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Pak important party in resolution of Kashmir issue: CM

Gopal Sharma
JAMMU, Mar 5: While advocating  the revocation of Armed Forces Special Powers Act (AFSPA) in the State, Chief Minister Omar Abdullah today said that the Act should be withdrawn in phased manner  whereas,  resolution of Kashmir issue was not possible without the involvement of Pakistan and the permanent peace can’t be restored in the State  till this problem is settled once for all.
Replying to the debate on  Governor’s address in the Upper House today, the Chief Minister reiterated his party’s demand for the revocation of  AFSPA from the State. He said the Union Government must review the situation and withdraw Act from the areas, where it was no longer required first and later it should be gradually withdrawn from the other areas where improvement in the situation is witnessed.   He pointed out that the issue of AFSPA has not been put on the back-burner by his party. “If the lone woman Irom Sharmeela from North East, can fast in protest against the AFSPA for 12 long years why can’t I speak against it,” Omar maintained.
“In the areas where we do not need Army, this Act can be repealed from those places. Our discussion with the Centre on this issue is on. I believe that we are right on this issue  and will continue to support our demand. A lady is on  fast for the last 12 years only for revocation of this Act and in her comparison I have done nothing. I am just talking about its revocation. I never said to remove it entirely and I am not that much senseless. I am just asking to remove it where it is not needed,” Omar added.
While referring to the  recent attack by the Naxalites  on the Indian Air Force helicopter  in a Naxal- hit Chhatisgarh, the Chief Minister said, “When you do not remove AFSPA there why do you need the Act in the State here. I am not politicizing the issue. It would have been better if I would have been in the opposition  and demanded to repeal the Act where I would have known that nothing could be done.”
Referring to the bloodshed and turmoil in the State during past few decades, Omar said, “We can not afford to linger on this issue any more. The people of this State have already suffered a lot and seen bloodshed. New Delhi should realize it. And for the resolution of  this issue we can not ignore Pakistan. Without the involvement of  Pakistan this issue can not be settled once for all.  If money or gun would have the solution, the issue would have settled till now. This is the political issue and can be settled with the political will and wisdom of all the stake holders including New Delhi and Pakistan.”
“We have told Delhi that one day, the solution of this issue has to be reached. It is not possible that no body will oppose the solution or it should be acceptable to all. There may be some opposition at some pockets or areas but it should be acceptable to the majority of the people in all the regions and major stake holders. Many people like Jawahar Lal Nehru,  Sheikh Mohd Abdulla and others tried for the resolution of the issue. We should keep trying and look into the external and internal dimensions of the issue. Centre must take initiate and involve Pak in the dialogue,”  the Chief Minister added.
Commenting on the over all situation, the Chief Minister said in last 25 years, 2012 remained the most peaceful year in the State. Compared to 2011, the year 2012 has witnessed 37 % improvement in militancy and violence front.
“We want that people live in peace here but some people tried to exploit the situation and disturb peace.  No body wants curfew. It was my compulsion to impose curfew in Kashmir, otherwise there would have been blood shed and innocent killings. Opportunists would get the opportunity to create violence, exploit people and engineer killings blaming Government as it happened previous years. The security forces also maintained maximum restrain and controlled the situation. There was only one casualty of a youth due to drowning, otherwise it would had not happened. I will not seek pardon from anybody  for that as I did what the situation demanded in the larger interest of my people, ” Omar maintained.
On the killings of Sarpanchs and Panchs, the Chief Minister said it was not possible to provide security to all but in area of domination, police patrols can be increased. It is unfortunate that elected representatives are being targeted to further exploit the situation. He said some vulnerable areas have been identified  and force deployment was  being strengthened. In view of situation arisen after Guru’s execution, the security force men from various areas were withdrawn and deployed in Srinagar and other major towns where situation demanded. Due to this some areas became vulnerable and militants got opportunity to strike.  It happened due to  the situation exploited by some people for political  benefit. They politicized the issue for power lust and have no respect for human values and sympathy for those being killed.
While referring to the postponement of Block Development Council elections, the CM said after issuance of notification by election authorities  the process was stalled in order to provide reservation to women, SCs and others. He said the process has almost been completed and the elections to the BDCs would be held shortly. He assured the House that elections to the Urban Local Bodies would also be held shortly and most probably in 2013.
Omar said RTI Act has been brought to bring transparency in the system of governance. Process of e-tendering has also brought great transparency in the system.  Accountability Commission was established by previous regime for vested motives to pin point some wrong decisions taken during 1996-2002 and it had specific agenda. But his Government has tried to make it a better and an accountable institution.
Some people tried to create a hype among masses that new police act was being enacted by State Government. Basically, we wanted to initiate an exercise to discuss Model Police Act as adopted by Himachal and Kerala States. It was put on the website for seeking public response before discussing it in the Cabinet and Legislature and moving ahead for making a new law but misinformation campaign was launched.  He also stressed  for educating Sarpanchs and Panchs about their duties and role and said that they should ensure that powers are being granted to them for public cause and it should not be compared with the financial aspects. He said Sarpanchs can check attendance of teachers in schools, Anganwadi functioning, quality of mid day meals and nutrition in Anganwadi centres etc. and then report to Administration at Block, Tehsil or district level for cognizance. The powers should not be mis-used.
Omar pointed out that unemployment, security concern and corruption were the major issues before the Government and  his regime was trying its best to deal with them. Fast track recruitment has been started and the purpose of offering half salary for first few months is to accommodate more and more unemployed educated youth. But from the day one they will be permanent employees and get entitlement of all the benefits from date of joining.
In obvious reference to the remarks of  a senior PDP member, Omar said, “ I am  also a daily wager and his Ministers are also so. Daily wagers work more efficiently than the permanent ones. And when an employee turns permanent, he has no fear of losing job and his performance go lower. While remaining daily wagers, he and his cabinet colleagues will perform better for the public cause,” Omar maintained.
The Chief Minister said great efforts are afoot for improving tourism infrastructure in the State.  Over one crore pilgrims visit Mata Vaishnodevi and if we managed to divert one to two percent pilgrims to other areas like Patnitop, Mansar Shiv Khori etc, it will be a great achievement.   He pointed out that in power sector Government was losing Rs 2000 crore  every year. The power theft  has created more problems for the Government. He said besides increasing power generation, increasing power infrastructure was equally important and his Government was working towards this direction. He also announced the officer for the domestic power consumers to wave off their interests and penalities if they want to settle their account. It will be unique offer and Rs 22 crore waive offer has been given to the consumers willing to pay their long pending dues.

