Daily Excelsior... Editorial

EDITORIAL

One question that journalists from this State who recently toured the other side of the Line of Control are being often asked is whether they have seen any terrorist training camps in Muzaffarabad or elsewhere. It is perhaps a perfectly legitimate query. On several occasions in the past we have seen innocent young men particularly from the Valley crossing tough mountains to get arms training in the capital of 'Azad' Kashmir. In the process Muzaffarabad has earned the dubious reputation of being the base camp and launching pad for all terror activities in our part of the State. Pakistan on its part has vainly attempted to deny what is an open secret. Tracing the genesis of what he has described as 'freedom struggle' Jammu-Kashmir Liberation Front (JKLF) leader Amanullah Khan has confirmed quite a few sordid facts. Perhaps the only firm believer in the re-establishment of a united, independent and sovereign J&K as it had existed in 1947 Mr Khan has let it be known that people trained by 'us' (he has not said it but apparently he and his ilk had acted in concert with the 'Azad' Kashmir Government and Pakistan for this purpose) had gone astray about two years after they had started armed movement in the Valley in the late eighties. He has mentioned the names of Ahsan Dar and Mushtaq Zargar in support of his contention. Both of them, in his view, had gone in different direction from the one for which they were honed. The latter was one of the three terrorists who were flown out of jails in India to Kandhar in exchange for passengers of a hijacked Indian Airlines plane. What has apparently upset the likes of Mr Khan is that their strategy to keep the reins of movement in the hands of local Kashmiri youth misfired with the entry of Lashkar-e-Toiba and other similar fundamentalist outfits. Contrary to their strategy and planning their movement had acquired a communal colour. Their calculations ........more

Agriculture neglected in J&K

By K.L. Sharma

Manmohan Singh's Kashmiriyat

By Allabaksh

Oily matters

By Joginder Singh

An NGO called Common Cause had in its complaint on January 31, 1996, alleged that officials of the Ministry of Petroleum showed favours to different persons for allotment of petrol pump and gas agencies. Thus they had abused their official position as public servants........more

Kashmir on the road to peace and development

By Ghazanfar Butt

EDITORIAL

Terror shops

There is intense feeling among the Kashmiri youth that they have been taken for a ride by the powers-that-be in Muzaffarabad. They have been used as a fodder while those provoking them have been living a hassle-free life. Why no violent movement was triggered in 'Azad' Kashmir while they were thrown into an inferno? It is a genuine question that the people of this State can ask? 'Azad' Kashmir 'Prime Minister' Sikandar Hayat Khan was hard put to explain this dichotomy during his inter-action with journalists from the State. For the sake of record he denied having ever extended patronage to militants but almost in the same breath he stated that his government would welcome anybody coming from any part of the State. Veteran leader Sardar Qayum was of the view that a struggle of the kind witnessed in the Valley would have only hit the interests of the common man in 'Azad' Kashmir. It is a pity that a votary of inter-regional dialogue like him --- or for that matter even Mr Khan --- are not ready to completely disown the gun closing their eyes to the havoc that it has already caused.

Admittedly the gun-totting militants have not been seen roaming around freely in Muzaffarabad this time, as they would do in the recent past. Their training camps were not visible even earlier. Only the naïve would expect them to function in the open. If these shops exist they should be shut down without any further delay. The gun has the tendency to viciously boomerang on its promoters.

Agriculture neglected in J&K

By K.L. Sharma

"India lives in villages, if you want to see India, go to the villages, there you will find the real picture of India," said Mahatma Gandhi. Nearly 75 percent of Indian population lives in rural areas and their occupation is Agriculture. The people living in villages derive their livelihood i.e. Rozi, Roti from agriculture. But planners and politicians have not given due recognition and attention toward agriculture development. Agriculture production contribute more than 32 percent of G.D.P. but in return only 8 percent of the National income is spent and earmarked for Agriculture and allied sector. Even after the 55 years of Independence the condition of farmers is more or less the same.

