'Several independents in touch with Congress(I)'
Number is no problem in Govt formation: Azad

Excelsior Correspondent

JAMMU, Oct 10: PCC (I) president and a prospective Chief Ministerial candidate Ghulam Nabi Azad said here today that there was no problem of numbers to the Congress in Government formation in the State saying eight to 10 independent candidates, who have won the election, were in touch with the party.

Azad, who led the Congress to an unprecedented success in the Assembly elections, told EXCELSIOR that his party could ally with any political party other than the National Conference and the Bharatiya Janata Party (BJP). "It could be the People’s Democratic Party (PDP), the Panthers Party and the independents. But there was absolutely no question of our alliance with the NC and the BJP", he said soon after his arrival at the PCC (I) headquarters here this afternoon from Srinagar.

A tumultous welcome was accorded to Azad by the Congress (I) leaders and workers, who danced to the tunes of drums and dhols shouting ‘Azad Sahib Zindabad’, ‘NC Gayee, Congress Aayee’, ‘BJP-NC Chor Chor Mausere Bhai’. It took Azad more than half an hour to enter the Congress office as enthusiastic party workers garlanded him for leading the party to success.

Describing verdict by the people of Jammu and Kashmir as a ‘verdict for secular forces’, he said the voters have outrightly rejected both National Conference and the BJP. "While the NC has come down from a whopping figure of 70 to 27, the BJP has been reduced from eight to just one seat. On the other, the Congress (I) has gone up from 5 to 22 seats. This was a clear indication that the people have rejected these two allies and sided with the Congress", he added.

Azad said the Congress was sure to form the Government but was not in a hurry to do so. "First, we will work out modalities of the Government formation by talking to the like minded parties. The number is not a problem. Our number will far exceed the required figure of 44 for a simple majority in the House of 87", he said and pointed out that several independent candidates and NC rebels had won the election with support of the Congress. Moreover, he noted, two independent candidates, who were elected unopposed in Leh were previously affiliated with the Congress.

The Congress had withdrawn candidates in some constituencies in favour of the independent candidates to avoid a split in Opposition votes. The strategy clicked leading to success of a number of independent candidates, he asserted.

Expressing satisfaction with the election results, the PCC (I) president, however, admitted that the Congress was expecting ‘much better performance’. "We were hopeful of getting 25 to 30 seats", he maintained.

Giving credit to the Election Commissioner of India (ECI) for successful conduct of elections in the State, he charged the National Democratic Alliance (NDA) Government with being ‘non-serious’ towards electoral process in the sensitive State. "Credit for conducting peaceful, free and fair polls goes to the EC and not the NDA Government", he said and added that ‘non-seriousness of the NDA Government could be well gauged from the fact that Prime Minister Atal Behari Vajpayee and Deputy Prime Minister L K Advani didn’t bother to visit Jammu and Kashmir during the entire election process’.

"If both Vajpayee and Advani didn’t wanted to visit the State for BJP’s election campaign (knowing that their party was being routed in the State), they could have visited the State atleast for review of the election arrangements and law and order in the State", he said.

Azad said ‘main goal’ of the Congress (I) was to defeat the NC and the BJP ‘which has been fulfilled with today’s election results’. Referring to the defeat of National Conference president and Farooq Abdullah’s son Omar Abdullah, he asked :"who was day dreaming—I or Omar Abdullah, who was expecting over 50 seats for the National Conference"? It may be recalled that Omar had charged Azad with day-dreaming while referring to latter’s claim of forming a Government in the State.

Reiterating that priority of the Congress Government remained restoration of peace in the State, the PCC (I) chief assured people of the State that "we will do whatever we had promised in our election manifesto and poll speeches".

"People will see the difference in a National Conference and Congress (I) Government within first six months of our rule", a confident Azad said, adding ‘we will not let down the people of the State liked NC and BJP did’. "We remained committed to equal development of all three regions—Jammu, Ladakh and Kashmir. We will ensure that there was no discrimination with any region", he declared. He said there was no going back on the Congress promises for setting up of Regional Councils, as promised in the election manifesto.