Youth killed in firing in Baramulla, curfew like restrictions imposed

Fayaz Bukhari
SRINAGAR, Mar 5: A youth was killed in North Kashmir’s Baramulla town while 2 others were injured as security forces fired on protesters while over two dozen people including policemen were injured as protests broke out at several places across Kashmir over the mysterious death of a student in Hyderabad last week.
Deputy Commissioner Baramulla, G A Khawaja told Excelsior that he has directed for registration of an FIR against the Army for firing on protesters in which a 25-year-old youth, Tahir Latief Sofi, was killed. A Police spokesman later said that an FIR (80/2013 dated 05-03-2013) was registered against the security forces in the Police Station Baramulla against the Baramulla firing incident.
The Deputy Commissioner said that Army was not on law and order duty and as per their statement two Army vehicles came under stone pelting in Old town Baramulla in which one Army officer was hurt. “The Army fired that led to the death of the youth”, he added.
Khawaja said that inquiry into the incident will reveal the circumstances under which the Army fired on protesters that led to death of the youth.
However, Srinagar based Defence spokesman denied that the youth was killed in Army firing in Baramulla town. The spokesman said that Army fired in air when they were trapped by a mob in the township. Army has ordered internal investigations into the firing incident.
The Deputy Commissioner said that Minister of State for Home, Sajjad Ahmad Kitchloo, and Minister for Medical Education, Taj Mohidin will visit Baramulla tomorrow to assess the law and order situation. They already arrived in Srinagar this evening from winter capital Jammu to monitor the situation.
As the situation in North Kashmir is tense after the killing of the youth, curfew like restrictions have been imposed in Baramulla town and Police district Sopore. The Deputy Commissioner Baramulla said that they have imposed restrictions on the movement of people in Baramulla town and Police district Sopore under Section 144 of RPC.
Sources said that the curfew like restrictions have also been imposed in old city areas of Srinagar following clashes during the day today.
According to reports, a group of youth pelted stones on an Army patrol in old town Baramulla this morning. “One of the stones hit the Army vehicle and Army personnel in retaliation damaged over a dozen of vehicles and property”, alleged the residents.
Reports said that residents came out in large numbers in protest against Army’s alleged ransacking. The Army first fired in air and later fired on the protesters killing Tahir Latif Sofi and injured two others Abbas Farooq and Farhan Fayaz, reports added.
Tahir was removed to nearby district hospital Baramulla where doctors declared him brought dead. Hundreds of protesters carrying body of Tahir marched towards Deputy Commissioner’s Office. They ransacked the compound wall and broke several vehicles parked inside the complex. However, DC Baramulla later pacified the protesters and the body was then taken to old town for burial. Thousands of people took part in his last rites.
Residents said that Tahir who was running a medical shop had done Masters in Social Work from Dehradoon recently.
Protests also broke out in Sopore town and police charged batons on the protesters and fired tear smoke shells to disperse them. Protesters also attacked the Police Station Sopore, however, police chased them away.
The Defence spokesman while giving details of the Baramulla firing incident in which the youth was killed said that a foot patrol of Army while moving from Convoy Ground Baramulla to the company operating base was attacked by an unruly and violent mob of over 250 people.
“The aggressive mob, despite repeated warnings and caution, surrounded the patrol and people from within the crowd started attacking the Army personnel. The Army patrol was soon outnumbered, leaving some of them injured.  A person out of the mob assaulted the Army personnel with an iron rod creating a life threatening situation. To extricate themselves, the patrol fired, aiming in the air which could not have resulted into any injury.  In any case, the place of incident where the person died was well away from the location of the patrol and could have no way been affected by the firing by the patrol in the air.  This calls for detailed investigation by the Police”, the Defence spokesman added.
The spokesman further said: “Army reiterates that the death of Tariq could not have been caused due the firing by the Army personnel as extreme caution was exercised by them and the fire was deliberately aimed in the air.”
The spokesman revealed: “There were intelligence inputs with regard to the plans by the terrorists to entangle Army personnel, particularly in Baramulla, in a protest and to attack the Army taking shield of the crowd with a view to trigger large scale violence. This was aimed at providing fodder for the inimical elements to disturb the peace in Kashmir. The death of the individual seems to be a part of the said design and the Army has ordered an investigation to get to the bottom of the truth. Notwithstanding this, Army regrets the loss of life and assures the awaam that Army is always there for them and would do nothing against the security of the people. Army further appealed to the awaam not to fall prey to such nefarious designs of the inimical elements.”
In the meantime, to foil separatist march to Parigam village in South Kashmir’s Pulwama districts curfew like restrictions were imposed in Pulwama. Separatists had asked people to march to Parigam village to the residence of Mudasir Kamran Malla who died under mysterious circumstances in Hyderabad last week.
Police intercepted a group of protesters who were marching towards Pulwama in Budgam district’s Chadoora town leading to pitched battles between protesters and police.
Over a dozen persons including several police officers were injured in clashes. Those injured include SDPO Shalinder Mishra, SHO Manzoor Ahmad, Constables Waheed Ahmad and Ghulam Jeelani. Police charged batons on the protesters and fired tear smoke shells to disperse them.
Protests also broke out in Omarpora and Pakerpora in Central Kashmir district of Budgam against the mysterious death of a Kashmiri student in Hyderabad.
Scores of youth took out a protest march from Mirwaiz Manzil Rajouri Kadal in old city area of Srinagar this morning. The youth marched through Nowhetta, Malarata, Bohri Kadal, Fateh Kadal and several other areas of Srinagar city. Hundreds of protesters joined them and on reaching near Habba Kadal, police intercepted them by charging batons and firing tear smoke shells. However, Police managed to disperse the protests.
This was followed by protests and clashes in several areas of old city including Khanyar, Nowhetta, Rangar Staff and other places. Police fired tear smoke and charged batons on the protesters who pelted stones on them. Several police men and protesters were injured in the clashes and one protester is said to be critical. Half a dozen photo-journalists and vediographers were also injured in the clashes.
Protests also broke out in several areas of Kupwara and police fired tear smoke and charged batons on the protesters.
In the meantime, the life in Kashmir remained paralysed as there was spontaneous strike. The separatist although had not called for any strike but shops remained closed in several areas and traffic was off the roads.

Army orders time bound inquiry

Excelsior Correspondent
JAMMU, Mar 5: Northern Command Army chief Lt Gen KT Parnaik tonight ordered a time bound inquiry into the incident leading to the killing of a youth Tahir Latief Sofi in Baramulla town this afternoon.
“The Army Commander has ordered a time bound inquiry into the incident’’, PRO (Defence), Lt Col Rajesh Kalia said tonight.
He said Lt Gen Parnaik has expressed deep sorrow and regret over the loss of precious life in Baramulla. He has also offered his heartfelt condolences to the bereaved family.

NC MLAs, Ministers clash with PDP; seek apology from Baig over remarks against CM

