Kishtwar lathicharge condemned

Excelsior Correspondent

KISHTWAR, Dec 17: Bharatiya Janata Party Yuva Morcha (BJYM) has expressed serious concern over the lathicharge on the workers of J P Industries at Kishtwar the other day.

In a statement here,the Member National Executive BJYM, Mr Anil Parihar has urged upon the concerned authorities to take prompt measures in redressing the grievances of the employees rather than resorting to the unprovoked lathicharge.

The statement termed the demands of the workers as genuine and the management of JP Industries was asked to meet the same at the earliest.

Meanwhile, Mr Parihar and general secretary BJYM, Mr Jyoti Prakash Sharma have condoled the death of Mr K L Sharma, vice president of Bharatiya Janata Party who breathed his last in New Delhi early today.

Minister for more afforestation

Excelsior Correspondent

JAMMU, Dec 17: The Forest and Environment Minister, Peerzada Ghulam Ahmad Shah has emphasised the need for more afforestation in the State as the rapid industrialization has posed a great challenge to the ecological equilibrium. Referring to the advantages of green wealth, he said besides medicinal plants, hurbs and animal life, the forests and the green cover play an important role in maintaining the atmospheric composition.

Addressing the forest officers at a function organised to accord farewell to the former Forest Minister, Ch Mohammad Ramzan and welcome new Forest Minister Peerzada Ghulam Ahmad Shah, the Minister impressed upon the Forest officers to dedicate themselves for the cause of conservation of green gold which had been damaged badly over the years particularly during the turmoil in the Valley. He advised the forest officers that instead of sitting in offices they should visit the forests more frequently and the field staff should be asked not to have the forest unmanned, any laxity on their part would be viewed seriously. He said that henceforth the field officers like foresters and forest guards would be themselves responsible for any damage to the State's green gold, and besides he would be personally monitoring the activities of the filed staff.

Peerzada called for maintenance of discipline and decorum in offices and said that all officials would have to approach the Minister through proper channel.

The Forest Minister stressed the need for protection and preservation of forests and in this connection, he said, the services of the newly recruited Forest Protection Force could be utilized by the territorial forests. He said this practice remain in vogue till the force is fully equipped with modern weaponry and communication facilities. He hoped that this step would go long way in protecting the forests from the onslaught of the smugglers.

Lauding Ch Mohammed Ramzan, the Minister said that under his leadership the Forest Department has made remarkable progress in various fields. He said it was due to Ch Ramzan's efforts that timber smuggling has been checked to a great extent and bandsaws operating in the forest areas have been dismantled.

The Agriculture Minister, Ch Mohammad Ramzan thanked the officers for according him of farewell. Responding to the sentiments of Peerzada, the Agriculture Minister Ch Ramzan said that whatever achievement has been registered in the forest sector, during the last three years, was due to the whole hearted support and hardwork by the officers.

Ch Ramzan said that a great thrust would be given to the development of rural areas, which have received less attention in the past. He said, rural oriented schemes like JRY, PMRY, IAS, EAS would give new impetus so that the benefits reach to the rulers. He said horticulture sector, which has a tremendous scope in the State particularly in Kashmir valley, would be give top priority, and steps would be taken to explore the possibility of timely transportation of fruit from the Valley and to provide reasonable market to the fruit growers.

Speaking on the occasion the Minister of State for Forests, Mr B A Nengroo asked the officers of the department to take all possible measures to ensure full protection of forest wealth in the Stae and treat the forest as conservation instead of income generating source. He stressed for adequate quantity of timber be provided to the needy person for construction of residential houses.

Earlier the Principal Secretary Forests, Mr Vijay Bakaya, Principal Chief Conservator of Forests, Mr P Patnaik lauded the role of Ch Ramzan in the development and conservation of forests.

Rs 1.35 cr released by Traffic Police

Excelsior Correspondent

JAMMU, Dec 17: For violation of various traffic rules, a record fine of over Rs 1.35 crore have been realised by the Traffic Police Jammu during the first eight months of the current financial year as against Rs 74.67 lakh realised during the corresponding period of the last financial year.

According to the Superintendent of Police, Traffic, Jammu as many as 1, 19, 208 vehicles were challaned by the Traffic Police upto ending November this year as against 74,308 vehicles challaned during the corresponding period of 1998. More than 40,490 scooterists/motor cyclists have been challaned for not wearing crash helmets. Of this, 2528 two wheelers have been challaned for pillion double-ridding.

