NC joins Hurriyat's dharna on HR abuse
Mirwaiz to Delhi: rein in forces or face us on streets

From Aijaz Hussain

SRINAGAR, Dec 7: With the mainstream National Conference (NC) joining the separatist umbrella Hurriyat Conference's protest against the "increasing human rights abuse by the security forces", Mirwaiz Omar Farooq today warned New Delhi to face a "movement on the streets" in case the Government failed to rein in its armed forces in Jammu and Kashmir. The Hurriyat faction led by Mirwaiz, held a sit-in and token hunger strike on a public park near Tourist Reception Centre (TRC).

Amid tight security the separatist conglomerate leadership including its top brass, Mirwaiz Omar Farooq, Moulana Abbas Ansari, Prof Abdul Gani Bhat and Bilal Gani Lone reached the venue late morning to observe a token hunger strike against the worsening human rights situation in Jammu and Kashmir. The Hurriyat soon found mainstream National Conference on its side with the party's lone activist, Ghulam Mohammed Sofi showing up outside the hunger strike tent to join them.

Soon there was a commotion in the Hurriyat rank and file with many of them shouting at the NC activist. "First accept that Kashmir is a disputed territory and then come to join the hunger strike."

It was left to the Mirwaiz Hurriyat's chief spokesman, Prof Abdul Gani Bhat, who calmed nerves and allowed the lone activist to come and sit alongside the separatist leaders for the hunger strike. Later on, four more NC middle rung leaders, Irfan Ahmed Shah, sitting MLC Shamima Firdous, Omar Abdullah's close comrade Nasir Sogami and Sheikh Ghulam Ahmed Saloora also joined the hunger strike. Except for Sofi, the NC activists did not stay for the hunger strike for whole day but joined it only symbolically.

"Protection of human rights is a common cause for all of us. Its meaning is also same for all of us. On the instructions of our party chief patron, Dr Farooq Abdullah, we have joined this hunger strike to show our party's concern for the abuse of human rights here," the NC's provincial president of Women's Wing and sitting MLC, Shamima Firdous told reporters at the venue. When asked human rights violations were "rampant" during the NC's rule as well, she replied: "Well, I agree violation (of human rights) took place during our period as well but we used to raise our voices against it in the Legislative Assembly as well as Council. Present Government is doing nothing to protect human rights."

In his 20-minute speech, the Hurriyat chairman, Mirwaiz warned New Delhi to "rein in" its troops in the State or face the public on the streets. "Wanton atrocities are on in Kashmir at the hands of Indian security forces. On one side, India is trumpeting troops' reduction in Jammu and Kashmir, and on the other side its armed forces are engaged in unprecedented human rights violations," Mirwaiz said. In the same breath, the young separatist leader asserted: "Talks and human rights' violations can't go hand in hand… We warn New Delhi that if there is no visible change on ground we would be left with no other option than to come out on the streets in the length and breadth of the State to protest these abuses."

Mirwaiz pointed out that his faction of Hurriyat had not slammed its doors for the talks on Kashmir. According to him, bilateralism in all forms vis-à-vis resolution of the Kashmir issue had failed and opined that the vexed Kashmir tangle could be solved only by involving all the parties. "The catchword has to be flexibility. I mean all the parties have to show flexibility. Pakistan has shown ample flexibility and let India also show it," he elaborated.

Emphasising the need for Hurriyat's unity, he observed that Kashmir's resolution would not be possible if the separatist leadership would not unite. "If we won't unite we won't be able to force a solution. There has to be a vision to move forward," he said. Added he: "I again invite all, especially Mr Geelani, Mr Yasin Malik and Mr Shabir Shah to join hands as our movement has entered into a crucial phase and fight together against India."

The conglomerate's chief spokesman, Prof Bhat told the gathering that their token hunger strike was a political decision. "This is a non-traditional strike and a political decision to convey to the world that we are a people not to be cowed down by any kind of oppression."

Prof Bhat said that Kashmiris were being subjected to "untold atrocities by Indian security forces since 1947". "We have been facing unprecedented atrocities at the hands of Indian security forces since 1947. But after the visits of Indian Home Minister and Prime Minister to the Valley, the nature and structure of suppression has changed. Now, Army, on the pretext of searches, enters an area and commits rape and kills hapless civilians… Let's be very specific, we are not going to tolerate this all," he said.

Added the former chairman of the undivided Hurriyat: "Army has created a situation here. Whenever there are talks about peace and Kashmir's resolution, they try to sabotage it by one way or the other… Army authorities should know that Kashmir is not to be decided by them but by Kashmiris."