Excelsior Correspondent
JAMMU, Mar 5: The Legislative Assembly today witnessed pandemonium with the National Conference MLAs and Ministers clashing with the main Opposition People’s Democratic Party and seeking apology from the former Deputy Chief Minister and senior PDP leader Muzaffar Hussain Baig over his remarks against the Chief Minister, Omar Abdullah. As there was no end to the ruckus and Opposition MLAs from Jammu staged walk-out over lapse of half an hour of the Question Hour, the Speaker had to adjourn the House.
As soon as the House assembled this morning, all the National Conference MLAs started protesting against the remarks of Muzaffar Hussain Baig against the Chief Minister and made it clear to the Speaker Mubarak Gul that they would not allow House proceedings till the PDP MLA tenders apology for using un-parliamentary language against the Chief Minister, who is also the leader of the House.
Though Speaker tried to pacify the agitating NC MLAs—Nasir Aslam Wani, Javed Dar, Aijaz Jaan and Bimla Luthra and asked them to allow smooth functioning of the Question Hour which had been disrupted ever since the start of Budget Session but the ruling party MLAs continued protest and even walked near the well of the House.
They were countered by the PDP MLAs, who stood up from their benches and started raising slogans—-“shame shame…”. “This is not the constitutional decorum that a senior member uses foul language against the Chief Minister. We want Muzaffar Hussain Baig to apologize for his remarks”, Nasir Aslam Wani said amidst verbal duel between the PDP and NC MLAs.
Joining the party MLAs in demanding apology from the PDP MLA, Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah said, “every member of this House has to maintain decorum and show respect to the post of Chief Minister, who is also the leader of the House but Muzaffar Hussain Baig has crossed all the limits and used un-parliamentary and derogatory remarks against the Chief Minister”, adding “Muzaffar Baig has no right to make such remarks against Chief Minister and he should apologise”.
Minister for Law was joined by Minister for Rural Development, Ali Mohd Sagar, Minister of State for Home, Sajjad Kichloo and Minister of State for Animal Husbandry, Nazir Gurezi, who also demanded apology from the PDP MLA and warned that the insult to the Chief Minister will not be tolerated.
As the agitating NC MLAs continued to raise slogans “Mafi Maango, Mafi Maango”, the PDP members led by Mehbooba Mufti shouted back, “Fansi Dekar Lash Nai Wapas Karte Ho (you hang but don’t return the body for last rites” in an obvious reference to Parliament attack convict Afzal Guru.
In the meantime, Minister for PHE, Irrigation and Flood Control and senior Congress MLA, Sham Lal Sharma appealed the agitating National Conference MLAs to allow smooth functioning of the House till Muzaffar Baig comes in the House and explain his stand. However, pandemonium continued in the House.
Expressing concern over lapse of 20 minutes of Question Hour, all the Opposition MLAs from Jammu stood up from their benches and remarked, “it is a drama scripted by the NC and PDP to settle political scores. There must be immediate end to the chaos as people’s problems are falling victim to the ruckus”.
Later, they staged walk out amidst slogans—“Gunda Gardi Nahin Chalegi Nahin Chalegi”. As tampers ran high between PDP and NC MLAs, Speaker adjourned the House for 10 minutes.
When the House reassembled, the Speaker said that when Baig will return to the House the issue of apology will be taken up as the NC MLAs once again started protest to press for apology. Amidst pandemonium, Muzaffar Baig entered the House and said, “Chief Minister has termed the PDP as Maut Ke Saudagar (merchants of death) and if CM takes his words back I will also take back my words”, adding “I have not done anything wrong by terming Chief Minister as daily wager. All the politicians here are daily wagers for six years—what is wrong in this. The daily wagers in the departments are terminated by serving notice but we are rejected by the people without any notice”.
As there was no let up in the protest from NC MLAs, Baig remarked, “I am ready to give them healing touch by certifying for their happiness sake that Omar Abdullah will remain Chief Minister for 40-50 years”.
The pandemonium came to end when Minister for Law, Mir Saifullah said, “Baig has himself accepted that he has used unparliamentary language against the Chief Minister and the situation is now resolved”.

BJP flays Omarfor AFSPA remarks

NEW DELHI, Mar 5:
BJP today expressed its disagreement with Jammu and Kashmir Chief Minister Omar Abdullah over repealing of Armed Forces Special Powers Act, saying the State should not speak against this law as it has already passed a similar legislation in its Assembly.
“Omar Abdullah’s own State has proposed a law which has virtually the same provisions as AFSPA. The Jammu and Kashmir Police Act is similar to AFSPA. People can see the difference between his words and deeds,” BJP spokesperson Prakash Javadekar told reporters.
He insisted that Omar and his Government cannot oppose AFSPA when they have a similar law in force.(PTI)