Indian Machine & 'Mission 2002'

By B L Kak

JAMMU, Oct. 10: Human memory is proverbially short. But the phenomenon, which has been the product of the just-concluded elections in Jammu and Kashmir, will be— indeed, will have to be—remembered for long.

One thing quite likely to become unforgettable: Indian machines holding to ransom, literally, almost all sections of the State population for more than three weeks. These devices manufactured indigenously, are universally known as electronic voting machines (EVMs).

They were introduced in J&K for the first time to accomplish ‘Mission 2002’. Believe it or not, it is a fact that Pakistan electorate on Thursday (when the J&K-based electronic voting machines began churning out the data about the fate of each candidate) had to make use of the ballot boxes.

Happily for the men assigned with the task of conducting the J&K polls, the machines did not spark off any hassles or hardships, generally speaking. Yes, the loaded EVMs, kept under tightest-ever security between mid-September and Oct. 10, led to a great deal of restlessness and agonising suspense even in case of those who hadn’t taken any part in the poll process.

And as the counting of votes began on Thursday morning, political parties and independents, who had contested the polls, presented a picture, quite different from the one that had emerged at the end of the elections on October 8. Expected was the phenomenon necessitating several political heavyweights to be assailed by a fear, a premonition of a setback here, a reverse there.

Clearly, these heavyweights included, among others, the National Conference president, Mr Omar Abdullah, BJP president, Mr DK Kotwal, Bahujan Samaj Party (BSP) chief, Sheikh Abdul Rehman, and PCC president, Mr Ghulam Nabi Azad. Mr Azad emerged as the victorious guiding force—Ms Ambika Soni, AICC general secretary and Political Secretary to Ms Sonia Gandhi, in a fit of ecstasy, labelled him "General Azad"— while three others lost the battle.

Mr Omar Abdullah fought from Ganderbal constituency, while Mr Kotwal was fielded by his party in Bhaderwah constituency. Sheikh Abdul Rehman contested against Mr Kotwal. Mr Azad, not a candidate himself, did go about as the star-hero of his party’s poll campaign across the State.

All eyes were focused on how the situation will unfold itself after the counting of votes. Widely-expressed predictions of a hung Assembly came true. With the fractured verdict, the public attention got diverted to behind-the-scene activity of various leaders in connection with Government formation.

Major gunbattle in Beerwah
23 militants killed in Valley

Excelsior Special Correspondent

SRINAGAR, Oct 10: While as Mufti Mohammad Sayeed’s PDP trounced Dr Farooq Abdullah’s NC in a big way in Beerwah today, security forces eliminated as many as 10 militants in the same segment when they were holding a meeting to disrupt the counting of votes. In all 23 militants and a soldier have died in different operations of security forces in Kashmir valley since last evening.

Informed sources told EXCELSIOR that a freshly infiltrated group of Pakistani militants was in a meeting at Mirpora village, near Beerwah, when troops of Rashtriya Rifles 34 Bn swooped on their hideout. As the troops laid a tight siege to the village, the holed up militants opened gunfire and made unsuccessful attempts to escape, early this morning. Troops retaliated and all the ten militants got killed in the 5-hour-long gunbattle. Though unidentified, eight of them were believed to be Pakistani nationals. One soldier got killed and another sustained injuries.

Residents claimed that one of the killed, namely Javed Ahmed Dar S/o Fateh Mohammad Dar of the same village, was a civilian who died in the crossfire. However, officials described him as the guide and facilitator of the group. Nine AK-56 rifles, two pistols, four wireless sets, one UBGL and three grenades are claimed to have been recovered from the site of encounter. Reports said that a student, Abdur Rasheed Parray, sustained injuries in the encounter.

Officials claimed that it was a freshly infiltrated group of militants which was holding a meeting with two Jehadi groups over disruption of counting at Beerwah. Troops launched the search operations immediately after receiving a tip off.