There is no concrete Agriculture policy with the Government. No doubt in the decade of 1960-70, India touched the height of self sufficiency in respect of food grains but the tempo and pace of progress was not maintained and increase in Food production is not in proportion to the population growth. The suicide committed by the hundreds of farmers in Andhra Pardesh and in other sates reflect the poor marketing system and non seriousness of the Govt. and planners. Farmers could not withstand the high cost of inputs and were compelled to breathe their last under the burden of loan and high interest. The cost of hybrid seed, fertilizers, pesticides and other inputs has gone high and on the other hand no proportionate increase in farm yield cost has been ascertained by the Govt. The new generation of the farming community is not taking any interest in Agriculture trade and are shifting toward other beneficial profession and trade.

In J&K State the condition is more deplorable. Nominal funds are allotted toward this sector. It is generally observed under District Plan allocation that Agriculture occupies the bottom position. Even Agriculture scientists coming off from the peasant community too are subjected to step motherly treatment. Maltreatment is done with them in respect of recruitment, status and recognition. It is quite pathetic on the part of Govt. that when more than 1500 posts of Jr. Agri Asstt and other technical functionaries are lying vacant in Agriculture and sister Departments. The Government has not recruited a single graduate for the last 8-10 years. Due to the shortage of staff in the department Agriculture Development work is suffering badly. Had Govt. provided jobs to the young scientist, farming community would have been properly guided and national production would have increased remarkably, but Govt. who is busy in raising of police force and teachers for unproductive purpose deliberately avoid the interests of 80 percent population of the farming community to lookafter them and are deprived of Rehbar-e-Zirat guidance.

It is also not out of place to mention that the Agriculture Department who is entrusted with the job of dessimation of technology and guidance to farming community is itself unguided. Moreover the department has not conducted the D.P.C of the Gazetted officers for the last 25-30 years, with the result the number of officers were compelled to retire on the same post and grade on which they were recruited 32-35 years ago.

To look into the matter seriously Govt. is requested to constitute a high level commission to high-light the various bottlenecks, constrains and problems faced by the farmers in respect of Agriculture Development and suggest the various measures to rectify them in the agriculture sector and department. Keeping in view the poor condition of the farmers the mode of subsidy on Agriculture inputs should also be made admissible and a sound marketing policy in proportion to the hike in prices as cost of cultivation may be chalked out. Due recognition to the Agriculture technocrats may be given and all disparities may be removed so that young and intelligent people are attracted in this trade and standard of living of rural is properly ensured.

Manmohan Singh's Kashmiriyat

By Allabaksh

It has become an accepted pattern. The visit by the Prime Minister (or any other VIP) to the Kashmir valley must be preceded by militants' displaying their appetite for innocent blood, blaming it on 'Indian agents' and greeting the visitor with a strike. The visiting leader will announce a fresh 'package' or some other major concession to the Kashmiris in an effort to win their 'hearts and mind'. Then everyone with a stake in Kashmir will assess the visit on predictable lines. The government will say it was a 'success' but for the pro-Pakistani elements, who are largely confined to militants called 'separatists' by the western media, the visit will always be a 'failure' till the entire state, or at least the valley, is handed over to them.

So, before Dr Manmohan Singh arrived in Kashmir on a two-day visit, his first as the Prime Minister, two Kashmiri militants got ready to perpetrate the usual visit-eve mayhem. Unfortunately for them and their masters across the border this time they failed in their 'mission' as security forces detected their presence in a deserted building 200 metres from the venue of the Prime Minister's public meeting in Srinagar and killed them after an encounter.

The Prime Minister's visit to the valley was looked upon by the majority Muslim community as some kind of a periodic 'tamasha' because, rightly or wrongly, they think that neither do they stand to benefit much from the 'package' nor is the peace going to return to their 'paradise' in the near future. The question uppermost in the minds of the minority Pandit community, ousted from the valley in a planned ethnic cleansing by pro-Pakistani elements, is when can they return to their homes and they see no immediate signs of that happening.