Address misleading, directionless: Baig

Avtar Bhat
JAMMU, Mar 5: Dubbing Governor Address as “misleading, directionless and disturbing document”, senior leader of the People’s Democratic Party (PDP) Muzaffar Hussain Baig today said that all the claims made in it are “hollow and bereft of facts”.
Participating in the debate on Governor’s Address in the Legislative Assembly, Baig said this document has not laid down any target or guidelines for next year. He maintained that in the document, the Government has to narrate and set out its road map for the coming years and to highlight achievements of the previous years.
In this document the Government has also to reveal achievements it had made in the previous year in bringing peace, progress and prosperity and also the efforts to bring transparency and accountability in the governance, he said.
“Unfortunately on all these parameters, the Governor’s address shows no worth mentioning achievements”, he said and added that achievements mentioned in the document were either achieved or started during the previous regimes headed by Mufti Mohammad Sayeed and Ghulam Nabi Azad. The present Government has been brazenly trying to take credit of the achievements of previous PDP-Congress regime in the State, he added.
The Governor address has not mentioned or revealed any step that indicated that the Government was serious in bringing transparency and accountability in the governance.
While pointing out that there has been no progress in the front of peace, Mr Baig said that the Governor address was silent on the implementation of reports of the five Working Groups set up by the Prime Minister. “It is also silent on what action the Cabinet Sub-Committee has taken on the Sageer Committee report. Apparently no progress has been made due to difference between Congress and National Conference”, he said and added that the document was also silent on the report of the Interlocutors, who were appointed after killing of 120 Kashmir youth in the year 2010.
“It is also silent why no action has been taken against the culprits who were responsible for the killings of 120 youth”, he said, adding, “the document has no mention about Government’s stand on Armed Forces Special Power Act (AFSPA) after the Army Chief had outrightly rejected this demand on January 3, 2013”.
Mr Baig said that Government has not made its stand clear on the demand of a member of the ruling party to conduct plebiscite or statement of National Conference leader Mustafa Kamaal, who had claimed that Indian intelligence agencies were destroying Jammu and Kashmir politically and constitutionally.
Taking a dig at the State Government for its failure to formulate any comprehensive policy for unemployed youth of the State, Mr Baig pointed out that Governor’s address lacks clarity on all important issues.
Describing the Governor’s address as clueless, the CPI (M) State Secretary and MLA Kulgam, M. Y. Tarigami said even important issues like promotion of the peace process has not been addressed, neither there is any mention of ways and means how to overcome obstacles and stumbling blocks in strengthening the process of dialogue and reconciliation.
Tarigami said that the trade across LoC and People’s movement is virtually halted adding that the address has not detailed out the ways to remove the obstacles. He also sought to inform the House about the progress and status of rehabilitation plan announced by the Chief Minister, Omar Abdullah about return of Kashmiri youth stranded across the borders.
He alleged that no forward movement has been registered about the return of Kashmiri migrants, though several announcements were made by the successive Governments at Centre and state levels. He said despite expressing keenness about the rehabilitation and return of Kashmiri migrants, no tangible progress was visible in this regard.
Tarigami also sought concrete measures to tackle the growing unemployment problem, strengthen the anti-graft institutions and urged to amend the Accountability Commission Act to empower the commission to take suo-moto cognizance of corruption complaints.
The Governor’s address is directionless to the extend that there seems no effort to bring out the State out of Chaos, confusion and growing dependence at the Centre, said senior leader and MLA Jammu West Prof Chaman Lala Gupta.
He said it is ridiculous situation that it was endorsed that the forces have played a great role in combating cross border terror and providing security to the common man but at the same time efforts are being made to malign the forces by leveling frivolous charges so as to create an impression if they are alien. Thus an encouragement is created to the elements of secessionism and cross border terror, he added.