In another armed clash between militants and security forces, four militants have got killed at Bandey Payeen in Kreeri belt of Baramulla district. Two Pakistani militants have been eliminated in another gunbattle by security forces at Larihama, in Dangiwacha area of Baramulla district. They have been identified as Abu Shamil Rasheed Jamaal of Sahiwal and Abu Ali Aatiq of Gujranwala. Officials described them as members of Lashkar-e-Toiba. In yet another gunbattle, troops have eliminated three more militants in Machhil area of Kupwara district.

Four more Pakistani militants have died in another encounter between militants and security forces at Bandarhan forest in Kupwara.

A civilian, namely Mohammad Akbar Najar died and three civilians sustained injuries when a mortar shell fell upon them at Chandigam, near Sogam, in Kupwara district. Officials claimed that it was a shell fired by militants but unofficial reports insisted that it was fired by security forces towards the forest area.

Meanwhile, militants today hurled a hand grenade towards a security forces vehicle at Uranhal, Bijbehara, on Jammu-Srinagar national highway. It missed the intended target, causing injuries to two civilians.

Farooq to resign today

Excelsior Correspondent

SRINAGAR, Oct 10: "I bow my head to the verdict of the people" said Farooq Abdullah who will resign as Jammu and Kashmir Chief Minister tomorrow following the drubbing of National Conference in the Assembly elections.

An emergency meeting of the Cabinet has been called after which I will submit my resignation to Governor G C Saxena, he said.

Accepting the defeat, Abdullah said his party would provide a healthy opposition.

He said the working committee of the party will meet shortly to look into the reasons for the defeat.

Abdullah refused to accept that his party’s governance was in any way responsible for the drubbing and said that his Government was "unfortunately fighting a war" in which many of his party workers had got killed.

"Somewhere we must have failed," he said, adding the party will meet and discuss threadbare the causes of defeat and "take measures to correct these".

He said the Congress and Peoples Democratic Party (PDP) had been holding his Government "responsible for terrorism" and attacking it for failing to control it.

"I hope they will do what we could not. I hope they will fulfil their promises and provide jobs and control terrorism," Abdullah said.

The NC, being the largest party in the Assembly, will fight as an opposition, he said, adding his party would take on the future role in politics, Abdullah, who demitted his post of NC president two months ago in favour of his son Omar Abdullah, said he still was the patron of the party.

But Omar has to play the major role to rebuild the party, give strength to it and meet the challenges, he added.

Sonia thanks J&K voters

NEW DELHI, Oct 10: Congress president Sonia Gandhi tonight thanked the people of Jammu and Kashmir for reposing faith in the Congress which significantly improved its performance in Assembly elections in the state.

"It is something to be happy for everyone and I wish to thank the voters in the State who have provided support and assistance besides reposing faith in the Congress party", she said here. (PTI)

Omar to quit as Minister

Excelsior Correspondent

SRINAGAR, Oct 10: Unfazed by National Conference’s defeat in the Jammu and Kashmir Assembly elections, its president and Minister of State for External Affairs Omar Abdullah today said he would resign from the Vajpayee Government but continuance of his party in the NDA was an open question.

" I will resign from the NDA ministry once Prime Minister Atal Bihari Vajpayee returns from abroad", Omar, who lost to PDP candidate Qazi Mohammad Afzal from Ganderbal seat, told Excelsior. Replying to another question about the continuance of National Conference in the NDA, he said " We will not be part of the Government any more but remaining in the alliance is still an open question". Responding to another question he indicated that his party will prefer to provide a constructive opposition in the State and work for the welfare of the people of the State whose interest and well being is a matter of prime concern for the National Conference.

There will be self introspection and we will try to figure out where things went wrong, he said. Omar said he had accepted the defeat gracefully and would start afresh and bring new life into the party. He said the trend clearly indicated that the people have voted against the party and it is a wake up call for the Party.

Asked about the reasons for the Party’s humiliating defeat, he said "lot of this has to be answered by the MLAs and senior leaders of the party who were in power for last six years". He said unavailability of the MLAs and Ministers to the people had cost the party dearly. Omar Abdullah, who is also Party president said that he will be calling an emergency session of the Working Committee of the National Conference to chalk out the next strategy.