He announced that Hurriyat was ready to embrace all and sundry, including mainstream politicians, if they came forward above politics and accepted Kashmir as disputed territory. "Let Mr Farooq (NC chief patron) come forward, let Mr Mufti (Chief Minister) quit his chair and come forward, let Communist leader Mr Tarigami come forward for one cause. Not to ask for independence or for accession with either India or Pakistan but for Kashmir and to ask the two neighbouring countries to resolve the Kashmir issue with Kashmiris as principle party," he asserted.

Other leaders who spoke on the occasion included Moulana Abbas Ansari, Bilal Gani Lone, Fazl Haque Qureshi and advocate Nazir Ahmed Ronga. The token hunger strike concluded at around 1600 hrs.

Pak Punjab CM for relaxing visa restriction

GURGAON, Dec 7: Chief Minister of Pakistan’s Punjab province Parvez Elahi today stressed the need for relaxing visa restrictions between India and Pakistan, saying the increasing people-to-people interaction between the two countries would strengthen the bilateral relations.

Speaking at a function organised in his honour here, Mr Elahi expressed the hope that the "peace initiative" taken by the people would surpass the efforts being made by the Governments of the two countries.

"Lagta Hai Hakumaten Peechhe Rah Jayengi Aur Log Aage Nikal Jayenge, (it seems the Governments will lag behind and the people will surpass them),"he quipped.

Mr Elahi expressed the view that the difficult phase between the two countries was over and he was confident that the process of peace and friendship would culminate in eternal peace. He also expressed the hope that the earlier phase when the two countries were engaged in a "competition of a different kind" would now be irreversibly replaced by the competition among the sportsmen to win glory in the playground and in the area of love and affection.

As greater issues concerning the well-being of the people on both sides of the border need to be addressed urgently, it was imperative for political leadership of the two countries to come together and work for the common goal, he added.

Mr Elahi said Haryana and Pakistan could share their experiences in agriculture to usher a new era of prosperity. He said he was highly impressed to see the tremendous progress in all spheres of development made by the state.

He said during his meeting with Indian Prime Minister Manmohan Singh, he had urged him that a bus service be started between Amritsar and Lahore.

Earlier, while welcoming Mr Elahi, Haryana Chief Minister Om Prakash Chautala said that as the people of India and Pakistan had the same language, same culture and similar traditions, there should be no visa restrictions on the people of the two countries. Mr Chautala suggested that India and Pakistan take up "developmental strides" in the sub-continent in collaboration with each other.

"Even the most developed countries were approaching India and Pakistan considering them as markets with high potential," he added.

Recalling his recent visit to Pakistan, Mr Chautala said it would remain an unforgettable experience of his life, especially for the warm and rousing reception he received there.

Mr Chautala gifted an escorts tractor to Mr Elahi. He said he would also be gifting a murrah buffalo to the Pakistani dignitary.

A colourful cultural programme was also presented on the occasion. (UNI)

No objection to Hurriyat leaders' Pak visit: Patil

NEW DELHI, Dec 7: The Government today announced in the Lok Sabha that it had no objection , if Hurriyat leaders wanted to go to Pakistan for discussions as proposed by them early this year.

"Let them apply and the Government will consider their application," Home Minister Shivraj Patil informed the Lok Sabha while replying to a specific question of Ms Mehbooba Mufti.

The NDA Government, after two rounds of discussions with Hurriyat leaders early this year, had apparently given signals to the Hurriyat leaders to visit Pak-occupied Kashmir for consultations.

However, the visit could not materialise because the UPA Government took over in May.

Mr Patil said that militancy in the State had declined significantly and infiltration had come down by 60 percent, with terrorism-related incidents going down to around 50 percent, as compared to 2002.

Replying to supplimentaries, the minister said the ground situation in Kashmir has improved significantly and terrorism-related incidents, which was averaged 11 every day in 2002, had come down to 9 in 2003 and only six in 2004.

"Even killings of security force personnel, civilians and terrorists had come down,"the minister said and added that Government was ready to talk any group in Kashmir which abjures violence.

Mr Patil said the Government has taken an initiative to undertake developmental activities in the State and accordingly a Rs 24,000 crore package for the State was announced by Prime Minister Manmohan Singh during his recent visit to the State.

Replying to a question from Mr Omar Abdullah that fake surrenders were taking place on the assurance by the State authorities that they would give plots and Government jobs to unemployed youth, the minister said he will seek a report from the State Government and take action accordingly.