Prof Gupta said Jammu Kashmir is legally and constitutionally an irrevocable part of India but under communal and other considerations the agents of hostile forces are being termed as stakeholders but the fact remains Pakistan has no locus standi and its position is not more than that of an aggressor.
He said  greater autonomy is being sought to distance the State from the Centre but at the same time more and more funds are sought on the plea that the State is a part of India and thus to secure funds is our right.
Gupta took strong exception to naming Guru as Sahib saying he was mastermind in Parliament attack. Panchayti Raj should be made a reality by incorporating 73 and 74th amendment of Indian Constitution.  There is much talk that Kashmiri Pandits are part of parcel of Kashmiriat but little practical steps are being taken for their return and rehabilitation with dignity in the Valley, he added.
JSM MLA Ashwani Sharma praised the security forces for restoration of peace in the strife torn state saying they deserve all applauds. Highlighting the problems of 1947,1965 and 1971 refugees he demanded that their problems be settled and strongly advocated for granting of citizenship rights to West Pak refugees.
Accusing Government of discrimination with Jammu, Mr Sharma said the region is facing total injustice and demanded constitution of Delimitation Commission to give Jammu its due share in representative bodies. He while strongly condemning the beheading of Indian soldier in Mendhar sector by Pak troops in January this year said the entire House should have condemned it.
He also stressed on increasing the honorarium of Sarpanchs and Panchs.
Engineer Rashid while defending his demand for demanding plebiscite in J&K said there was nothing wrong in it as Kashmiris still celebrate Eid with Pakistan. He said world saw the mourning of Guru by Kashmiris.
He said no one will beg before India for Guru’s body and  the day will come as Britishers apologized for killings in Jalanwala Bagh in Punjab, India will apologize for killing of Guru, Bhat and other Kashmiris.
He said had his resolution on Guru taken for debate in Assembly the situation would have been different.
G M Saroori of Congress demanded tabling of Finance Commission report in the House. He regretted that Ghulam Nabi Azad who also did a lot of work for the development of the State was not included in Governor’s address. He demanded elections to Local bodies, municipalities and District Development boards.
Rashpal Singh (NC) demanded establishing more Polytechnic Colleges, factories to create job opportunities for the unemployed youth of the Rajouri. He also sought tapping of tourism potential in the twin districts of Rajouri and Poonch. He also demanded launching of more welfare schemes for Gujjar and Bakerwals.
Mohammad Sharief Niaz (Congress) lauded the steps taken by the Government to restore peace and order in the State. He appealed all members cutting across party affiliations to make collective efforts to maintain sustained peace for the overall development of all three regions of the State.
Niaz appreciated the legislations brought for improving the basic services for the people, adding that the legislations, particularly the PSGA, and RTI are best tools to ensure services to the people in a time bound manner. He demanded opening new health centres and upgradation of power infrastructure in his constituency.
Jugal Kishore (BJP) while opposing the Governor’s Address said that Government’s policies are not people friendly and common man is hardly managing two times meals. He said prices of essential commodities have risen and Government has no control at all. He demanded addressing the issues of PoK/West Pakistani refugees on priority. He also sought review of present recruitment policy.
Syed Aga Ruhulla Mehdi (NC) asked the Government to concentrate on consolidation of infrastructure to reap the benefits of various schemes. He also stressed on all the parties to make united efforts to restore complete peace in the State, which is pre-requisite for the overall development and welfare of the people.
Aijaz Jan (NC) supported the Address and appreciated the performance of the Government. He said Government has tried to address the problems of people of all sections of the society and succeeded in ensuring good governance. He stressed the need for opening more bank branches, speeding up the process of development in the bad pockets of Poonch. He demanded streamlining the health facilities in Poonch.
Javid Ahmad Dar (NC) highlighted the landmark decisions of the Coalition Government for overall development of the State. He said that with the completion of these ambitious projects, the people of the State could reap its benefits soon.
Prof. Gharu Ram and Mr. Charanjit Singh demanded up-gradation of irrigation facilities in their respective areas.
Nizam-u-Din Bhat demanded taking concrete steps for addressing the issues confronting the State. He asked the State Government to adopt pro youth approach in its policies.

