*CM intervenes to include all provisions

Mohinder Verma

JAMMU, Feb 8: In a significant development aimed at empowerment of democratic institutions, State Cabinet today gave nod to the incorporation of all the major provisions of 73rd Amendment in the Jammu and Kashmir Panchayati Raj Act and a Bill in this regard would be tabled in the State Legislature during the Budget Session beginning from February 10. The Cabinet also approved introduction of bill seeking establishment of institution of Ombudsman for Panchayats.
Though during the deliberations over the 73rd Amendment arguments were witnessed between the Congress Ministers and some of their colleagues from the National Conference yet due to the intervention of Chief Minister, Omar Abdullah the consensus finally arrived at between the two coalition partners about incorporation of all the provisions of 73rd Amendment in the State Panchayati Raj Act.
Mr Abdullah, who is the strong votary of strengthening democratic institutions, while intervening during the arguments between the Congress and National Conference Ministers, stated that incorporation of all the provisions of 73rd Amendment would ultimately help in achieving the goal of empowering the people, which is the basic spirit of democracy.
Sources told EXCELSIOR that when the draft bill seeking incorporation of certain provisions of 73rd Amendment in the Jammu and Kashmir Panchayati Raj Act came up for hearing, all the Congress Ministers in one voice stressed that instead of certain, all the provisions of 73rd Amendment should be incorporated so as to empower the democratic institutions and the people.
However, they were opposed by some senior National Conference Ministers, who stated that only those provisions should be cleared by the Cabinet on which the consensus has already been reached between the coalition partners after hectic discussions at different forums, sources said, adding “this led to arguments with Congress Ministers, who had a detailed discussion shortly before the Cabinet meeting, making it clear that they would not budge from their stand of incorporating all the provisions of 73rd Amendment”.
Chief Minister, who has always stated that fully empowered Panchayati Raj System in Jammu and Kashmir was his dream, intervened during the arguments and said, “there is no harm in incorporating all the provisions of 73rd Amendment in order to empower the people. The essence of democracy lies in empowering people to draw blueprints of development”.
Following Chief Minister’s intervention the arguments came to an end and Cabinet unanimously decided to table bill in the State Legislature during the forthcoming Budget Session for incorporation of all the provisions of 73rd Amendment to J&K Panchayati Raj Act, sources said.
Now, with this significant decision, the Chairman of the District Planning and Development Board, which is the main spirit of 73rd Amendment, will be elected as against the existing practice whereby Minister is nominated as Chairman of the District Development Board by the Government.
The Chairman of the District Planning and Development Board (Zila Parishad) will be elected by the Electoral College comprising Chairmen of the Block Development Councils, MLAs/MLCs from the concerned districts, presidents of Municipal Councils/Committees etc. Similarly, the Chairman of the Block Development Council will be elected by the Sarpanchs and Panchs of the concerned block.
Similarly, there will be separate Election Commission and Finance Commission for the Panchayati Raj System and reservation to the women, SCs and STs in all the three tiers. At present, there is reservation to the women, SCs and STs only in the Panchayats, sources said, adding the reservation in respect of the SC and ST categories will be to the extent of their population in specific constituency and to the extent of 33% for the women.
The amendment also provides for reduction in the age of candidates for contesting elections for the positions of Panchs and Sarpanchs from 25 years to 21 years, sources informed.
Among the other main provisions of 73rd Amendment, which will also be incorporated in the State Act include grant of constitutional guarantee to Panchayats on completion of five years term followed by elections after every five years, financial and administrative powers including control over development and 14 identified departments, security to Panchayat members, emoluments to Panchayat members and to BDC and DDPB.
The provisions pertaining to removal of Sarpanch, membership of Marketing Societies, status of Chairmen of BDC and financial powers of Panchayats etc would also be incorporated in the State Panchayati Raj Act.
It is pertinent to mention here that Rahul Gandhi, Vice-President of All India Congress Committee, AICC Incharge Jammu and Kashmir, Ambika Soni, Union Minister for Health and Family Welfare, Ghulam Nabi Azad and Jammu and Kashmir Pradesh Congress Committee chief, Prof Saif-ud-Din Soz had a number of times stressed that 73rd Amendment should be extended to Jammu and Kashmir in totality in order to empower the people in real sense.
The decision on 73rd Amendment was pending since long because of difference of opinion on several provisions including elected Chairman of the District Planning and Development Board and consensus on several points was reached between them after series of meetings and discussions in the Coordination Committee. Finally, both the parties have arrived at consensus today on all the major provisions, which will go a long way in empowering the people.
The Cabinet also gave nod to the introduction of Bill seeking establishment of institution of Ombudsman for Panchayats.
“Since the State Government has devolved powers of 14 departments to the Panchayats, the possibility of Panchayats not performing their functions either strictly as per the Panchayati Raj Act or indulging in certain practices detrimental to the public interest cannot be ruled out”, sources said, adding “there is a need to have an institutional mechanism for the purpose of investigating charges of corruption and maladministration in the Panchayati Raj Institutions so that transparency and accountability is ensured in these institutions and Ombudsman would meet this requirement”.
“The institution of Ombudsman is further important for attracting grants under General Performance Grant of 13th Finance Commission”, sources said while disclosing that State Government has not been able to assess the performance grant of Rs 363 crore already allotted in absence of the institution of Ombudsman.