Congratulating Afzal for his victory from Ganderbal, the 32-year-old National Conference president said he would continue working for the people of the State.

Omar also thanked the people of the State who voted for the National Conference and the entire electorate of the State saying their verdict will be respected by National Conference and its leadership has absolute faith in the people of the State.

PM says Centre towork with elected representatives in JK

COPENHAGEN, Oct 10: Declaring that Assembly poll verdict in Jammu and Kashmir was against Pakistan-sponsored terrorism, Prime Minister Atal Bihari Vajpayee today said the Centre would work in "close cooperation" with elected representatives of the State to fulfill the aspirations of the people.

Congratulating the "courageous and patriotic" electorate of Kashmir valley, Jammu and Ladakh, he said "before the start of the electoral process, we had pledged that the elections would be free and fair. This promise, too, has been fulfilled."

Vajpayee, who is here to attend the India-EU summit, said "the people of J and K have given their verdict. And the winner, clearly, is India’s democracy".

In a statement, he said "I would also like to assure that the Centre would work in close cooperation with the elected representatives in Srinagar to fulfill the aspirations of the people."

The Prime Minister said that before and during the course of the Assembly election he had stated that irrespective of which candidate or party won, "it would be a vote for Kashmiriyat, and it would be vote against Pak-sponsored terrorism and Pakistan’s anti-India propaganda".

"Our stand has been resoundingly vindicated both by people’s enthusiastic participation and by the outcome of the polls," he said.

He said braving the reign of terror unleashed by Pakistan-backed terrorist outfits, and disregarding the call for boycott of the polls, the people of the State’s three regions participated in the polls in large numbers.

The Prime Minister was monitoring the results since morning and was kept informed of the latest developments throughout the day, a PMO spokesman said.

Vajpayee also briefed the EU leaders on the J and K developments. (PTI)

Mehbooba won't be next CM: Mufti

SRINAGAR, Oct 10: People’s Democratic Party (PDP) chief Mufti Mohammad Sayeed today said his daughter Mehbooba Mufti was not in contention for the post of Chief Minister of Jammu and Kashmir, leaving in the race senior party leader Muzaffar Hussain Beigh and state Congress president Ghulam Nabi Azad.

The PDP and the Congress have agreed to form a coalition Government in the State and all eyes are now on independents who hold the key to the Government formation.

Mr Azad had a detailed meeting with Mr Beigh this afternoon to work out the future strategy of Government formation.

Both the parties are banking on the support of the CPI(M) and independents to form the next Government.

Talking to reporters here, Mr Sayeed said there was no question of Mehbooba Mufti taking over as the next Chief Minister.

"There are more senior leaders in the party than her. She has played her hole as everyone else had," he said.

The former Home Minister also said that he was not in favour of having a post of Deputy Chief Minister in the State.

"There will be no two posts as the Deputy Chief Minister is a figure with no power," the PDP chief said.

However, the Congress had made it clear that they will support the move. (UNI)

New Cong MLAs to choose their leader: Ambika

NEW DELHI, Oct 10: Congress today sidestepped queries as to who would be its Chief Ministerial candidate in Jammu and Kashmir.

Party general secretary Ambika Soni told reporters that the newly elected party MLAs would decide who would be the leader.

Asked whether Congress would lead the coalition, she merely said "we have 22" thereby indicating that the Congress has secured more seats than other like-minded parties.

Replying to another question, she said the Congress contested the election to provide an alternative to the National Conference and party president Sonia Gandhi decided to send a senior leader like Ghulam Nabi Azad as PCC president.

To a query, she said the Congress would have no hesitation to align with those parties and independents who had swore by the constitution and affirm faith in the democratic process.

She also pointed out that the Congress had withdrawn its candidates in favour of ten independents and PDP nominees as part of a tactical understanding. "We will now see how many of the independents won", she said. (PTI)

Court rejects Salman’s bail plea, remanded to PC till Oct 14

MUMBAI, Oct 10: Stating that the case had reached a crucial stage of investigation, a local court today rejected the bail plea of film actor Salman Khan in a hit-and-run case and extended his police custody remand to October 14.