Yet, to dismiss the Prime Minister's visit and developments leading to and after that visit with a sense of déjà vu may be wrong. A somewhat unexpected fallout of the visit could be some loss of face for the All Party Hurriyat Conference, the umbrella organisation of the separatists. Newspapers have dubbed the Hurriyat leadership as 'small men thrown into big chairs.' After the recent assembly poll it became clear that the Hurriyat has little mass support. A division in their ranks further eroded their credibility as the popular voice of Kashmiris and the recent efforts by the so-called soft-liners in the Hurriyat to turn hardliners has brought them nowhere. By insisting on singing the tune called 'Get Us to Pakistan in Time' the Hurriyat leadership has done little to redeem itself. Neither faction of the Hurriyat can claim that it gives precedence to advancing Kashmiri interests over that of Pakistan.

Manmohan Singh has said that the decision to reduce the presence of the army in Kashmir is not tokenism. He announced the Rs. 24,000 package basically to strengthen the long neglected infrastructure and certain other facilities in Kashmir. Voices have been heard that Kashmir needs a 'political package' and not an 'economic package'. For years, Kashmir has been receiving handsome handouts from New Delhi-the per capita allocation for Kashmir standing above many more deserving states. Most of the money is said to have gone to line the pockets of politicians. That may not be wide of the mark, given the politicians' well-known avarice, though Kashmiris have also started wondering how some of the separatist leaders have accumulated immense fortune.

However, a successful implementation of an economic package can create a better political climate. For instance, if unemployment is a major reason for the so-called frustration among the Kashmiri youth, pumping in vast funds can pave the way for creating plenty of jobs-provided the atmosphere is free of militancy.

Thus, the onus for making a 'success' or otherwise of the measures announced by the Prime Minister now -or by earlier ones--lies on the Kashmiris in general and the pro-Pakistani advocates of violence in particular. If they allow militancy to continue unabated, they cannot blame New Delhi for the 'failure'. If, on the other hand violence is considerably reduced, the Kashmiris can look forward to many more 'successes' with ample investment and tourist flows to begin the process of rebuilding Kashmir at a fast pace.

It is perhaps not very surprising that the Prime Minister's assertion that any future 'solution' to the Kashmir issue cannot be based on re-drawing the boundaries or another division of the state on communal lines has evoked strong reactions in the pro-Pakistani elements in Kashmir, not to mention Pakistan itself. This message was very clearly delivered to the Pakistani strongman, Gen Parvez Musharraf, by Dr Manmohan Singh when the two had met in New York last September. The reaction of Musharraf or his Foreign Office is typical of their arrogance and petulance-and amnesia. It is time Musharraf and his aides realised that their bellicosity and churlishness will not get them any 'concession' from India.

They may not pretend to know it publicly but the Pakistanis understand it perfectly well that as a country that does not subscribe to the two-nation theory India will never accept division of any of its territory on communal lines. Of course, since that very theory is the basis of the creation of Pakistan, unifocused men like Musharraf cannot be expected to appreciate the Indian point. Had Manmohan Singh been cast in the same insolent mould as Musharraf he might have called the latter's bluff on his willingness to adopt 'flexibility' on Kashmir. Pakistan's life long army chief and self-appointed president is not willing to part even with an inch of territory it occupies in Kashmir but wants India to part with a major portion of its side of the state to show 'flexibility'.

Manmohan Singh has said almost in no uncertain terms that he is willing to consider the pre-1953 autonomy for Kashmir, soften rules for the movement of Kashmiris across the border and extend democracy at more levels, such as the village panchayats. These steps should go a long way in making the Kashmiris feel that they have a free hand in running their affairs and also in uniting the 'separated' Kashmiris. But the problem is that Musharraf does not like words like 'autonomy' and 'democracy'.

Those who show interest in finding solutions to the Kashmir issue tend to overlook an important fact that the part of Kashmir under Pakistani control has seen a demographic change with the 'native' Kashmiris being outnumbered by Punjabis and Pathans. The 'native' population has been getting restive in PoK as it is ruled with an iron hand by the Pakistan military. By any independent yardstick, the Kashmiris in India enjoy more democracy than do their counterparts living under Pakistani rule. Words like 'Kashmiriyat' do not make sense in the Pakistan occupied Kashmir which is hardly Kashmiri is character. Let Musharraf show some flexibility is restoring 'Kashmiriyat' in PoK before he talks to India about Kashmir. (Syndicate Features)

Oily matters

By Joginder Singh

Based on the above complaint, the CBI in September 1997 had registered 15 cases against the then Petroleum Minister Satish Sharma and the allottees under Section 120 B (criminal conspiracy), Section 409 (criminal breach of trust by public servant) of IPC and relevant sections of Prevention of Corruption Act. Sharma was Minister of State for Petroleum and Natural Gas from January 19, 1993 to May 15, 1996.

