Implementation of 73rd, 74th
amendments recommended
Credibility gap, trust deficit
high, need to overcome
Amnesty for militants, stone pelters,
political prisoners suggested
3 Regional Councils with Legislative, executive, financial recommended
Excelsior Correspondent
JAMMU, May 24: Ruling out a return to the pre-1953 position, a major demand of ruling National Conference, the Central Government appointed Interlocutors on Jammu and Kashmir have favoured setting up a Constitutional Committee to review all Central Acts and Articles of the Constitution of India to the State extended after 1952.
Officially made public today by the Ministry of Home Affairs this afternoon by uploading the report on its website, a day after Home Minister P Chidambaram visited Kargil and Srinagar for cultural function and security review, the Interlocutors’ report also made no mention of PDP’s self rule or any other vision documents of separatist leaders. It, however, called for making Article 370 of the Constitution as a special provision of the State by deleting the word temporary from the Constitution.
The report of the Interlocutors-Dileep Padgaonkar, a veteran journalist, Prof Radha Kumar, an academician and M M Ansari, a former Information Commissioner, proposed a ‘New Compact’ with the people of Jammu and Kashmir, having three components-political, economic and social and cultural-forming a single package, which cannot be accepted on a selective basis.
The Interlocutors have recommended that Governor of Jammu and Kashmir should be appointed by the President after obtaining three names from the State Government, which would prepare the panel in consultations with the opposition parties. They recommended gradual reduction of All India Services cadre officers in favour of State Civil Services. They didn’t favour change in nomenclatures in English of the Governor and the Chief Minister.
In another significant recommendation, the Interlocutors recommended creation of three Regional Councils-one each for Jammu, Kashmir and Ladakh with legislative, executive and financial powers. They proposed that Ladakh would no longer be part of Kashmir division, as was the case presently.
In another setback to National Conference, the Interlocutors have endorsed the demand of Congress, PDP and BJP that financial and administrative powers should be delegated to Panchayati Raj institutions on the lines of 73rd and 74th amendments of the Constitution of India. Calling for making the LoC irrelevant, they said: “it should become a symbol of concord and cooperation”.
The report said the return to pre-1953 position would create a “dangerous Constitutional vacuum” in the Centre-State relationship. The clock can’t be set back, it added.
Major CBMs proposed by the Interlocutors included release of all stone pelters and political prisoners, amnesty for militants, who renounce violence and their rehabilitation, reduction of intrusive presence of security forces in the State, amendment of PSA and review of DAA and AFSPA, setting up a Judicial Commission on the issue of unmarked graves, fast track implementation of PM’s Working Groups recommendation, return of Kashmiri, Jammu and Kargil migrants with honour and dignity and compensation for migrants of Pakistan administered Kashmir with recognition of their status as state subjects, opening of all routes across the LoC and easy trade and travel through multiple-entry permits/visas.
The Interlocutors have proposed inter-Kashmir and intra-Kashmir dialogue besides resumption of talks between Hurriyat Conference and the Union Government. They observed that a political settlement in Jammu and Kashmir must be achieved only through dialogue between all stake holders including those, who were not part of the mainstream but their commitment to democracy and pluralism must be above board. J&K should continue to function as a single entity within the Indian Union.
The Interlocutors had submitted their report to Mr Chidambaram on October 12, exactly an year of their term during which they toured all three regions of the State-Jammu, Kashmir and Ladakh, received about 700 delegations and held two Round Table Conferences (RTCs). Since October 12, the report of the Interlocutors was lying with the MHA.
Referring to credibility of dialogue process, the Interlocutors wrote in their report that at many places during their visit the result of their mission was questioned by the people on the ground that reports of the Prime Minister’s Working Groups were simply gathering dust.
“We have noted further that the credibility gap does not apply only to Centre-State relations but it also applied to State-region and State-district relations as well as to political representative-people relations. We were repeatedly told that trust deficit between the State’s people and their political representatives was as great if not greater than the trust deficit with New Delhi”.