Salman was arrested on September 28 under Section 304 a IPC (causing death by negligence) when he allegedly rammed his vehicle into a shop killing one person and injuring four others. He was released on bail on the same day but rearrested under Section 304 IPC, a serious offence, on October 7.

The Magistrate, however, allowed the actor to have home food, change of clothes, water and toiletries.

The Magistrate directed police to satisfy the court on October 14 about the progress in investigations or else he may consider granting bail to the actor.

Upset with prosecution’s plea for ten days police custody, the actor himself pleaded with the magistrate not to put him in jail and assured that he will cooperate with probe.

Salman said police had asked him two questions in the last three days in jail about the ownership of the vehicle involved in the mishap and whether he was driving it. He said the total time involved in questioning him was 15 minutes.

‘No doubt the police was nice to me but what is the use of keeping me in custody when I am ready to cooperate with police. I will regularly attend police station’, he said.

Earlier, the actor felt giddy and was given a chair to sit down. He was also given a bottle of mineral water.

In a related development, Mumbai customs today issued summons against the owner of the vehicle abdul rahim who is reported to be in Kerala, to determine how the car landed in Salman’s hands.

Outside the court, Salman’s fans gathered in large numbers. When he was taken back to lock up from the court, police had to use sticks to clear the mob coming in their way.

The court room was closed to the public and only lawyers, reporters and actor’s relatives were allowed inside to hear the proceedings.

Pressing for Salman’s police custody for ten days, prosecutors G D Nagrale and Rajan Khandekar said a team of police had gone to kerala to trace the owner of the vehicle and hence investigations were incomplete.

They alleged that Salman had driven the vehicle under the influence of liquor and was also not holding a licence.

Citing Supreme Court rulings, they urged that his bail plea should be rejected as there was a change in the circumstances with the police charging the actor with section 304 part two IPC (culpable homicide not amounting to murder).

Salman’s lawyers Abad Ponda and Zamir Khan also cited a plethora of apex court rulings to show that Section 304 IPC was not applicable in this case. They said it was just an accident case and Section 304 IPC was not attracted.

They said even in Bhopal gas tragedy in 1984 the supreme court did not allow police to charge union carbide officials with the charge of 304 ipc although 3,828 people were killed and several others maimed.

They said even if the allegations of prosecution were true, Salman was not guilty of offence under Section 304 IPC as it provided that the accused had knowledge that his act would lead to killing of persons. In this case, Salman had no knowledge that the persons sleeping on footpath would be run over by his car.

Salman’s lawyers said even for the sake of argument if they accepted that the actor was driving the car, it was an accident case and at the maximum Section 304-A was applicable.

Although Salman will raise his defence later it would be pertinent to point out here that on that day the actor had taken a sharp turn to avoid another vehicle coming from opposite direction and in the process could not complete the turn, they said. The vehicle came off the road and ran into a rubble where it skidded and finally rammed into the shop.

They also submitted a 40-page document to the court to prove the ownership of the car. They said the car belonged to Abdul Rahim who had come down from Sharjah with his assets to settle down in India but he had no money to clear the duty amounting to Rs 16.5 lakh.

Salman gave him the amount and Abdul Rahim had pledged the car to him for two years. If he did not return the money, then his rights and interest in the car would be transferred to Salman as per the agreement, his lawyers said.

In a separate development, Customs Commissioner (Imports), Ahmad Hussain, said summons had been issued against Abdul Rahim and were despatched at his address.

The customs have also alerted the central intelligence unit to gather evidence and trace out the details of the car and the subsequent buyers involved in its purchase.

The case has turned more complex with several enforcement agencies coming into play including the sales tax, the income tax and other departments of the customs since the issue involved an imported car, customs sources said.