He said political parties should desist from stating to the public that the grants from Central Government is a ‘pittance’.

"The money given by the Central Government also belongs to the people of Jammu and Kashmir and you (Kashmiri people) also have the right on it,"the minister said.

Mr Patil said the Central Government was committed to carry forward dialogue with all groups, and those with different shades of opinion in Jammu and Kashmir, on a sustained basis. The Government also held two rounds of talks with the All Party Hurriyat Conference led by Maulvi Abbas Ansari.

"Thereafter, discussions have been held at the level of the Government of India’s interlocutor and, later, the Home Minister with a wide cross section of society in J and K and, more importantly, the elected representatives of political parties, representatives of trade, industry, commerce, social and intellectual groups and academicians and voluntary agencies. , Mr Patil said.(UNI)

HC quashes two backdoor appointments in SKICC

Excelsior Legal Correspondent

JAMMU, Dec 7: In a landmark judgment, Justice VK Jhanji of the State High Court has quashed the backdoor appointments of two employees posted in Sher-e-Kashmir International Conference Centre ( SKICC) Srinagar.

The two employees ——Shah Nawaz Ahmad of Ashumuqam and Arshad Hussain of Salar Anantnag were appointed as Research Officer and Conference Coordinator in the pay scale of Rs 7450-11500 and Rs 6700-10700 respectively.

While quashing these two appointments, Justice Jhanji observed that the manner in which these appointments were made, shows that the same were not made on merit but on extraneous considerations. "These appointments being violative of Article 14 and 16 of the Constitution are thus liable to be quashed", the Court held, while directing the respondent-State to initiate process of selection against these posts and conclude the same within six months.

Justice Jhanji directed that till the selection process is over, the private respondents shall be permitted to continue against the post held by them. "They would, however, be entitled to compete with others in the fresh selection process against these posts pursuant to the advertisement notice which would be issued in this regard by the competent authority", the court ruled.

It was pointed that in case private respondents (Shah Nawaz and Arshad) have become overage, then the condition of age would be relaxed in their favour. In case they fail to get themselves selected, they will make way for fresh selectees, it was further held.

This judgment was passed in two petitions filed by Farooq Ahmad and Dalip Kumar, wherein they challenged the appointments of Shah Nawaz and Arshad, on the grounds that the same were made illegally without following rules and regulations.

While quashing the appointments, Justice Jhanji observed that the recruitment is a process by which an eligible person is appointed to the public post. " It involves determining the source of recruitment, laying down the qualification for recruitment, inviting applications from eligible candidates and making selection from amongst the applicants".

The Court maintained that in the present case, the appointments of Shah Nawaz and Arshad were made without laying down the qualification, as neither the posts were advertised, nor all eligible candidates allowed to compete against these posts. " Article 14 and Article 16 of the Constitution of India guarantees right to every eligible citizen of the country to seek consideration for appointments under the State or instrumentality of the State", the Justice further held.

Militants holed up at PDP leader’s home in Baramulla
CRPF SI killed at Sajjad Lone’s house

Excelsior Special Correspondent

SRINAGAR, Dec 7: While as two Pakistani militants have got trapped at a PDP leader’s house in Baramulla, a Sub Inspector of Central Reserve Police Force (CRPF) got killed in a shootout at the residence of the Peoples Conference chairman Sajjad Lone in Rawalpora outskirts of this Capital city.

Informed sources told the EXCELSIOR that a Sub Inspector of CRPF, Prem Shankar, got killed in a mysterious shootout at the residence of the PC chairman, Sajjad Lone, at Rawalpora, in Srinagar outskirts late tonight. One version put it as a "misfire" from a colleague’s gun but other reports described the shootout as yet another incident of one paramilitary killing the other in a tiff. Officials said that a team of the Police and CRPF personnel had rushed to the spot and its report was still awaited.

The adjoining houses of the slain PC supremo Abdul Gani Lone’s sons, Sajjad and Bilal Lone, are guarded by the CRPF. Reports said that the SI killed in the shootout was the head of the guard personnel.

Sources said that two unidentified militants, believed to be Pakistani cadres of Lashkar-e-Toiba, barged into the house of the ruling Peoples Democratic Party’s Baramulla Zonal president, Wajahat Hussain, at Kanispora in the outskirts of Baramulla town last evening. They appeared at the premises immediately after the PDP leader’s wife and mother-in-law returned from Kupwara to their home. For his good luck, the PDP leader had stayed put at one of his relative’s residence in Kupwara.