Under the political component, the report dealt with Centre-State relations and internal devolution of powers and suggested a road map listing Confidence-Building Measures that included review of Disturbed Areas Act and re-appraisal of application of Armed Forces Special Powers Act (AFSPA).
The report also favoured resumption of the dialogue process between the Centre and Hurriyat Conference “at the earliest”.
The report proposed a `New Compact’ with the people of Jammu and Kashmir having three components-political, economic and social and Culture-forming a single package, which can’t be accepted on a selected basis.
This should yield visible outcomes and be made interruptible, it said.
“We would like the Government to ask a constitutional expert to examine four documents prepared respectively by the National Conference, the PDP, the break way faction of the NC (ANC) and Sajjad Lone. The objective would be to enumerate both the points of convergence and divergence. We have written to separatist leaders asking for their public positions on a political settlement. If and when we get their documents, we will be in a position to formulate the broad contours of a political settlement”, the Interlocutors said.
On Centre-State relations, the report called for review of all Central Acts and Articles of the Constitution of India extended to the state after 1952 Delhi agreement.
“This does not mean a pure and simple return to the pre-1953 situation. The clock cannot be set back. Instead, the Group wants such a review to take into full account the changes that have taken place over the past six decades,” the report said.
To build on the consensus that exists in the State, the interlocutors have recommended that a Constitutional Committee (CC) be set up to review all Central Acts and Articles of the Constitution of India extended to the State after the signing of 1952 agreement.
The report said that no more central laws and Articles of the Constitution should be extended to the State by Presidential order.
It also suggested that Parliament will make no laws applicable to the State unless they were related to country’s internal and external security and its vital economic interests, especially in the areas of energy and access to water resources.
Holding that a broad consensus existed on a political settlement in the State through a dialogue between all stake-holders including those who are not part of the mainstream, the three-member group has recommended that Jammu and Kashmir should function as a single entity.
The report has listed various options relating to the contentious Articles of the Constitution including the prefix of the Article 370 extended to the State.
The Interlocutors wanted the State’s status to be termed as ‘special’ as is the case with several States under Article 371, deletion of the word ‘temporary’ from the heading of Article 370 which should be replaced with word ‘special’.
The report said a broad consensus exists in the state on the point that the State’s distinctive status guaranteed by Article 370 must be upheld.
“Its ‘erosion’ over the decades must be re-appraised to vest it with such powers as the State needs to promote the welfare of the people on its own terms,” it said.
It also said the State Assembly will submit three names to the President to the post of Governor who will be appointed by the President.
It also suggested that there should be no change in Article 356 and if the State Government is dismissed, elections should be held within three months.
Interestingly the Group suggested that for internal emergency, prior consultations with the State Government is required.
It should be headed by an eminent personality who enjoys the esteem of the people of Jammu and Kashmir and of the people of the India as a whole.
It should include as its members Constitutional experts who enjoyed confidence of all major stake holders.
The CC’s conclusions, to be reached within six months, will be binding on “all of them”.
The Interlocutors group has said that the CC shall be mandated to conduct its review bearing in mind the dual character of Jammu and Kashmir-being a constituent unit of Indian union and enjoying a special status under Article 370 of the Constitution-and the dual character of the people-State subjects as well as Indian citizens.
“The review will, therefore, have to determine whether – and to what extent – the Central Acts and Articles of Constitution of India, extended with or without amendment to the State, have dented Jammu and Kashmir’s special status and abridged the State government’s powers to cater to welfare of its people,” the report said.
The CC’s recommendations must be reached through consensus so that they are acceptable to all stake-holders represented in the State Assembly and Parliament.
The next step would be for the President in exercise of powers under Article 370 to issue an order incorporating the recommendations of the CC.
The order will need to be ratified by a Bill in both Houses of Parliament and by each House in the state legislature by a special two-thirds majority to be presented to the President for assent.