SAC challenges Single Judge judgment on suo-moto powers

Mohinder Verma
JAMMU, Mar 5: In an interesting development, Jammu and Kashmir State Accountability Commission (SAC) has filed Letters Patent Appeal (LPA) challenging the judgment passed by the Single Judge on January 4, 2013 whereby it was held that Commission doesn’t have the powers to take suo-moto cognizance in any complaint, grievance or allegations and Regulation 9 framed by the Commission was declared as ultra-virus.
In the LPA filed through Senior Advocate Sunil Sethi and Advocate Veenu Gupta, it has been stated that Section 3(1) of the J&K Accountability Commission Act states that the Commission will conduct investigation and enquiries in respect of the complaints under the Act but it doesn’t refer to the written complaints only.
“Section 9(1) of the J&K Accountability Commission Act clearly lays down that the jurisdiction of the Commission is not confined only to the complaints but the Commission has been vested with the power to investigate any action, which is taken by or with the general or specific approval of the public functionary”, the LPA said, adding “Section 3 defining the establishment of the Commission has to be read along with Section 9 of the Act which deals with the jurisdiction of the Commission whenever question arises about the powers and jurisdiction of the Commission and the nature thereof “.
Similarly, a reference to Section 11 of the Act lays down that a complaint can be filed under the provisions of the Act only in case allegations or any case of grievance (which is the position before the amendment as the case under reference was before the subsequent amendment in the Act). “This makes it clear that no complaint is required in case of action as the Commission has jurisdiction to investigate any action and jurisdiction cannot be made subject to the provisions of Section 11 of the Act”, the LPA said.
“In order to regulate its working the Commission has framed Regulations by virtue of Section 31 of the Act and Regulation 9 provides for taking suo-moto cognizance by the Commission in the cases wherein the investigation/enquiry is required to be done”.
“Sub-Section (1) of Section 31 of the Act clearly shows that the Regulations could have been framed by Accountability Commission for carrying out the parties of the Act and because Section 9 dealing with the jurisdiction of the Commission, refers to its power to investigate any action as Such Regulation 9 which has been framed as per the powers vested with the Commission under Section 31 is within the confines of its authority”, the LPA said.
Seeking setting aside of the Single Judge Judgment dated January 4, 2013, the LPA said, “the Single Judge has not appreciated the controversy in the right perspective about the jurisdiction of the Commission but has gone on entirely irrelevant points urged before the Court about the scope of penalties to be imposed in case of false and frivolous complaints. The findings of the Single Judge that in case of suo-moto action, the provisions of the Act so far as penalties for malafide complaints will become redundant are absolutely irrelevant as in case of suo-moto action by the Commission, it cannot be presumed under law that the exercise of the powers of Commission was actuated by malafides. Such mechanism of penalty may be required in case of individual who is filing a complaint but cannot be pressed into service in case of suo-moto powers”.
Stating that Accountability Commission has been constituted to ensure that there is no corruption at the high-ups and to ensure that society becomes corruption-free to the extent it is provided in the Act, the LPA said, “it is necessary to presume that such powers to the Accountability Commission to take suo-moto action which otherwise is justified as per the provisions of Section 9 of the Act read with Section 31 and Regulation 9”, adding “this aspect of the matter has not at all been considered by Single Judge in true and right perspective resulting in passing of the judgement”.
“Though Accountability Commission is not a court in strict sense of the word but certain powers of the courts are vested with it under the provisions of the Act as such the presumption of there being inherent power with the Commission cannot be denied at the face of it”, the LPA said, adding “moreover the Commission has the express power of taking suo-moto cognizance as per Section 9 of the Act. The Commission also has implied powers of taking suo-moto action even in the absence of Regulation 9 by mere reading of Section 9, Section 13 read with Section 31 of the Act”.
“The Single Judge has further failed to appreciate that Commission in terms of Section 9 of the Act is fully empowered to investigate any action which is taken by or with the general or specific approval of the public functionary as defined in Clause 16 of Section 2. Moreover, Section 11 and 13 of the Act don’t limit the jurisdiction of the Commission”, the LPA said, adding “the Legislature while using the expression ‘action’ has made it clear that action must not necessarily have a complaint detailing the allegations before it. The Commission can look into any action like decision, recommendations or finding as also failure to act on part of public functionary on its own without there being any allegation leveled in a complaint against such public functionary”.
Stating that Single Judge while passing the order impugned has totally ignored the legal position that Sub-Section 2 of Section 31 is illustrative in character and doesn’t control Sub-Section (1) of Section 31 that gives the Commission power to make regulations for carrying out the purpose of the Act, the LPA said, “Regulation 9 doesn’t infringe or go beyond any of the provisions of the Act and has been validly used by the Commission to initiate suo-moto proceedings against the public functionary”.
“Viewed from any angle, the judgment impugned passed by the Single Judge is totally contrary to the provisions of law therefore the same deserved to be quashed”, the LPA said.