Excelsior Correspondent

JAMMU, Feb 8: State Cabinet, which met under the chairmanship of Chief Minister, Omar Abdullah this evening, ordered transfers and postings in the civil administration and promotions in the State Police and Prosecution/Telecommunication Wings.
As reported exclusively by EXCELSIOR, Cabinet ordered promotion of IPS officers of 1984 batch namely K Rajendra and P L Gupta to the grade of DGP with effect from January 1, 2014.
The Cabinet also approved promotion of IPS officer, Lalatendu Mohanti to the Higher Administrative Grade of Additional Director General of Police on proforma basis with effect from January 1, 2014.
It also accorded sanction to the promotion of IPS officers of 1996 batch namely Mukesh Singh, Manish Kishore Sinha (on proforma basis), Sunil Kumar and Danesh Rana to the Super Time Scale (II) – IGP with effect from January 1, 2014.
The promotion of IPS officers of 2000 batch, Swayam Parkash Pani, Basant Kumar Rath, Ghulam Hassan Bhat, Khifayat Haider to the Super Time Scale (I)-DIG with effect from January 1, 2014 also received the approval of Cabinet.
The Cabinet also accorded sanction to the promotion of IPS officers of 2010 batch, Rayees Mohammad Bhat, Pande Raju Omparkash, Shridar Patil and Mansih Agrawal to the Senior Time Scale of IPS.
The Cabinet further approved promotion of Hilal Ahmed, SSP (Telecommunication) as Director Police Telecommunication and Joint Directors, Prosecution (Incharge Directors Prosecution), Mushtaq Ahmed Pandit with effect from 08-02-2013 to 30-06-2013 and Mukhtar Ahmed Shah with effect from 08-02-2013 as Directors Prosecution.
Baseer Ahmad Khan, Deputy Commissioner, Kishtwar, has been transferred and posted as Secretary to the Government, Consumer Affairs and Public Distribution Department, against an available vacancy.
Saleem Mohammad, awaiting orders of adjustment in the General Administration Department, has been transferred and posted as Director, Rural Sanitation, J&K, against an available vacancy.
Saugat Biswas, Managing Director, J&K Medical Supplies Corporation, has been transferred and posted as Deputy Commissioner, Anantnag, vice Farooq Ahmad Lone. Sheetal Nanda, Additional Secretary to the Government, Power Development Department, has been transferred and posted as Managing Director, J&K Medical Supplies Corporation, vice Saugat Biswas.
Shah Faesal, Assistant Commissioner Revenue, Pulwama, upon being promoted to the senior time scale of IAS,  has been transferred and posted as Deputy Commissioner, Bandipora vice Mohammad Yousuf Zargar.
Kumar Rajeev Ranjan, Sub-Divisional Magistrate, Nubra, has been transferred and posted as Executive Director, Communication and Capacity Development Unit, PHE and I&FC Department,  relieving Bharti Vaid of the additional charge of the post. Tasneem Maajid, Director, Public Relations, KBI, New Delhi, has been transferred and posted as Special Secretary to the Government, Power Development Department.
Ghulam Ahmad Khwaja, Deputy Commissioner, Baramulla, has been transferred and posted as Special Secretary to the Government, Agriculture Production Department. Mohammad Javed Khan, Director, Industries and Commerce, Kashmir, has been transferred and posted as Deputy Commissioner, Kishtwar, vice Baseer Ahmad Khan.
Farooq Ahmad Lone, Deputy Commissioner, Anantnag, has been transferred and posted as Deputy Commissioner, Baramulla, vice Ghulam Ahmad Khwaja. Mohammad Yousuf Zargar, Deputy Commissioner, Bandipore, has been transferred and posted as Special Secretary to the Government, Social Welfare Department. Nazim Zai Khan, Additional District Development Commissioner, Srinagar, has been transferred and posted as Director, Industries and Commerce, Kashmir, vice Mohammad Javed Khan.
Majid Khalil Ahmad Drabu, Member, Services Selection Board, has been transferred and posted as Additional Secretary to the Government, Department of Tourism and Culture. Abdul Salam Mir, OSD with the Minister of State for Animal and Sheep Husbandry, has been transferred and posted as Member, Services Selection Board. R S Sodhi, Director, Fire and Emergency Services has been transferred and posted as Secretary (Technical) in the Home Department.
G A Sofi, Director, State Motor Garages, will hold the charge of the post of Joint Transport Commissioner, in addition to his own duties, till further orders. Nasreen Khan, Incharge Director, Archives, Archaeology and Museums, has been transferred and will await further orders in the Department of Tourism and Culture. Secretary to the Government, Department of Tourism and Culture, will hold the charge of the post of Director, Archives, Archaeology and Museums, J&K, in addition to his own duties, till further orders.