“Once this order is over, clauses (1) and (3) of Article 370 shall cease to be operative and no orders shall be made by the President here after under the said clauses as from the date of final order,” it said.
It added that the CC would need to reflect on quantum of legislative, financial and administrative powers that the State Government should delegate to the three regions at all levels of governance-the regional, district and Panchayat/Municipality.
The report recommended that for promotion of the State’s economic self-reliance, a fresh financial agreement between the Centre and the State is required.
“We believe that retaining many of the Central laws made applicable to the State over past six decades should not give rise to any strong objections. They must be seen to be what they are: fairly innocuous laws that have been beneficial to the State and its people and enabled the State to conform to international standards, norms and regulations”, the report said.
Referring to that they called `contentious issues’, the Interlocutors recommended that the word `temporary’ should be deleted from the heading of Article 370 and from the title of Part XXI of the Constitutions and replace with the word `special’ as it has been used for other States under Article 371 (Maharashtra and Gujarat).
On the appointment of Governor, they said the State Government in consultation with the Opposition parties shall submit a list of three names to the President, who can ask for more suggestions, if required. The Governor will be appointed by the President and hold office at the pleasure of the President.
On Article 356 of the Constitution, they recommended that action of the Governor was now justifiable in the Supreme Court. The present arrangement should continue with the proviso that the Governor will keep the State Legislature under suspended animation and hold fresh elections within three months.
On Article 312, they said the proportion of officers from the All India Services should be gradually reduced in favour of officers from the State Civil Services without curbing administrative efficiency.
“The nomenclatures in English of the Governor and the Chief Minister should continue as at present. However, equivalent nomenclatures in Urdu may be used while referring to the two offices in Urdu”, the Interlocutors said.
Proposing creation of three Regional Councils, one each for Jammu, Kashmir and Ladakh, the Interlocutors, however, recommended that Ladakh would no longer be part of Kashmir division. They called for certain legislative, executive and financial powers to the Regional Councils. They have listed powers of State Legislature to the Regional Councils. In this regard, they have also referred to the agreement reached on Gorkhaland, which can be considered.
“A further devolution of executive and financial powers to Panchayati Raj institutions at the level of a district, a village Panchayat, Municipality or Corporation would be part of the overall package. All these bodies will be elected. Provisions will be made for representation of women, SC/STs, backward clans and minorities. MLAs will be ex-officio members with voting rights”, the report said.
It added: “the Parliament will make no laws applicable to the State unless they related to the country’s internal and external security and its vital economic interest, especially in the areas of energy and access to water resources.
“These changes should be harmonized in all parts of the former princely State. All opportunities for cross-LoC cooperation should be promoted. This will require substantial Constitutional changes Pakistan-administered Jammu and Kashmir”.
The Interlocutors called for taking all appropriate measures to regard Jammu and Kashmir as a bridge between South and Central Asia.
They said settlement must treat Jammu and Kashmir as a single unit. “There should be no bifurcation or trifurcation of the State”, they added but admitted that different voices were heard in Leh on this subject.
The Interlocutors observed that the people of Jammu and Kashmir yearn for a permanent end to the conflict that has dominated their lives for 22 long years, and for a peaceful resolution of its root causes.
“They want armed violence to cease forever, the miasma of fear that shadows their lives to lift, and the ugly practices that have been bred by conflict to vanish. They would like the line that divides the erstwhile princely State to “become invisible”, and for their bonds of pluralism and tolerance to be restored. They want the opportunities and mobility that the 21st century offers; in a world with fewer and fewer borders, it is intolerable that they are held hostage by borders of war and isolation. Above all, they long for a life of dignity and honour, of democratic freedoms and the rule of law, a life in which they are masters of their own destiny”, they said.
Asserting that any resolution must be based on the vision for a future that has emerged from their interactions with more than 700 delegations during our visit to the 22 districts of the State over the past eleven months, they said: “such a future would see the State acting as a bridge between India, Pakistan and Central Asia; with its glorious heritage of syncretic philosophical, religious and linguistic practice restored; its children taking their place in the young firmament of South Asia and beyond; its economy freed from the shackles of State control; and, most of all, its people living in the harmony that distinguished them during the dark days of partition”.
