussain said that they approached the concerned doctor and asked him to handover the medical report of Asifa to them but, “he refused to hand over it without the permission of police”

“After the doctor’s refusal, we approached the SSP Kathua but he also stopped us from accessing the medical reports. We don’t understand why not the officials are revealing it. They are clearly trying to cover up the case,” he said.

 Suleman Choudhary, Senior Superintendent of Police (SSP), Kathua, said that the case has been transferred to the crime branch and he cannot say anything about this issue and the medical reports.

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