Nishikant Khajuria

KATRA, Feb 8: Amidst controversy over constitutional validity of Delhi Government’s move on Janlokpal Bill, the Vice-president Mohammad Hamid Ansari today pitched for a balancing act to ensure separation of powers between three pillars of Government and constituent units of the Federation.
“If followed in letter and spirit, the Constitution has answer to almost all the vexing questions confronting our nation today,” he said while addressing in the 4th Convocation of Shri Mata Vaishno Devi University, here today in presence of Governor N N Vohra, Chief Minister Omar Abdullah and Union Minister Dr Farooq Abdullah.
Maintaining that the Constitution provides an effective legal framework for the smooth functioning of India’s large and complex democracy, Mr Ansari said polity and society in the country has to be governed by the principles of democracy, secularism and rule of law along with the ideals of justice, liberty, equality and fraternity embedded in the Constitution.
Describing Indian Constitution as a document powerful in its vision and intricate in its formulation on the basic purpose and aspirations of our society, he stressed that it is Constitution that provides a functional framework for the attainment of greater good of the country.
“It (Constitution) provides the contours of a value system from which an enlightened citizenry could derive guidance. Especially from the principles listed in its Preamble, in the section on fundamental Rights and Fundamental Duties,” he said.
“The Constitution of India is the fundamental law of the land and the foundation on which our Republic rests. It is a constitutive document which recognizes and created an identity, articulating a vision of what it means to be an Indian,” he added.
The Vice-President   also stressed the need for reconciling the limits of Government powers with individual rights and duties.
Exhorting the students to keep learning and pursue excellence, he also cautioned them against the risk of underestimating the importance of social and ethical content in education. “Education has to play a critical role in imparting these values and turning out more responsible citizens of tomorrow,” he said and congratulated the pass-outs of SMVDU.
Mr Ansari also said that creating a responsible citizenry is a task which can not be left only to the Government but needs to begin at the school level with the cooperation and support of parents, guardians and the wider community.
Earlier, Governor N N Vohra, who is also Chancellor of SMVDU and presided over the convocation,   observed that to secure maximum advantage of the demographic dividend there is urgent need for equipping our youth with sound knowledge and skills so that they could contribute in a big way towards the economic advancement of the country.
“By the year 2020 two-third population of our country will comprise persons of an average age of 29 years and this vast human resource can be a great opportunity and make a very large difference in addressing varied challenges and placing the country on the path of rapid economic development,” he said.
Recalling the aims and objectives of establishment of SMVDU, the Governor said that quality research in the new and emerging areas with a sharp focus on innovations can lead to sustained economic growth.
He observed that the University set up in the shadow of Shri Mata Vaishno Devi Shrine aims at achieving excellence in teaching and research along with nurturing sound moral, ethical and spiritual values among the students. These factors, he said, are very important for holistic development of youth and to keep them in better stead in the present and emerging job market, besides making them valuable members of the society.