“The lodestar for arriving at this vision is the empowerment of the State’s people to enable them to address their political, economic, social and Cultural concerns, interests, grievances and aspirations without the pulls and pressures that have stymied it time and again. As former Prime Minister Atal Behari Vajpayee had said, “Jammu aur Kashmir ko insaniyat ke daire mein dekhna hai” . This calls, in the first place, for upholding the distinctive status of Jammu and Kashmir -enshrined in Article 370 of the Constitution of India- in letter and spirit. The State must be at liberty to acquire such powers as it needs to promote the welfare of its people on its own terms.
“Political space must be provided to all stakeholders to finesse Jammu and Kashmir’s constitutional bonds with the Indian Union that find mention in both the Constitution of India and the Jammu and Kashmir Constitution. It stands to reason that such an exercise would in no way compromise India’s internal and external security requirements”, the Interlocutors said in their report.
The New Compact of the Interlocutors proposed to simultaneously establish a multi-layered grid of devolved institutions of democratic governance across the State. “This alone will go a long way to arrest and gradually diminish the sense of victimhood that grips every region and every religious, ethnic, linguistic and socially-disadvantaged community, including people uprooted from their homes due to wars and endemic violence, without harming the unity and integrity of the State or undermining its pluralist character”.
Noting that the sense of victimhood is articulated in the most intense emotional terms in the Kashmir Valley, they said the reasons are all too compelling.
“Here, for over six decades, people have experienced what, in their eyes, constituted a systematic denial of their democratic rights. They have been witness to rigged elections, the dismissal of elected Governments and installation of pliant ones, the arrests of their popular leaders, the choking of dissenting voices through harsh laws, the detention of political prisoners without the due process of law; the failure to bring to book those guilty of violating human rights; and, not least, violence perpetrated by militants and by the security forces. That these alleged violations of human rights – including the deaths of 104 youth in the summer of 2010 – did not adequately figure either in the Indian media or in Parliament is seen, rightly, as India’s lack of concern for the sufferings of the Kashmiri people”, the report of the Interlocutors said.
“Add to this the widespread allegations of mis-governance, pervasive corruption among the political and bureaucratic elites, lack of quality education and public health services; poor physical infrastructure and woefully inadequate job opportunities, especially for skilled and educated youth. All these factors, taken together with what is seen as a mushroom growth of religious extremism of all hues, have brutalized Kashmiri society to such an extent that today it fears for the very survival of its religious and cultural identity”, the report said.
The Interlocutors said this accounted for political demands ranging from ‘Azadi’ and the establishment of an Islamic State to autonomy, self-rule, achievable nationhood and such other alternatives. At the heart of all these dirges, however, is the sentiment that the woes of Kashmir are due to the emasculation of the substance of its distinctive status enshrined in Article 370 of the Constitution of India.
“The concerns, interests, grievances and aspirations of Jammu and Ladakh are of another order. People in these regions strongly believed that the Valley politicians have given them a raw deal largely due to an iniquitous delimitation of constituencies. Indeed, there is a strong sentiment in both regions that the Centre has neglected their grievances because of their robust pro-India inclinations. It has taken the people of Jammu and Ladakh for granted and, to make matters worse, consistently chosen to ‘pamper’ the political and bureaucratic elites of the Valley. Such ‘pampering’, they allege, accounts for the sentiments of rage and frustration, particularly among the youth of the two regions. The youth have expressed their sentiments in a peaceful manner so far. But it is only a matter of time before the protests take an ugly turn – as they have in the Valley – unless the grievances are addressed on an urgent and sustained basis, the Interlocutors said.
They noted that the anti-Valley feelings have widened the regional divide in the State, particularly between Kashmir and Jammu. On certain issues – such as the establishment of facilities for the Amarnath pilgrims polarization has taken place along communal lines. Some sections of Jammu opinion therefore clamour for a separate State.