The sources, however, ruled out that the car had been stolen since it had been officially registered and handled by a customs house clearing agent. (PTI)

India rejects EU request to resume talks with Pakistan

COPENHAGEN, Oct 10: India today rejected European Union’s fresh nudge to de-escalate tension and resume dialogue with Pakistan as the two sides failed to agree to take a joint position on the issue following sharp differences between the two sides as also dissensions within the 15-nation grouping.

"We didn’t agree on the text", Danish Prime Minister and President of European Council Andres Fogh Rasmussen said at a joint press conference with Prime Minister Atal Bihari Vajpayee at the end of the third India-EU summit when asked why there was no mention of Kashmir in the joint statement.

Observing that elections in J and K and Pakistan were important events in the Indian subcontinent, he said the EU urges India to "de-escalate tense relations with Pakistan" and engage in direct talks for a peaceful solution to all contentious issues.

Firmly outlining India’s position, Vajpayee said "we would like to de-escalate (the situation) but Pakistan has to first stop cross-border terrorism.

"In the recent elections in J and K, candidates were killed, voters threatened and even security forces were made targets. De-escalation requires a peaceful and congenial atmosphere," he said.

On resumption of talks with Pakistan, Vajpayee contended that he went to Lahore with the message of peace and harmony. "In return we got Kargil. Even then I invited Pakistan President Pervez Musharraf but he insisted on describing terrorism in Kashmir as freedom fight. People - innocent men, women and children - are not killed in freedom fight.’’

The Prime Minister said despite the reign of terror unleashed by Pakistan-backed terrorist outfits and disregarding the call for boycott of polls, more than 40 per cent of the electorate exercised their franchise in the state.

"Let Pakistan stop cross-border terrorism and we will resume our dialogue", he stressed.

Asked by a Danish correspondent what fallout would be there with a "pro-Government" establishment being ousted in Kashmir, Vajpayee shot back, "what is important is free and fair elections, not who wins or loses. It is democracy which has won in Kashmir."

Taken aback by the Danish Premier’s remarks, the Indian side quickly got into the act of damage control.

External Affairs Minister Yashwant Sinha said the EU formulation was on lines of what the Danish Premier had stated earlier that India and Pakistan should de-escalate and peace should be maintained.

The Indian side made it clear that till cross-border terrorism was not mentioned in the formulation, it would not be acceptable to it.

During the hard negotiations, the Indian side strongly contended that when the EU has in its earlier statements specifically named Pakistan while stressing on ending cross-border terrorism, why should they shy away from doing so now.

It was also put across that Indo-Pak relations should not be held hostage to ties with other countries. "While the EU itself is seeing this issue through Pakistan prism, they are blaming us for it," Sinha said.

In their separate interactions, Vajpayee, Sinha and Prime Minister’s Principal Secretary Brajesh Mishra told their interlocutors about Musharraf’s sustained anti-India rhetoric as also Pakistan’s attempts to disrupt J and K polls through violence.

The Indian leaders also rejected the EU stand of equating India and Pakistan on the issue of combatting terrorism. There has to be clear distinction between "arsonists" and "firefighters", Disinvestment Minister Arun Shourie told the EU side.

Sinha said there were apparent differences within the EU. He said this was evident with the EU high representative Javier Solana who shared India’s concerns on cross-border terrorism and appreciated the successful conduct of elections in J and K.

European Commissioner Chris Patten in an interview to an Indian daily took another line saying "we would like India not to view the relationship (with EU) through the prism of Pakistan".

Patten insisted that EU shared India’s concerns about terrorism wherever it happens and indicated that New Delhi had no reason to feel aggrieved about any "special, unearned sops" to Pakistan.

Vajpayee said there was scope for further intensification of the dialogue process between India and EU at all levels.

A joint statement issued by the two sides outlined a 16-point blueprint for an Action Plan which includes increasing cooperation on counter-terrorism issues including implementation of the UN Security Council Resolution 1373 which ask member countries to take steps to stop all forms of terrorism including those financing it.

The two sides have agreed to launch negotiations for an agreement on cooperation in customs and another on maritime transport.(PTI)

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