The Supreme Court too had ordered a CBI probe into the allotments after finding Sharma's conduct ''unjustified'' in a 1996 judgment.

It had directed Sharma to pay Rs 50 lakh as exemplary damages for irregularities in allotment. But three years later, the Apex Court accepted a review petition from Sharma to waive off the penalty imposed on him.

In almost a similar case a few months ago, the CBI was also not allowed to file an appeal in the Delhi High Court against a lower court verdict acquitting JMM chief Shibu Soren in a disproportionate assets case arising out of the JMM bribery case. JMM is an ally of the present Central Government and the JMM chief was also briefly a Minister in the Central Government.

The CBI said it had received a Union Home Ministry letter on September 27, this year, refusing sanction for Sharma's prosecution.

The letter of the Home Ministry said: ''The matter has been considered carefully, in this Ministry, in all aspects, in consultation with the Law Ministry. After considering all the factors in totality, including Supreme Court's review judgment on August 3, 1999, it has been decided with the approval of the Home Minister, not to grant sanction for prosecution of Satish Sharma.''

Scams in petroleum sector are nothing new. Where money is there, like bees flocking to a beehive, people will flock to it. Public memory is proverbially short. Nobody learns from the past and continues doing the same things, with the hope, that he or she would not be exposed. Hardly ink had dried in the Satish Sharma's cases, regarding petroleum sector, which went upto Supreme Court, the country was faced with another scam in petrol pump allotments, in 2002.

The present Government and the then opposition, mounted a scathing attack, on the Government in the wake of a newspaper's investigation report, in July-August, 2002 on the allotment of petrol pumps and LPG agencies to the kin of BJP leaders and allies.

Parliament had to be adjourned a number of times. The Opposition, led by the Congress, at that time, kept chanting ''BJP is PPP, petrol pump party'' and ''a party of looters''. The political storm caused by the petrol pump allotment scandal continued to rage in August, 2002. The then Prime Minister later ordered the cancellation of all allotments since January 2000, to prevent parties from getting interim injunctions in courts. Infact the thinking in the ruling party at that time was that the Congress had ''enjoyed'' this ''perquisite'' for about 20 years , and if the allotment to BJP workers' relatives were to be cancelled, all the allotments for the last 20 years must also be cancelled. It was to adopt the policy that if we lose, let opposition also lose.

According to one estimate, the beneficiaries either belonging or sympathising with the then party in power benefitted anywhere between Rs 2,500 crore and Rs 3,000 crore.

However, the then Petroleum Minister claimed that there was nothing irregular about the allotments cancelled by the then Prime Minister.

However, the then Government of the day, chose not to order any investigation into irregular allotments for reasons best known to it. Here in the case of the former Petroleum Minister, Sharma, the Government has broken a new path and blazed a new trail in which the people belonging to the party in power can be forgiven or even old pending cases withdraw or dropped against them.

There is nothing to prevent other politicians involved in scams, but now facing trial to demand a price for their support that similar treatment be extended to them by their party in the power.

Or for that matter the Deputy Chief Minister of Punjab, facing trial in a corruption case, will be well within her rights to ask for the same indulgence as has been shown to a former Petroleum Minister as both belong to the same political party. It is encouraging criminalisation in another way. Whatever defence may be there for scams in petroleum sector, it has been nothing short of ''organised, institutionalised loot, without any norms.''

Dubious allotments by one party in power, against done by the other party, or parties in power, does not either cancel each or justify the action of both. This approach is nothing short of defending the indefensible. Ideal arrangements would be to let the investigation and trials go unhindred. Ideal unfortunately is unattainable. The Supreme Court in its judgement dated December 17, 1997 had struck down the orders which required CBI to take the Government permission before starting a case against any officer of the Joint Secretary and above. The Apex Court had held such an order as ultravires of the Constitution as it militated against the right to equality.

