*Modi not aware of Art 370, state subject laws
Sanjeev Pargal
JAMMU, Feb 12: Chief Minister Omar Abdullah today announced constitution of an experts committee to go into the demands of left over areas for creation of new administrative units, which would submit its report to the Cabinet within three months.
Admitting that some genuine areas have been left out from creation of new units, Omar said his Government was not playing politics over it and would fulfill demands of the areas left uncovered.
“The experts committee would examine the claim of left out areas and give its report to the Cabinet within three months,” Omar said in his 70 minutes reply in the Assembly to Motion of Thanks on Governor’s Address, which was boycotted by the main Opposition party, the PDP, which along with all other Opposition parties had been agitating in the Assembly for past two days on creation of more administrative units on the ground that many areas in the State have been discriminated by the Government while announcing 659 administrative units recently.
Declaring that he would be back as the Chief Minister next year to give reply to Motion of Thanks on Governor’s Address, Omar took both PDP and BJP to task without naming them charging both the parties with having a “secret understanding” and said till NC-Congress flag was rising high in Jammu and Kashmir, no one can abrogate Article 370 of the Constitution of India granting special status to the State.
“This is my last address of present Government on Motion of Thanks to Governor Address in the Assembly,” he said but declared that he was confident that next year also he would deliver the same address in the Assembly. The Assembly elections are due in the State in November-December. This is last budget session of present dispensation.
He also targeted BJP Prime Ministerial candidate Narendra Modi (without naming him) for raking up the issue of Article 370 and linking it with state subject laws enacted by Maharaja Hari Singh prior to independence.
Announcing the setting up of committee, Omar said, “…All the Ministers felt it when we took this decision in the Cabinet that there were some genuine areas which had not being included because they may have not fallen within the norms of first committee or it did not come to the notice of Cabinet Sub Committee (CSC) headed by Deputy Chief Minister Tara Chand due to pressure of time.”
“There are aspirations and expectations of people who felt that their areas had not been included into the new units. I cannot take this decision alone because I do not know whether the demand is justified or not, but some areas which remained out of this list have definitely genuine claims,” Omar said.
Appreciating the Members of the Cabinet Sub-Committee led by the Deputy Chief Minister for visiting every nook and corner of the State and finalising the report regarding creation of new administrative units taking full consideration of the norms and other parameters, he said: “it is being felt that the genuine claims of a few areas which have not found place in the report need consideration to deliver justice to the people.”
He added that the aspirations of the people of these areas would be given due consideration by the committee of experts so that their genuine claims are looked into.
Without naming the PDP members, the Chief Minister said the principle Opposition party had developed the habit of speaking outside the Assembly and not listening to him in the House. “Had they some weightage in their allegations, they should have debated the issues here, criticised us and got the reply. But, they also preferred to speak inside and outside and then leave the House,” he regretted.
Invoking South African Archbishop Desmond Tutu, Omar quoted him : “don’t raise your voice, improve your arguments” and then said the Opposition had no arguments but only loud voice to raise. He said if the Opposition had something to speak, they didn’t need loud voice but they had decided to oppose every good work of the Government, which reflected in their Opposition to creation of new administrative units.
He claimed that the PDP had even opposed the decision of former Chief Minister Ghulam Nabi Azad in 2007, when it was coalition partner of the Congress, to create eight new districts in Jammu and Kashmir. However, he said, Mr Azad didn’t succumb to the pressure and went ahead with creation of eight new districts in the State.
Expressing dismay over the behaviour of the main Opposition PDP for disturbing the discipline and decorum of the Joint Session and compelling the Governor to shorten his speech, Omar said that the principal Opposition party is “habitual of creating pandemonium in the House as they do not tolerate the truth about the peace and development that has rooted fast in the State during the last five years and is amply visible on the ground.”
“It is most painful and shameful that the members of this party created an unpalatable and disturbing situation in the Joint Session of the two Houses and disturbed the address of the Governor,” he lamented.
“The Members of this party are in the wrong notion that their habit of noise making, furniture breaking and dancing on the tables in the Well of Houses earn them praises. People dislike and condemn this kind of attitude of their representatives because they have voted them to voice their demands in the Legislature and not to remain absent from the Houses and not discussing the issues of urgent public importance,” Omar said.
Asserting that his Government’s decision to create new administrative units has gone well with the people, Omar said initially his friends and analysts had too described the decision as “wrong” but after observing yesterday’s “drama by the PDP”, they have changed their assessment and were not describing the decision as the right one.
