Srinagar: The National Board for Wildlife (NBWL) has given its nod for an air defence and weaponry project in Kashmir in which 1.18 hectares of Gulmarg Wildlife Sanctuary land will be used, The Indian Express reported on Wednesday.
The project, as per the report, will also cover 12.35 hectares of forest land outside Gulmarg Sanctuary.
The proposal, recommended by the then State Chief Wildlife Warden with 17 riders/conditions, was cleared at a July 18 meeting of the standing committee of NBWL, it said. The meeting was chaired by Minister for Environment, Forest and Climate Change Prakash Javadekar
The radar system in the project is aimed at keeping an eye on aerial movements inside Pakistan-administered Kashmir, and on attempts to cross the Line of Control.
Express reported that the defence forces lack such monitoring capability in this area. The proposal to construct this radar facility has been a long-pending request from the armed forces that finally started moving last year, the report added.
Jammu and Kashmir Chief Wildlife Warden Suresh Kumar Gupta was quoted saying in the report that the proposal will be submitted for forest clearance once the wildlife clearance is formally received from NBWL. He added that environment clearance is not needed for all projects, and whether such clearance would be required for the project in question would be known after the forest clearance process.
The proposed project in J&K includes installation of air defence and weaponry along with helipad construction. “Only radar system would be set up in the sanctuary area and all other basic infrastructure will be outside the wildlife area,” Gupta said.
“NBWL clears proposals of national interest with conditions,” said Gupta. “There are things which are in public interest, such as roads that pass through sanctuaries, and NBWL takes a call on such things.”
According to the website of the J&K Wildlife Protection Department, “To ensure survival of highly endangered Musk Deer (Moschus Crysogater), Gulmarg Wildlife Sanctuary was upgraded from Man and Biosphere Reserve in the year 1987. The area is one of the best world-renowned tourist destinations for its famous meadows, rocky cliffs, dense birch forests and a home for bird watchers.” The website says the sanctuary has a rich flora and fauna bio-diversity with variegated species like musk deer, common leopard, barking deer, Asiatic black bear, Himalayan black bear, Indian wolf, snow cock, chakoor.
In the proposal to the NWBL, the then State Chief Wildlife Warden recommended that the proprietary and legal status of the protected area shall remain unchanged, NPV (Net Present Value) shall be charged in accordance with Supreme Court orders, the user agency shall pay 5 per cent of the estimated cost of the project to the J&K Wildlife Protection Department for conservation and preservation of wildlife and habitat, among other conditions.
The standing committee decided to recommend the proposal subject to the condition that “the project proponent will comply with all the conditions imposed by the State Chief Wildlife Warden”.
It also directed that “a wildlife conservation plan should be prepared by the Chief Wildlife Warden and implemented in cooperation with Army authorities to mitigate the impact of the project, the annual compliance certificate on the stipulated conditions should be submitted by the project proponent to the State Chief Wildlife Warden and an annual compliance certificate shall be submitted by the State Chief Wildlife Warden to Government of India.
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.
Shopkeeper shot dead in Tral
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.
Yet another accident: Four killed, 5 injured in Kishtwar mishap
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.