It also felt that indulging in corrupt practices cannot be treated as a part of the duties of the public servant. Apart from the bureaucrats even MPs and MLAs are considered public servants. But instead of complying with the law, the Government again imposed the same restriction on CBI, while passing CVC Bill. Incidentally the creation of CVC has not meant any more independence for CBI, than it already enjoys. Instead, it has been saddled with another layer for so-called supervision by retired bureaucrats.

It is hoping against hope that any Government of the day would ever be willing to relinquish its control and the power to interfere or direct investigation into cases against high and mighty. Infact, the present position is that CBI is far from an independent agency. Where any State Government has found the functioning of the CBI inconvenient, it has withdrawn its consent to function there and asked it to pack its bags. The basic law has remained unchanged from the British times.

Unlike the Federal Bureau of Investigation, which has jurisdiction on the entire country of United States of America, the CBI functions at the sweet will of State Government. No action can be taken against Central Government employees posted in the States where no consent has been given to operate.

Even if consent has been accorded for functioning of the CBI in any particular State, no action can be taken against a State employee without the approval of the State Government. The Income Tax, Central Customs and Railways Officials are there in every State. Even if they defalcate or 'play hell' with the Central revenues, a State can withdraw its consent to operate and nullify the probe. Whenever there has been a clash, the States have withdrawn consent for the functioning of the Special Police establishment in their area.

States like Karnataka, Haryana and Andhra Pradesh had at one stage or the other withdrawn their consent and the CBI had to close its shop there. Some States give consent from case to case basis. The latest State, where CBI has had to pack off, is Goa.

It is essential that Central Government should have vigilance jurisdiction over its employees no matter where they are posted. While 14 States have given a general consent to the CBI to proceed in all types of cases, 10 States have accorded consent in respect of only a few Acts or against a specific class of persons. The States which have given the general consent to the CBI are : Gujarat, Kerala, Mizoram, Maharashtra, Meghalaya, Nagaland, Orissa, Rajasthan, Sikkim, Goa, Tripura, Manipur, Arunachal Pradesh and Chattisgarh. The States which have given consent in respect of a specific class of persons or few Acts are : Jammu and Kashmir, Punjab, Assam, Haryana, Uttar Pradesh, Madhya Pradesh, Tamil Nadu, Himachal Pradesh, West Bengal and Andhra Pradesh.

It is time to remind all our political leaders that in the late fifties, when LIC had made some investments in dubious firms owned by industrialist Mundhra, the then Finance Minister T T Krishnamachari (TTK), had to resign.

This happened, inspite of lack of any allegations, that either TTK had benefitted personally from the transaction. Many right thinking persons feel that when in the case of the former Prime Minister and Jain Hawala case, the common refrain of the Government of the day and the politicians was that let the law take its course. Forget about the ideal, even the normal functioning of the investigation agencies is hamstrung. Is it hoping against hope that things must get worst before they can improve? The question is simply how much they should get worse ?

PTI Feature

Kashmir on the road to peace and development

By Ghazanfar Butt

The announcement of strategy to achieve objectives of peace and development in Jammu and Kashmir made by the Ministry of Home Affairs and the statements made by the Prime Minister during his visit to the State have brought clarity to the Centre's stand on Jammu and Kashmir. There may not be anything new in the strategy, but it has helped in clearing the confusion in many minds concerning the options that may be considered to restore normalcy and encourage economic development in the State.

The clear stand of the Union Government will be appreciated by the people of Jammu and Kashmir, who have been hearing conflicting statements in the recent past. The new strategy comes in the wake of the visit to Jammu and Kashmir by Prime Minister Manmohan Singh and Home Minister Shivraj Patil. During his visit to the State, Prime Minister Manmohan Singh called all sections of the society in the State to join together in building a 'New Kashmir'. The statement of Manmohan Singh was reminiscent of the slogan given by late Sheikh Abdullah in the late forties of 'Naya Kashmir', pursuant to which the State carried out extensive land reforms transferring land to the tiller.