Pointing out that there was no politics in creation of new units, he added that the decision was aimed at reducing the gap between the Government and the people, make governance responsive and responsible and set-in a new system of accountability.
Calling PDP and BJP “propagandist parties,” Omar, without naming them, said both the parties are hobnobbing and hatching conspiracies against democratic forces in the State.
“PDP and BJP are propagandist parties fooling the people through misinformation and falsehood. They are hobnobbing secretly and hatching conspiracies against democratic forces in the State,” he said.
Omar also took a dig at PDP for remaining out of the proceedings of the House constantly and said this vindicates their failure and the success of coalition Government.
“Had there been any issue, they could have raised it and discussed in the House, but their remaining away from the House and not raising their voice for the people is a clear indication that they have nothing to say,” he said.
The Chief Minister said PDP is “frustrated” with the development graph showing conspicuous upward growth year after year and it wants to give a false notion by dubbing the normalcy and peace conditions in the State as “deceptive and forced calm”.
Omar also castigated BJP for carrying the false “bogey” of abrogation of Article 370 whenever elections draw near and sleep over the issue when in power.
Without naming BJP Prime Ministerial candidate Narendra Modi, he said a top leader of BJP had spoken about discussing the benefits of Article 370 when he had addressed a public rally in Jammu.
“I challenged him to discuss it with me at any place and any time but he, through a less important leader, denied discussing the issue at all,” he said.
Asserting that Jammu and Kashmir’s relation with India is very sensitive, Omar said Article 370 serves as bridge between the two.
“Surprisingly those dreaming to occupy big chairs in India don’t know the difference between Article 370 and state subject laws. The purchase of land in Jammu and Kashmir has nothing to do with Article 370 for which Nehru (Jawahar Lal), Patel (Sardar) and Sheikh Abdullah can’t be blamed.
“It was a decision taken by the Maharaja to prevent the influential and rich people of Punjab from purchasing land of poor people in Jammu prior to independence. We have preserved this decision and would continue to do so,” Omar said and declared that till NC-Congress flag was rising high in the State, no one can dare to abrogate Article 370.
Pointing towards Prof Chaman Lal Gupta, Omar said he and Prof Gupta were Ministers together in the NDA Government for three years but the BJP never talked of Article 370. “It is only when the elections are near that the BJP rakes up Article 370,” he said.
Without naming PDP and BJP, Omar alleged a tacit understanding between them saying there was no difference between our friends outside the House (the PDP) and those sitting inside (the House). “We know silent talks are on between them but both these parties won’t succeed in their designs,” he declared.
Omar questioned “silence” of Narendra Modi to his challenge of a debate on Article 370 and said those who want its abrogation have little knowledge about it and are “deceiving” people as polls are nearing.
“He (Modi) remained silent,” Omar said over his challenge to hold a debate on Article 370 “anytime, anywhere” he chooses to.
Omar claimed that the then Prime Minister Atal Bihari Vajpayee “never demanded” abrogation of Article 370.
“When there was time to abrogate Article 370 then you did not do it. Now that elections are being held, again you want to rake up the issue for vote bank politics– it is irony that Modi comes to Jammu and says hold a debate on Article 370,” Omar said.
“Big misunderstandings get created in the minds of people, particularly those whom we have more expectations. Those (Modi) who dream of sitting on the big chairs in the country, also do not have knowledge about Article 370, what is it,” Omar said
“It (Article 370) is a very sensitive relation between state of Jammu and Kashmir and rest of India, sensitive not because we are emotionally weak, not because we do not consider Jammu and Kashmir to be part of this country or considering ourselves lower than any other part of the country. Sensitive because of the relations of this State with the rest of the country through an act of Constitution– Article 370”, he added.
He said while Urban Local Bodies Act was almost at par with 74th amendment of the Constitution of India, the Cabinet has taken historic decision to include all provisions of 73rd amendment, which were beneficial for the State, in State Panchayati Raj Act to strengthen the Panchayats.
“The Cabinet has taken a historic decision on 73rd amendment. The bill is being prepared and will be before the House shortly,” he added.
Noting that the MLAs wanted to become chairpersons of the Block Development Councils (BDCs), the second tier of Panchayats and the Ministers as nominated chairman of District Development Boards, the Chief Minister said the Cabinet has unanimously decided that chairmen of the DDBs would come through election and there would be no nominations.
“This is participatory democracy,” he remarked.
Omar referred to the initiatives taken by his Government for good governance, bringing transparency and accountability in the functioning of administration.
“We have conducted Panchayat elections and empowered these institutions.