He said that infrastructure of SMVDU is being further expanded and new courses in sync with job market requirements are being introduced so that this University could become a centre of excellence and a sought after institution within the country and abroad.
Chief Minister Omar Abdullah, in his address, said that universities and centers of learning which have an innovative and vigorous spirit can take Jammu and Kashmir to new heights.
He asked the passing out graduates and post-graduates to be fully prepared to face challenges and bring laurels to all they belong.  “You have been fully imparted education and skills and you have to prove your caliber and mettle to shine-bright your parents, your Institutions and your State”, he said.
The Chief Minister said that SMVDU in its young age has made remarkable strides and is emerging as one of the renowned universities in the Country. “The students getting education in this university are also having mind-blowing and thought-provoking natural surroundings and environment befitting for an educational institution. You should take full advantage of the faculty, facility and environment to excel and grow both educationally and as the fine human beings”, he said and appreciated the efforts of the University for its continuous progress and growth in the shortest period of time.
In his address, Union Minister for New and Renewable Energy, Dr Farooq Abdullah said that the economic development of any country depends on the quality of its human resources and the skilled manpower base which is developed through the effective education system.
“Higher educational institutions and universities go a long way in fulfilling this objective and investment in education sector is the key to people’s empowerment, progress and prosperity,” he said adding that standards of higher education need to be continuously improved to make universities world class seats of learning and innovations in teaching and research fields.
Congratulating the passing-out students, Dr Abdullah asked them to utilize their knowledge acquired and skills gained for the benefit of the society and the country.
On the occasion, the Governor awarded degrees to 751 students and signed the Scroll Award of Degrees, which was followed by Oath taking by the degree recipients.
The Vice-President presented the awards of excellence to the recipients, who included Megha Sharma, Prateek Garg, Sheena Sahni, Shiraj Arora, Rohani Sharma, Palak Arora, Ria Gupta, Kuldeep Yadav, Anshila Raina, Aditya Bakshi and Paras Gupta.
All the dignitaries on the dais, including the Vice-President, were attired in ceremonial robes.
Earlier, Prof Sudhir K Jain, Vice Chancellor, SMVDU, presented Vice Chancellor’s Report, highlighting the past achievements and future plan of action. He gave details of the campus placements, publications brought out by the University, research projects being undertaken and the various workshops and conferences organized by this institution. He said that various initiatives have been taken to build this institution as a centre of excellence.
The Vice Chancellors of Jammu University, Kashmir University,  Legislators, members of the Executive Council of the varsity, Chief Secretary, members of the Shri Mata Vaishno Devi Shrine Board, senior civil and Police officers,  Chief Executive Officer of the Shrine Board and  prominent personalities from various walks of life were present on the occasion.