Dr Manmohan Singh gave the State a new slogan and a new economic programme under which the Central Government will help the State to embark on a development programme which will involve an outlay of Rs 24,000 crores. The aim of the plan is to impart dynamism to the economy of the State. It would revitalize the tourism industry, create new capabilities and generate self-employment opportunities.

Dr Manmohan Singh indicated the key features of the new plan which had specific schemes for all the three regions of the State - Jammu, Kashmir and Ladakh. Jammu region will see the early completion of the hydro-electric power projects like Salal, Dulhasti, Baghlihar and Sewa II, the Pakal Dul and the Bursar projects. The power transmission and distribution network will also be strengthened. New targets have been provided for the construction of roads, schools and health centers.The damaged houses for people on the border and Line of Conrrol will be repaired and better amenities will be provded for the Kashmiri migrants.

The Kashmir region will see the completion of Uri II and the Kishanganga hydro-electric power projects. New roads connecting Srinagar-Uri, Khanabal-Pahalgam will be built. The Narbal-Tangmarg road will be completed soon and Srinagar will be developed into a modern international airport. Six new degree colleges will be established at Budgam, Beerwah, Pattan, Bandipore, Sopore and Dooru. The horticulture industry will receive more support and the agriculture graduates receive assistance for self-employment.

New tourist development centres will be established at Patnitop, Bhaderwah, Kishtwar, Poonch, Rajouri and Lakhanpal - Sarthal in Jammu region and Pahalgam, Gulmarg, Kokernag and Sonamarg in the Kashmir region and at Leh and Kargil in Ladakh region.

A 220 KV transmission line between Srinagar and Kargil will be undertaken in Ladakh. A new road connecting Nemo-Padam-Darcha will be constructed. Food storage facilites will be established at Leh and Kargil.

It is a common statement in the State that whenever the State plays host to a Prime Minister, many promises are made, but very few of them see the light of the day. To ensure that the promises are implemented, Prime Minister Prime Minister Manmohan Singh will set up a monitoring group consisting of officials from the Prime Minister's office and from the Central and State Governments. The Prime Minister also promised that a high power advisory council headed by an eminent person would be set up to evolve an integrated socio-economic plan with a long-term perspective.

Prime Minister's clear statement that there will be no redrawing of the boundaries may have had negative vibes in Pakistan to start with but the situation was back on the rails, when he said that the dialogue with Pakistan will continue and reiterated the stand when he met the Pakistan Prime Minister Shaukat Aziz in New Delhi. The strategy announced by the Home Ministry says that efforts will be made to promote inter-action with people of Pakistan and pursuing the opening of Jammu-Sialkot, Uri-Muzafarabad and Kargil Skardu roads.

The Centre has reiterated that initiatives will be taken to conduct a dialogue with all groups in Jammu and Kashmir, especially with those who eschew the path of violence. The All Party Hurriyat Conference, which has been wanting a special position in the discussions, is unlikely to receive it following its failure to continue the meeting with Central leaders. As far as their visit to Pakistan is concerned, the Hurriyat leaders have had the advantage of long meetings with the Pakistan Prime Minister, and Mirwaiz Omar Farooq has had the advantage of meeting no less than the Pakistan President himself in Amsterdam. The Mirwaiz also indicated that he was in the know of the Musharraf-plan pronounced by him during the Iftar reception at Islamabad.

The strategy announced by the Home Ministry also provides for the creation of employment opportunies by raising of additional India Reserve Battalions, and battalions of central police forces and the Army from remote and border areas of the State. The Security Forces will also be directed to conduct their operations in a humane manner and if there are aberration there would be prompt, expeditious and transparent enquiries. There would also be intense involvement of the media in the process of reconstruction.

In a significant statement made on November 29, the Chief Minister of the State, Mufti Mohammed Sayeed said that "India is the best guarantor of the State's identity." Inaugurating a seminar on the State's economy in Jammu, he said: " The state's accession to India was the best thing to have happened to Jammu and Kashmir.... Had we not acceded to India, our cultural, ethnic and linguistic identity would have been suppressed and submerged in the flood of Pakistan's monolithic way of life." One hopes there would be no impediments on the road to peace and economic development of the State. - (ADNI)