“The Cabinet has approved incorporation of the provisions of 73rd amendment into the Constitution of Jammu and Kashmir, which will enable to constitute Block Development Councils and District Development Planning Boards to be headed by elected representatives and not through the nomination process,” he said.
The Chief Minister said his government has taken positive and effective welfare measures for Kashmiri migrants.
He said his Government wanted to create a conducive atmosphere for Kashmiri Pandits in the Valley so that they would return on their own will.
He said a new rehabilitation package for Kashmiri migrants is being pursued at the Union Government level which would accommodate the requirements highlighted by the community.
Asserting that the migration of Kashmiri Pandits from the Valley was a `black slot”, Omar said it can’t be removed by reduced. “Though their (Kashmiri Pandits) migration was forcible, their return won’t be forcible. We would have to create conducive conditions for their return,” he said listing a number of welfare measures taken for them including 1500 jobs. He said 4000 more jobs were in the pipeline.
“We can’t force the migrants’ to return. I would be the last person to do so. The right to return vests with the migrants”.
Slamming PDP, he said its leaders considered it to be on losing side for not taking good decisions when it had the opportunity to do so.
“Since they have lost the argument, they run away from the House as has been their past practice,” he said.
Omar said PDP spreads false propaganda to belittle the achievements of the NC-Congress coalition Government and the commitment of people towards peace and development.
He said they want to give an impression as if the prisons of the state are full of prisoners and people are afraid and do not want to live normal lives.
The Chief Minister said only 2396 prisoners held for different offences are in prisons and added that only 30 persons, mostly timber smugglers, have been apprehended under the stringent PSA. He said the Government has withdrawn 228 cases against stone pelters involved in 2010 unrest, benefiting 1811 youth, who had joined stone pelting either due to situation or emotionally or forcibly.
“Our absent friend (the PDP) has been giving impression that there is “deceptive and forced calm”. The People are afraid and don’t want to come out. Lakhs of people are in jail, thousands have been booked under PSA, which is not true,” Omar said giving the figures of those in jails and booked under PSA.
Asking the Army to hold a fresh probe in Pathribal fake encounter, Omar said the State Government will proceed to the High Court in case it has to proceed through a writ petition to provide justice to people.
“In case we have to proceed through a writ petition in the High Court, we will surely do it. We are committed to ensuring justice to the people in these cases”, Omar told the assembly here this evening.
Omar was reacting to the closure of Pathribal fake encounter case by the army exonerating all the officers in it in January this year.
“But I have been told we can go for a writ in the High Court. I have already told Law Department and Advocate General in this direction to examine all aspects of the decision of the Army to close the case”, Omar said.
Taking a dig at the Army, he said: “if we say that those who were accused of it were not found responsible for it, then you should hold a fresh inquiry and then tell us who is responsible for it”.
“And as far as Pathribal case is concerned, if we say that we are not satisfied with the Pathribal case decision by the Army, it will not be wrong to say this”, he said.
The Chief Minister said: “five people were killed. There is no doubt of it. All the five were innocents, there is no doubt about it. If five people were killed and they were innocents, therefore somebody was responsible”, Omar said.
“Bullets were fired by somebody. They have not committed suicide. They have not gone to the graveyard and buried themselves. Somebody may have killed them”, he said.
Omar said: “if I accept even for a minute that those responsible for it, they did not found any evidences, then tell us who is responsible. You cannot brush these things under the carpet. You cannot hide. People will not accept it”.
“And as far as the decision to close this case is concerned, may be we cannot challenge it. But I have been told we can go for a writ in the High Court. I have already told Law Department and Advocate General in this direction to examine all aspects of the decision of the Army to close the case”.
Regarding militancy, he said “militancy has come down year after year during our rule. Despite this, there had been more deaths of security personnel last year than previous year. We salute their valour, dedication and bravery and their martyrdom. They have never not even once used force in the moment of anger, emotions or lost their temper”.
“Five jawans were killed in militant attack at bypass. They never fired back. Eight jawans were killed in Hyderpora and not even a single bullet was fired. Before that, a CRPF camp was attacked like this in Bemina, there was no retaliatory firing resorted by the forces”, he said.
Omar said “there were attacks in Samba and Kathua. Brave army men and policemen died and they replied back in discipline. There has been a total full stop put on the human rights violations but there are some old cases which pinches us”.
“we recognized the Army for the action they initiated in Machail case…They have proceeded further”, he said.