PDP moves adjournment motion as FM presents budget today

Excelsior Correspondent
JAMMU, Mar 5: More trouble could be in store in the Legislative Assembly tomorrow when Finance Minister Abdul Rahim Rather presents annual budget for 2013-14 at 12 noon as the PDP has moved an adjournment motion for Wednesday to suspend entire business tomorrow and discuss the situation arising out of the killing of a youth in firing at Baramulla.
Sources said the PDP moved the adjournment motion this evening seeking suspension of tomorrow’s business, which includes presentation of annual general budget by Mr Rather at 12 noon.
The PDP MLAs including Mehbooba Mufti have submitted copies of the adjournment motion to the Speaker, the Law Minister and the Assembly Secretary.
Mr Rather tabled pre-budget economic survey in the Assembly today.
Tomorrow’s business in the Assembly included Question Hour from 10 am to 11 am, Zero Hour from 11 am to 12 noon and presentation of budget at 12 noon.

Kashmiri student committed suicide: DCP

HYDERABAD, Mar 5:
Even as the EFLU students demanding action against the faculty member allegedly responsible for the death of a Kashmirir student Mudassir kamran, Hyderabad East Zone police today clarified the kashmiri student had a fight with his room-mate hours before he committed suicide.
In the back ground of the case is that, Mudasir and Vasim Salim Tamboli are close friends and room-mates.
On examination of Vasim Salim Tamboli, it is revealed that the deceased Mudasir had made several physical advancements by touching his body, kissing, hugging. Over which Vasim got annoyed and shifted to another room, police said in a release here.
The deceased Mudasir was very possessive of Vasim and used to say that he is in love with Vasim, he cannot survive in the campus without Vasim. The deceased Mudasir used to assault Vasim demanding him to stay with him only and not to mingle with others.
Three or Four times , the Kashmiri student has assaulted Vasim over which he has submitted representations to the Dean Hostels, Dean Ph D and Proctor, the petitions of Vasim were under examination and Proctor issued memorandum and warning letter to Mudasir in connection with the petitions submitted by Vasim Tamboli, the release said.
The release also said in the late evening of March 1, Mudasir followed Vasim wherever he went near F-wing hostel Mudasir picked up quarrel with Vasim, assaulted Vasim and tried to throttle him.
Vasim along with students Gopal and Deepesh came to the Police Station and lodged a complaint at about 2230 hours.
Prof Vijra, Prof. Maya Pandit and Prof. Chanchala Naik also reached the Police Station and based on their complaint, the on duty Sub-Inspector A.Madhu Sudhan Reddy proceeded brought Mudasir to Police Station for enquiry.
In the presence of Vasim, Gopal, Deepesh, the SI advised and counseled Mudasir.
The students of EFLU namely D Kotesh, P Sandeep, G Seetharam, H Krishna, Satish along with Prof Vedasharan, Dean Campus Development came to Police Station and requested the SI to hand over Mudasir to them and assured that the issue will be resolved in the University .
In this regard Prof Vedasharan along with Satish gave an undertaking stating that they will take responsibility of Mudasir and arrange protection to Vasim.
They left the Police Station at about 2345 hours on March  1.
The students of EFLU namely D Kotesh, P Sandeep, G Seetharam, H Krishna, Satish are monitoring and observing the movements of deceased Mudasir ever since he was brought from Police Station, the release said.
On March 2 at about 2120 hours, H Krishan a close friend of Kashmiri student went to his room and knocked the door.
When there was no response he peeped inside through the window and found Mudasir hanging to the ceiling fan.
Immediately, he alerted security persons and mess workers and with the help of varsity security guards and other students broke open the door of Room No D-5 and took the deceased to Andhra Mahila Sabha Hospital at Nallakunta in the Ambulance, but the doctors at the hospitals opined that he was brought dead.