Nearly, 7551 buses, Mini buses and Matadors have been challaned for over loading of passengers, 28355 vehicles have been challaned for picking and dropping of passengers at busy chowks/intersections of Jammu city. 4138 vehicles have been challaned for not having pollution control certificate, causing air pollution. In addition, 615 drivers have been challaned for plying their vehicles without proper driving licenses, 660 vehicles have been challaned for creating noise pollution by blowing shrill horns. The department have also seized 358 tape recorders from mini buses and matadors during the period.

On Jammu-Kathua and Nagrota National Highways, 799 vehicles have been challaned for rash driving.

Seminar on Sanskrit organised

Excelsior Correspondent

JAMMU, Dec 17: With the celebration of Sanskrit Year Programme all over the country, the students and staff of Shri Raghunath Sanskrit MV Birpur organised a seminar on various aspects of Sanskrit language.

The programme was commenced with the chanting of Vedmantras by the students.

The Principal of Shri Ranbir Kendriya Sanskrit Vidhya Peeth Jammu was the chief guest. Prof L D Shastri, the Principal of Maha Vidyalaya presented a paper on the importance of Sanskrit language. Prof D R Sharma and Prof Tiwari Dwelt at length on the subject.

The chief guest Dr R D Vishwakarma the Asstt Commissioner Central School of India appreciated the working and environment of the Sanskrit College. The vote of thanks was presented by Mr Praveen Sharma, senior teacher.

Governor's plea to Red Cross

Excelsior Correspondent

JAMMU, Dec 17: The Governor, Mr Girish Chandra Saxena has called upon the Red Cross functionaries in the State to extend their activities with a missionary spirit so that the facilities could trickle down to needy people.

He was addressed the Annual General Meeting of the managing committee of J&K Red Cross Society held here today. The Chief Minister, Dr Farooq Abdullah, Health and Medical Education Minister, Mian Altaf Ahmad and Chief Secretary, Mr Ashok Jaitly attended the meeting.

Speaking on the occasion the Governor said that there should be a proper movement and concerted drivers launched to increase the membership of the Red Cross and raise funds for its noble activities. He said that organisations like Red Cross essentially deal in public money and therefore, must operate in an extremely transparent manner. He said that divisional and district branches should not concentrate their activities at the regional and district level only but explore down to the remotest areas.

The Governor expressed his satisfaction over the way the Red Cross extended relief to the Kargil victims. He emphasised the need to provide prompt and speedy relief to the needy people whenever any eventuality arises.

The Chief Minister, Dr Farooq Abdullah while addressing the meeting said that Red Cross had done commendable work in helping the militant victim and those who suffered from house fire incidents in the Valley. Dwelling upon the resources deficit in the Red Cross, he said that there should be a proper assessment of mobilization of resources and deployment of funds must take place in an efficient and need based manner. Unnecessary and non-productive expenditure must be curtailed. He emphasised over the need to give more stress to conduct fund raising activities in all the districts and at divisional level. He announced to provide Rs 5 lakhs as grant-in-aid to Red Cross so that the activities of the Red Cross could be carried out more effectively. He also announced to provide computer gadgets and duplicating machines to the State Red Cross Society. Saying that the distressed people have faith in Red Cross, the Chief Minister exhorted upon the Red Cross authorities to fulfill their noble objectives with more vigour and dedication.

The meeting reviewed the progress of the J&K Red Cross for the year 1998-99 and discussed various measures, which are under execution in the current year. It confirmed the appointment of Qazi Mohammad Amin as Honorary Secretary, State Red Cross Society. Mr Amin took over as Honorary Secretary consequent upon the death of Mr S K Koul the then Honorary Secretary. The meeting took various decisions to make the Red Cross more action oriented.

The Honorary Secretary Qazi Mohammad Amin earlier gave a resume of the activities of the Red Cross and said that the J&K Red Cross has drawn up a plan to spend Rs 84.29 lakh during 1999-2000 in the State. He said that besides providing relief materials to the victims of Kargil conflict, blankets, medicines, cooking utensils were also provided during the current year to fire victims in various villages of the Valley. He said 15 blood donation camps were held in both the divisions in collaboration with various voluntary organisation and collected 838 pints of blood during the year till November end. The district and regional committees also held 13 medical camps treating 3,354 patients.

Mr Amin said that a new programme for imparting first-aid training to voluntaries including boys and girls has been started by regional committee Kashmir. In the initial stage, a badge of 16 boys and girls are being imparted the training and first-aid-kits would be provided to them after completion of the training. This scheme would be introduced in other districts in a phased manner.