The Chief Minister appreciated security forces for not losing their calm even under challenging circumstances and not resorting to any retaliatory firing. He referred to an incident on Srinagar bypass where eight army persons were killed in a militancy attack, the incident of Bemina, Samba and Hiranagar in which Army jawans and police personnel were killed but the forces did not retaliate and saved innocent lives.
“I salute the security forces for this kind of restraint, he said and expected similar kind of high quality attitude by them during the times of challenge to save the innocent lives.
He said that under the new passport clearance policy his government gave No-Objection in 360,150 pending cases during the period 2010 to 2013.
Omar said he would take up with the Centre the laying of railway line to Rajouri, Poonch, Baramulla, Kupwara, Pahalgam, Shopian, Tangmarg and other areas of the State.
On the achievements and performance of the Government during the last five years, the Chief Minister said that about one lakh youth have been provided employment in the Government and private sectors while 70000 jobs have been put on fast track selection made. He said initiatives like UDAAN, HIMAYAT, SKWEPY etc are under successful implementation in the State to enhance the employability and expand employment orbit for unemployed youth of the State.
On Power generation, the Chief Minister said that as against the indigenous power projects of the capacity of 750 MWs established in the State since 1947 to 2009, his Government allotted power projects of the capacity of 1500 MWs in just five years. He said strong edifice has been laid to generate 9000 MWs of power in the State in next seven to eight years. He also mentioned the high potential for generation of solar energy available in the Ladakh region and said that an expert on the subject has told him “what is gulf for oil, Ladakh is for generation of solar energy”. He said all efforts are being made to give boost to the generation of solar energy in Ladakh and transmit power from this area through a new transmission line being installed between Leh to Srinagar.
Omar expressed gratitude to Prime Minister, Dr. Manmohan Singh and UPA Chairperson Sonia Gandhi for liberal financial help and support to the State Government to march ahead on road to progress and development and mentioned construction of 4-laning of National Highway, boring of tunnels at Nashri and Qazigund and launching rail service between Banihal and Baramulla.
The Chief Minister said that during the last five years about 8000 kilometres long new roads have been constructed, 15000 kilometres macadamized and 19000 kilometres upgraded besides completing 500 road projects and 265 bridges. He also mentioned the launch of flyovers in Srinagar and Jammu. He said completion of 4-lane National Highway from Jammu to Srinagar will reduce the travel between the two cities to 4 hours.
Omar said that over 1000 water supply schemes have been completed during the last five years besides the establishment of 10000 hand pumps and 200 water treatment plants. He said 5000 schools have been provided with protected drinking water facilities. He said about Rs. 1616 crore water usage charges have been collected from various power companies generating electricity from the rivers of Jammu and Kashmir.
He said that two Central Universities, 23 Degree Colleges, 18 Polytechnic Colleges and 6 Modern ITIs have been set up in the State during the last five years. He said 20000 ReTs have been regularized in this period.
The Chief Minister said that 26 new health institutions and two maternity hospitals were established in the State and 10000 doctors and paramedics were engaged to provide staff to the health institutions in rural and far-flung areas. He said the salaries and allowances of doctors have been enhanced under NRHM for serving in the rural areas.
He said One Number Ambulance Service is being introduced in the State soon adding that Jammu and Kashmir has shown remarkable improvement in almost all vital health parameters. However, he showed concern about the decline in sex ratio and appealed the members of the Legislature to play their role in making society aware of the fall out and consequences of female feticide.
The Chief Minister also mentioned increase in the tourist flow during the last five years and said that it has remained over 10 lakh in the Valley during 2012 and 2013. He said the number of pilgrims to Shri Mata Vaishno Devi shrine has also gone to one crore and those visiting Shri Amarnath in lakhs.
The Chief Minister also referred to the measures taken by his Government to improve the lot of farmers, horticulturists and artisans in the State. He said various packages have been provided to the agriculturists during the last five years. He said on the pattern of Kissan Cards 23000 Artisan Cards have been provided to artisans to develop their craft units and enhance economic conditions. He said 4000 modern carpet looms have been provided to poor carpet weavers and 4000 more are being provided this year free of cost.
The Chief Minister said that his Government has taken positive and effective welfare measures for Kashmiri Migrants. He said his Government wants to create conducive and palatable atmosphere for Kashmiri Pandits in the Valley so that they would return on their own will. He said 1500 jobs have been given to KP youth in the Valley and 4000 jobs are in offing for them. He said that a new rehabilitation package for the rehabilitation of Kashmiri Migrants is being pursued at the Union Government level which would accommodate the requirements highlighted by the community.
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