Post Mortem Examination was conducted and the body was handed over to his cousin Shammi Malik for final rites, the release added.
At about 2330 hours on the same day, received a joint complaint from the student organizations of EFLU led by N.Satish (TSA) , wherein he stated that one Muddasir Kamran(30), a first year research scholar in ELE has committed suicide by hanging to the ceiling fan in his room bolting from inside.
In the complaint, he also stated that the Ph.D student committed suicide as he was continuously harassed by Prof. Harish Kumar Vijra, Proctor, EFL University by saying ‘Mentally disorder Rascal,’ the release added. (UNI)

Economy to grow at 7.01%

Excelsior Correspondent
JAMMU, Mar 5: The State economy is targeted to grow at 7.01% during the current financial year as compared to 6.22% in 2011-12 and 5.96% in 2010-11 and the expected higher rate of growth is in line with the projections made for the 12th Five Year Plan.
This has been revealed in the Economy Survey tabled in the Legislative Assembly by the Minister for Finance, Abdul Rahim Rather today.
“While it is expected that the Indian economy will turn around and revive its growth momentum, the J&K has not only maintained the increasing growth trajectory since 2009-10 but accelerated it further to new heights especially during 2011-12 and 2012-13 when the growth rate clocked to over 6%, better than the national level”, the Economic Survey said.
“As per the advances estimates of Gross State Domestic Product (GSDP) at constant prices (2004-05), the State economy is expected to grow at 7.01% during 2012-13, which is in line with the projections made for the 12th Five Year Plan”, the Survey said, adding “the 12th Five Year Plan envisages growth rate to move up over the years starting with 7% in the first year of the plan and reaching to 8% in the fifth and terminal year thereby achieving average growth rate of 7.5% during the entire plan period”.
At disaggregated level, the trend growth of 2012-13 comprises 3.84% growth in agriculture and allied activities, 3.17% in industry and 10.10% in services as compared to growth of 3.69%, 2.1% and 9.38% respectively during 2011-12 (quick estimates).
The per capita income of J&K at current prices has been worked out at Rs 50806 in 2012-13 (advance estimates) as against Rs 44533 in 2011-12 thereby expected to grow at 14.09%. However, at constant (2004-05) prices, it is expected to rise to Rs 30889 in 2012-13 as against Rs 29215 in 2011-12 thereby expected to witness an increase of 5.73%, the Economy Survey said, adding the State has collected a record own revenue of Rs 4745 crore during 2011-12 and the percentage increase was 36.23 % over the figures of 2010-11.
“While the size of annual and five year plans is on steep increase with liberal central assistance, the need for ensuring a regular vigil on the quality parameters of developmental expenditure has surfaced more strongly than ever”, the Survey said, adding “conduct of evaluation studies across the State on wide spectrum of development projects/schemes is a regular feature of the Directorate of Economics and Statistics. In a recent evaluation study on Indira Gandhi National Old Age Pension Scheme conducted in two sample districts with wide sample base, it has come to the fore that 18% of the reported beneficiaries were not traced in the field which puts a question mark on the genuineness of the beneficiaries. The promptness in weeding out the expired and other ineligible beneficiaries from the live list of beneficiaries too was lacking”.
According to the Economy Survey, transmission and distribution losses in the State have remained stagnant and are very high of the order of 61.61%. “The gap between receipts from power consumers and expenditure on power purchases has continuously been rising. From Rs 275 crore in 2002-03, the deficit has grown to Rs 1993 crore during 2012-13”, it added.
The Survey further said, “the State had a committed liability of estimated Rs 3368 crore on account of four installments of 6th Pay Commission arrears as on March 31, 2012 which are to be paid in four yearly installments”.