The militants, both armed, revealed that they wanted a meeting with Mr Wajahat. The womenfolk replied that he had gone to attend a religious function as one of his relatives had passed away a few days back. Thereupon, the militants said that they would wait for the house-owner. In the morning today, Wajahat Hussain called his wife on telephone and told her that he would be returning by this afternoon. She replied that he need not get worried about anything and return leisurely.

The PDP leader, who happens to be a retired Dy SP of JKAP, sensed something amiss. As a number of his phone calls were not attended by anybody at home, he contacted friends and relatives to know if anything was wrong at his house. In this process, Police learned that there was apparently something wrong at the PDP leader’s home. It learned through its sources that two militants had occupied the house. Troops of RR 22 Bn of Sector-10 laid siege to the house and managed the rescue of Wajahat’s wife, mother-in-law and a maid. However, the militants didn’t let Wajahat’s father-in-law, Ghulam Mohammad Khan of Bemina, who is a retired engineer, to leave the house. Late tonight, he too managed to come out the house.

DIG north Kashmir, Raja Aijaz Ali, told the EXCELSIOR that Police and Army had tightened the cordon around the house. He, however, said late tonight that Wajahat’s father-in-law was still holed up. He said that troops would launch the assault only when the 65-year-old civilian could be rescued. DIG confirmed that the PDP leader had been taken into protective custody by Police after learning that militants were waiting for him at Kanispora. He said every apprehension was that the militants would have arrived in to eliminate the mainstream politician. The PDP leader also happens to be a close associate of the Minister of Finance and MLA Baramulla, Muzaffar Hussain Baig, whose public meeting he had attended before leaving for Kupwara the other day.

Sources said that, troops were trying to get the militant duo out without firing. According to these sources, troops would destroy the house to kill the militants if they did not respond to the Army calling positively.

14,000 new jobs for J&K

NEW DELHI, Dec 7: As many as "14,000 new jobs" were announced by the Government today as a follow up to Prime Minister Manmohan Singh’s assurance during his visit to Jammu and Kashmir— more than 13,000 of them honorary to be "paid an honorarium."

An announcement said the Women and Child Development Department has sanctioned 19 additional integrated child development services projects and 6,817 Anganwadi centres for Jammu and Kashmir.

"Together these will generate nearly 14,000 new jobs in the State, especially for women," the announcement said.

It said the Prime Minister’s office "has urged the State Government to draw up an action plan and ensure that the required staff and helpers be recruited, trained and put into position at the earliest and the required equipment also be procured at the earliest".

"Each Anganwadi centre will have one worker and one helper who will be honorary workers from the local community and will be paid an honorarium for their services," it said.

The programme, aimed at aiding Child Development and Maternal Care, is part of the development and reconstruction plan for Jammu and Kashmir announced during the Prime Minister’s recent visit to the State, the announcement said.

A similar announcement yesterday said that 13,982 posts and staff were sanctioned for 19 ICDs projects and 6,817 Anganwadi centres. A spokesman explained that bulk of the posts are honorary. (UNI)

Kalam to visit J&K today

SRINAGAR, Dec 7: President A P J Abdul Kalam is arriving on a day-long tour of Jammu and Kashmir tomorrow, a defence spokesman said here today.

Kalam, accompanied by Chief of the Army Staff N C Vij, is scheduled to address the troops in frontier district of Kargil and interact with school children of Srinagar during his visit to the State, the spokesman said.

The President will also inaugurate the Ibadat-e-Shahadat museum at Badamibagh Cantonment here, he said. (PTI)

HC quashes Mufti's nomination of Haj officials

SRINAGAR, Dec 7: The State High Court today quashed the nomination of 24 people as Khadim-ul-Hujaj, liaison officials accompanying Haj pilgrims to Mecca, and directed the Government to make fresh selection through draw of lots in a transparent manner as a "one-time relaxation".

Questioning the competence of Chief Minister Mufti Mohd Sayeed to select the officials, Justice N A Kakroo said according to the guidelines, the State Haj Committee has been empowered to make selection of Khadam-ul-Hujaj.

"The selection has been solely made by the Chief Minister and in the process, at no point of time, the Haj Committee was associated with the same," Justice Kakroo said delivering the judgment in the jam-packed Court today.

Quoting Government records, Justice Kakroo said most of those selected were not considered by the Revenue Department and those not recommended were selected. Most of them had not even applied, he added.