Excelsior Correspondent

SRINAGAR, Feb 8: The Jammu-Srinagar National Highway that was closed last evening after snowfall at many places along the route was re-opened for traffic this morning.
The Inspector General of Police Traffic, Muneer Ahmad Khan, told Excelsior that the highway was re-opened for traffic this morning after it was closed following snowfall around Jawahar Tunnel area last evening.
Khan said that 3000 vehicles including load carriers and passenger vehicles crossed Jawahar Tunnel into Kashmir valley today amid rainfall in Banihal area in the evening.
The IGP said that if weather permits the one-way traffic on the highway will be allowed to ply from Srinagar to Jammu tomorrow. He said that it is raining in the Banihal sector but weather forecast shows no major disturbance.
There was light snowfall in the hills of Kashmir with parts of plains receiving light rains. Qazigund in South Kashmir received 6.6 mm of rainfall last night, Kokernag town received 3.2 mm rainfall, Gulmarg in North Kashmir, recorded 9 centimetres of fresh snowfall, and Kupwara town recorded 3.2 mm rain.
Police said here that a residential house was damaged due to heavy snowfall, while a man was rescued under an avalanche in Kupwara district today.
A police spokesman said Sarfaraz Ahmad Khan son of Mohammad Ayub Khan of Khatan Nunwani came under a snow avalanche while he was on the way carrying drinking water. He was rescued by the locals of the area.
Police said a residential house of Abdul Majeed Deedaed son of Haji Sher Mohammad of Nunwani Kalaroos, Kupwara, was damaged due to heavy snowfall.
And in the meantime, parts of Kashmir valley received light rainfall and the cold wave tightened its grip as the minimum temperature fell in most parts of the region.
A Meteorological Department official said here that there would be further fall in the night temperature while the maximum temperatures would rise over the next few days.
The official said here that Srinagar recorded a low of 1.2 degree Celsius last night, a degree up from 0.2 degree Celsius the previous night and maximum day temperature was recorded at 9.9 degree Celsius.
Qazigund in South Kashmir settled at minus 1.1 degree Celsius, down by over a degree from the previous night’s zero degree Celsius.
Pahalgam, recorded a low of minus 5.7 degree Celsius as compared to minus 5.2 degree Celsius previous night while maximum day temperature settled at 6.2 degree Celsius.
The temperature in Gulmarg plummeted by over five degrees to settle at a low of minus 10.4 degree Celsius as against the previous night’s minus 5.2 degree Celsius.
The temperature in Kokernag, in south Kashmir, decreased by over four degrees to settle at a low of minus 5.7 degree Celsius last night, as against the previous night’s minimum of minus 1.3 degree Celsius while day temperature settled at 5.1 degree Celsius.
North Kashmir’s Kupwara, which recorded a low of 0.2 degree Celsius the previous night, settled at minus 0.4 degree Celsius last night.
The minimum temperature in Leh decreased by over four degree to settle at a low of minus 9.0 degree Celsius as against minus 4.8 degree Celsius the previous night and maximum day temperature settled at 4.1 degree Celsius.
Kargil was the coldest place in the State as the mercury settled at a low of minus 15.4 degree Celsius as compared to the previous night’s minus 15.0 degree Celsius and day temperature at the place settled at 2. 4 degree Celsius.