Among others the meeting was attended by Principal Secretary Home, Mr C Phunsog, Principal Secretary Finance, Mr Ajit Kumar, Commissioner/Secretary, Social Welfare, Mr Ashok Angurana, Divisional Commissioner, Jammu, Mr B S Jaswal, Divisional Commissioner, Kashmir, Mr K A Ganai, members of the State Red Cross, IG, CRPF and IG, BSF of Jammu range, Deputy Commissioner of various districts and senior functionaries of Red Cross.

Earlier two minutes silence was observed in the honour of the late Mr S K Koul and other officials of the Red Cross who died during the last year.

Structures against investigating agency
HC sets aside sentence order passed by trial
court in NDPS Act

Excelsior Legal Correspondent

JAMMU, Dec 17: Mr Justice Arun Kumar Goel has set-aside the conviction order passed by Sessions Judge Jammu on April 4, 1995, whereby the trial Court had awarded 10 (ten) years rigorous imprisonment and fine of Rs 1.00 lakh to accused Mohd Sharief, son of Din Mohd and accused Safdar Ali son of Jalal Din Lone both residents of Chameru Tehsil Thathri district Doda presently lodged in Central Jail Jammu, who were caught by the ASI Police Krishan Chand Katal, Incharge Police Post Residency on Dec 10, 1993.

Huge quantity of Charas was recovered from their possession and a case was registered against both the accused under Narcotic Drugs and Psychotropic Substances Act, 1985 and challan was presented in the court, where the Trial had awarded sentences.

The accused convict filed Criminal First Appeal in the year 1995 and challanged their conviction on legal grounds.

While setting aside the conviction order, Mr Justice Arun Kumar Goel observed that the callous and cursory manner in which the investigation has been conducted by the police officer in the case leaves to be much to the said. Matter regarding compliance with the provisions of Section 41, 42, 50 as well as other provisions of the NDPS Act had been receiving attention of all the courts including this High Court and the Apex Court.

By now it is well settled that so far as the provisions of Sector 50 are concerned, breach thereof entitled an accused person like appellants to an acquittal. It is very unfortunate as well as intriguing in the circumstances of this case as to why the steps were not initiated by the Investigating Agency to be sure that provisions of law are complied with, so that atleast on that account this case does not fall, particularly when this case relates to the year 1993 and the long before the date of recovery in this case.

This controvery was set at rest. It is high time that the authorities concerned not only educate the police officers to carry out all investigation including those under NDPS Act in a more scientific and legal manner, but such officers are given timely training through refresher courses in accordance with the development and evaluation of law from time to time.

The court further observed that if this trend of investigation continues, then there will be no way out with the courts but for letting loose persons who are found in possession much bigger quantity of contraband. Whoo will ultimately suffer, society at large, because it is the public interest that is going to suffer, because of the narcotic drugs and psychotropic substances Act being put to sale to the younger generation making them nothing, but addicts. Leaving the matter here only it is ordered that a copy of this judgement be sent to Director General of Police as well as to the Chief Secretary to Government of State for taking remedial measures as they may consider proper in the larger interest of the society as a whole".

With these observation Mr Justice Goel allowed this appeal and set aside the judgement passed by the Trial Court on April 4, 1995 and appellants are acquitted of the offences, which they were found guilty.

The court ordered that they be set at liberty forthwith unless required in some other cases. Senior Advocate S S Lehar with Advocate C S Azad and Advocate Surinder Kaur apeared for the appellants; whereas Mr P C Sharma Government Advocate appeared for the State Respondents in this case.

Dy Director Libraries appeal again suspension dismissed

Excelsior Legal Correspondent

JAMMU, Dec 17: The Division Bench of the State High Court Jammu-wing comprising Mr Justice T S Doabia and Mr Justice Arun Kumar Goel has dismissed an appeal filed by Dr N C Prabhakar, Deputy Director, Libraries, Jammu who has been placed under suspension on August 4, 1999.

The Division Bench while dismissing the appeal, observed that in view of the decision given by the Supreme Court and in view of the factual position noticed by the Single Judge of the Court, there is no merit in this appeal and the same is dismissed.

The appellant filed this appeal through Advocate Anil Sethi submitting that the suspension order passed by an officer who was not his appointing authority in the other hand the Government Advocate D S Chauhan appearing for the Respondents submitted tht while working he has committed certain lapses, including payment to the extent of Rs 2,95,580 was made though funds were not available; he acted as Drawing and Disbursing Officer and exercise powers of Chief Librarian, District Library Kathua and withdraw a sum of Rs 11,989, he also withdraw a sum of Rs 3000 as travelling expenses as he travelled by air even though, he was not entitled to do so.