While quashing the impugned order, the Court has taken note of the fact that the pilgrims are scheduled to leave for Haj from Dec 13 and due to paucity of time and by way of one time relaxation, it has permitted the State Government to make the selection.

The selection has to be made out of those who have already applied and are eligible in terms of the guidelines by way of draw of lots through a transparent mode. (PTI)

Situation improving in J&K: Vij

MHOW (MP), Dec 7: The situation in Jammu and Kashmir has improved with terrorist activities having been brought under control, though not eliminated, Chief of Army Staff Gen N C Vij said today.

"There is a lot of improvement in the situation in Kashmir valley as compared to last one year or six months. The terrorist activities too have been brought under control though not yet eliminated," General Vij told reporters after laying the foundation stone of the Army’s shooting range here.

Denying that there was an escalation in violence in the Valley after the reduction of troops, the General said troops were withdrawn keeping in mind the country’s security perspective.

"Barring few incidents of violence which are nothing in comparison to last year, the situation in the Valley has improved," he said.

The cross-border infiltration has been checked despite their (enemy’s) constant efforts to inflitrate, he said, adding the occurence of one or two incidents are natural. "After all it is a battle ground and not a playground," the general said.

"There is a state-sponsored terrorism in Kashmir and it is difficult to stop it completely. Despite that terrorism has been effectively checked though not eliminated totally. Still, the Army is ensuring that no untoward incident takes place there," he said. (PTI)

HC seeks reply from Home Secy, BSF DG on fake encounter

NEW DELHI, Dec 7: The Delhi High Court today asked the Union Home Secretary and BSF Director General to respond to a constable’s plea for a CBI probe into the alleged killing of a Kashmiri youth in a fake encounter by a commandant of the force.

A division bench of Justice M K Sharma and Justice Gita Mittal directed the respondents to file their replies within four weeks and posted the matter for further hearing on February nine next year.

The court also asked the BSF to produce all the relevant records relating to the case before it on the next date of hearing.

The directions came on a petition filed by constable Subhash Rathod of Jammu and Kashmir-based BSF’s 42nd battalion who accused his commandant Narender Singh of killing a youth in the intervening night of November 7-8 last year.

Singh, now suspended, had even tried to get an award for the fake encounter but his claim was rejected by the BSF authorities, Rathod alleged in his petition filed through counsel B K Kulshrestha.

The court asked Rathod to implead Singh as a party to the petition.

The petitioner, who demanded protection of his life from the "conspiracies of the suspended commandant", submitted that "a CBI inquiry is the only way to elicit the truth".

Accusing the commandant of harassing him for having opened his mouth against the incident, the petitioner alleged that Singh even attempted to kill him in a bunker in February this year.

BSF chief Ajai Raj Sharma had ordered a court of inquiry against Singh and he was transferred to Mizoram in July, 2004.

The commandant was later suspended, Rathod said adding he was still being hounded as the officer had politicial connections. (PTI)

Left for right to strike

NEW DELHI, Dec 7: In the wake of a series of judicial interventions, the Left parties will urge the Government for bringing a constitutional amendment making the right to strike a constitutional right.

The Left parties, extending crucial outside support to the UPA Government, will also call for a national debate on the circumstances under which political parties and organisations should exercise the right to strike, CPI(M) leader in the Rajya Sabha Nilotpal Basu today said.

"We will urge the Government for a constitutional amendment to make the people’s right to strike a constitutional right. The amendment should also clearly demarcate the areas of the legislature, judiciary and executive for intervention," he told a press conference.

Observing that the opinion that the right to strike should be abrogated was against people’s right to express dissent, Mr Basu said such a measure was never acceptable "unless the reasons for dissent are removed".

The Left move follows a number of court orders, including a Supreme Court verdict last year, which had declared strikes as illegal. Last week, the Calcutta High Court also put a bar on a Trinamool Congress-sponsored Bengal bandh which was opposed by the Left Front Government.

However, despite political rivalry, leaders of both Left parties and the Trinamool Congress were unanimous in favour of the right to strike.

Asked to clarify his party’s stand on a recent remark against strikes by West Bengal Chief Minister Buddhadeb Bhattacharjee, Mr Basu denied that the former had advocated for removal of the right.

Citing the example of a court verdict that led to termination of service of a large number of Government employees, he said it was often that judicial orders were handed out encroaching on the areas of the executive while legislatures also took up for discussion issues which were under the purview of the judiciary.

"Under these circumstances, there is a need for transparency in the areas of exercise of the three main pillars of democracy so that they do not overlap in the areas of one another," he said. (UNI)

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