Fayaz Bukhari

SRINAGAR, Feb 8: Chief Judicial Magistrate, Srinagar today issued an arrest warrant against former Minister of State for Health, Shabir Ahmad Khan, in connection with a sexual assault on a lady doctor.
Chief Judicial Magistrate, Srinagar, Virender Singh Bahu, issued the arrest warrant against Khan, an MLA from Rajouri, following an application moved by police before the Magistrate.
The CJM has directed that the information of the arrest of the accused be sent to the Speaker of the Jammu and Kashmir Assembly under rules. Police this evening intimated the Speaker of the Assembly about Khan’s possible arrest.
While issuing arrest warrant against the former Minister, the CJM’s order reads: “A warrant of arrest is issued against accused and same be got executed by SSP Srinagar. On arrest of the accused, right of bail to the accused and further guidelines indicated in DK Basu’s judgement be followed by SSP Srinagar.”
The court order said: “Issuance of arrest warrant under Section 25 of Police Act becomes imperative only in case accused does not cooperate with the investigation agency and avoid investigation of the case. The reasons stated in the application are genuine and well founded and make a ground for issuance of warrant of arrest against the accused.”
The arrest warrant was issued after the former Minister failed to respond to the SHO’s summon and is evading arrest. “Notice/summon was sent to the accused to cause appearance before the SHO concerned, but despite receipt of notice he is evading his presence before the investigating officer and is not cooperating with the investigation of the case”, the CJM’s order reads.
The order says that the Station House Officer, Shaheed Gunj Police Station has sought issuance of arrest warrant against the former Minister in terms of Section 25 of Police Act on the grounds that his arrest has become imperative for concluding the investigations.
The Court observed that there has been no headway in the case due to the absence of the accused. “Heard Ld. CPO as well as SHO concerned and gone through the case dairy file. Case FIR No 09 of 2014 under Section 354, 509 RPC stands registered against the accused on 06-02-2014 and till date no headway due to absence of the accused has been made in the case”, the order reads.
Police this week registered a case against Khan after a lady doctor, wife of a separatist leader, alleged the Minister had called her to his office in the Civil Secretariat last month and attempted to molest her.
Khan resigned yesterday and moved an application for anticipatory bail in the Jammu wing of the Jammu and Kashmir High Court but it was rejected.
Sources said a police team had been constituted to arrest the former Minister and the team has left for Jammu.

Sanjeev Pargal

JAMMU, Feb 8: The Legislative Assembly has received 977 questions (both starred and un-starred) for budget session of the Legislature, which means that some of the MLAs have not even utilised their quota of raising questions of public importance or pertaining to people’s grievances.
In the House of 89 (87 elected MLAs plus two nominated women MLAs), 61 MLAs are entitled to raise questions as 24 members of the Assembly were Ministers including the Chief Minister, two of them were Presiding Officers (Speaker Mubarak Gul and Deputy Speaker Sartaj Madni) and four MLAs enjoyed the status of Ministers—one as Advisor and three others as vice chairpersons of different Boards/Corporations.
Official sources said every MLA was entitled to submit 20 written questions—10 each in starred and un-starred categories, which would have taken total questions to 1220 (if each MLA would have utilised his quota).
However, sources said, the Legislative Assembly has received only 977 questions including 538 in starred and 439 in un-starred categories.
Speaker Mubarak Gul has disallowed 46 questions.
The MLAs could have raised 243 questions more and taken the Government to task from their queries, sources said.
There were 25 Ministers in the State including the Chief Minister. While one of the Ministers—Planning and Development Ajay Sadhotra in a member of Upper House, Congress MLA from Rajouri—Shabir Khan had resigned yesterday. Though the number of Ministers now has been reduced to 24, 23 of them were MLAs and one MLC.
Worst is the condition when it comes to submission of private member’s bills.
Sources said the Legislative Assembly has received only 15 private member’s bills as against the entitlement of 305. Every MLA was entitled to submit five private member’s bills.
The Speaker has disallowed three private member’s bills.
The MLAs have submitted 80 private member’s resolutions. Since every MLA was entitled to submit four resolutions each, they could have submitted 244 resolutions but they fell short by 164.
Sources said there were 11 private member’s bills, which were pending in the Assembly, eight bills were pending at the state of consideration and passing while one Government bill was also pending since the previous session. Two bills were pending before the Selection Committee and one before the Joint Select Committee.
Meanwhile, in a bid to ensure smooth functioning of the House, the Speaker has called a meeting of all leaders of Legislature Parties and chief whips having representation in the Assembly tomorrow morning. The meeting will be held in the office chamber of the Speaker at 11 am.
Sources said Mr Gul would like to ensure smooth functioning of last budget session of the present coalition Government, which is in last year of its six years mandate.
The Speaker has called leaders of Legislature parties and chief whips of all political parties and some Independent MLAs to seek their cooperation in smooth running of the House, which was expected to be stormy keeping in view the upcoming Lok Sabha elections, which would be followed by the Assembly elections later this year.