The Division Bench while dismissing the appeal, further observed that in the present case the order of suspension has been passed by the Commissioner to Government Higher Education Department J&K which is an authority of the same rank by which he was appointed earlier.

Interim order in Jammu Doordarshan case vacated

Excelsior Legal Correspondent

JAMMU, Dec 17: The Division Bench of the State High Court Jammu-Wing comprising Mr Justice T S Doabia and Mr Justice Arun Kumar Goel has vacated interim order passed by Single Bench on November 26, last whereby the Single Judge had stayed the order impugned pertaining to the transfer of two officials of Doordarshan Kendra Jammu.

The Division Bench also issued notice to the Broadcasting Corporation of India through its Dy Director (Administration), New Delhi and Mr J K Zutshi, Executive Producer DDK.

Senior Central Government Standing Counsel, Mr Subhash Bhat who appeared for the Broadcasting Corporation submitted that in at Doordarshan Kendriya Jammu, there are at present three Executive Producer. It was also pointed out that earlier there was no post of Executive Producer. Now two posts have been transferred from Doordarshan Kendriya Delhi and one from Srinagar. All these posts are those of Executive Producers and the appellant has also the writ petitioner JK Zutshi is to function as Executive Producer. Regarding the third post one Mr P L Handoo is posted.

Upon this argument, the Division Bench observed that the basic grievance of Mr Zutshi which led to the passing of interim order, was that he has been left without any post, this grievances now no longer survives, therefore , the stay order granted shall stand vacated.

As to who has to function as Head of the Office, the court said is a matter which the parties are left free to agitate before the writ court. It is, however pointed out by Mr Subhash Bhat that Mr Manzural Haq in his capacity as the senior most Executive Producer is to function as Head of the Office.

"As indicated above, we are not commenting upon this issue. This issue if taken in writ petition would be decided by the writ court. The interim order shall stand vacated. The Broadcasting Corporation of India would be at liberty to convey and express order in this regard to the parties litigating in this court," the bench observed.

Mr Manzural Haq had filed this appeal against the interim order passed by the Single Judge on November 26 last through Advocate A K Sawhney and prayed for the quashment of the same. By that Single Bench order, his posting was stayed.

JKP's help to local people

Excelsior Correspondent

JAMMU, Dec 17: The Jammu and Kashmir Police is not only maintaining law and order and fighting insurgency with fortitude but it in also rendering a yeoman's service by under taking development works and welfare schems in close liaison with the local public.

On Dec 15 the DIG Rajouri-Poonch Range Mr K Rajendra Kumar inaugurated a passenger-cum-waiting shed at Village Hari in district Poonch. The shed was recently constructed by the J&K Police at Harni is a Centre of a number of villages of the area. Such a shed that could provide them shelter in heat and heavy rains was a long pending demand of the local population. It was at last fulfilled by the voluntary efforts put in by the police to provide requisite relief to the people.

At the time of inauguration of passenger-cum-waiting shed, police officers of local police/armed police and repectables of the area were present. On the occasion Mr K Rajendra lauded the people of the border district for their brave fight against the militants as also for extending their full co-operation to the police.

He said the police has launched Civic Action Programme with a view to meet certain requirements of the remote areas. It was in this perspective that the police has been undertaking construction activities for the welfare of the public and organsing seminars and educational tours for the general awakening of local students. He exhorted the educated unemployed youth not to confine themselves to their district or State but also to go outside the State and face competitions for their brighter future.

Again as a part of Civic Action Programme the J&K Police on the insistence of one Pritam Spiritual Trust Poonch, NGO, has identified more than thirty physically handicapped persons requiring artificial limbs. For this purpose the Director General of Police, Mr Gurbachan Jagat has provided Rs 30,000 as monetary assistance for meeting necessary expenses.

The amount was handed over to the Trust on Dec 11 by DIG Rajouri-Poonch Range at a function which was attended besides others by DC Poonch Mr G O Mughal and Commandant 13th Battalion JKAP, Mr Yogendra Koul. This goodwill gesture was highly appreciated by the public.

The physically handicapped persons so identified belong to the remote and border belt of district Poonch. They will be shortly taken to Delhi for fitting them artificial limbs. They will return by the last week of this month.

The police is also running a vocational training centre, Sarfraz Youth Club, in district Poonch. It imparts necessary training to the trainees in cutting and tailoring so that they many be able to earn their livelihood favourably.

These development/welfare measures have been well recieved by the public.

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