“The demand for Union Territory (UT) status is near unanimous in Leh, cutting across not only party but also community lines (including the small Muslim community, for whom however UT was the least bad of options). There is also a demand for Ladakh to be made a province, on the grounds of its considerable territorial size. Indeed, territorial size is a hot issue in
Leh. The immediate grievance is financial, that the principle of State budgetary allocations on population basis is by its nature biased in a region, which is territorially large but sparsely populated. The development of infrastructure suffered severely as a result, and there is little doubt that for infrastructure development allocations need to be made on territorial requirements rather than on the basis of the population”.
The report said within these regions, however, some communities have their own set of grievances rooted in fears about discrimination by another community. The five Muslim-majority districts of Jammu direct their ire at those Hindu and Muslim Jammuites in Jammu city who seek statehood for Jammu province, much like the Shia dominated district in Kargil is wary of Buddhist-dominated Leh, which seeks Union Territory status for Ladakh. Muslims of these districts indeed argue that granting such a status to Ladakh or establishing a separate State in Jammu will force them, much against their grain, to cast their lot with the Kashmir Valley.
“Should that happen, the minorities in these districts, too, fear that they will face another partition trauma”.
The Interlocutors said democratic governance through appropriate regional and Panchayati Raj institutions will alone guarantee that the search for a political settlement is not seen through the prism of a particular region or community. In the bargain, it will ensure that a polarization of people along communal, sectarian or ethnic lines is well and truly pre-empted. And it will provide communities uprooted from their homes – most significantly, the Kashmiri Pandits – a direct stake in the State’s power structure . The Interlocutors quoted Prime Minister Dr Manmohan Singh as saying that Kashmiris needed freedom from all forms of intimidation, oppression and violence perpetrated by State and non-State actors to enable people to exercise their democratic rights with their honour and dignity intact, freedom from all forces of religious extremism, ethnic or regional chauvinism and majoritarian conceits that disturb communal and inter-regional harmony.
“Progress on the resolution of outstanding issues between India and Pakistan will hugely facilitate the multi-track deliberations. The establishment of a similar, multi-layered grid of institutions of democratic governance in the areas of Jammu and Kashmir under Pakistan’s de facto control can lead to developing consultative mechanisms, consisting of representatives of both sides, to address issues of common interest and concern, especially in areas like water, tourism, forestry, hydel power and the protection of the environment”, the Interlocutors said.
They added that an India-Pakistan understanding on Kashmir should be a winwin result for both countries, especially in terms of safeguarding their respective security interests as well as their sovereignty in the areas of the erstwhile princely State under their administration.
The report also listed several recommendations to harmonise relations between people on both the sides of Line of Control including a hassle-free movement of people and goods across the LoC and a consultative mechanism where elected representatives from both sides can deliberate on issues of common interests like water, economy, tourism and trade.
This would be especially effective if democratic institutions of self-governance are established in areas of princely state under the de-facto control of Pakistan.
“The core idea here is to make the LoC irrelevant, a mere line on a map,” it said.
Pointing out that the roadmap leading to political, economic and cultural freedoms depends on credibility of dialogue process, implementation of key CBMs and building consensus among key stakeholders, the Interlocutors proposed a set of CBMs to help establish a credible dialogue for resolution of the problem.
The CBMs included amendment of Public Safety Act (PSA) and review of Disturbed Areas Act (DAA) and Armed Forces Special Powers Act (AFSPA), rationalization of security installations by reducing their spread to few strategic locations and creating mobile units for their rapid response, fast track implementation of the recommendations of Prime Minister’s Working Group including making return of all Kashmiris, mainly Pandits (Hindu minority) a part of State policy, providing better relief and rehabilitation for widows and orphans of violence in the State including widows and orphans of militants and facilitating the return of Kashmiris stranded across the LoC, many of whom had crossed over for arms training but now wish to return peacefully.
Other CBMs recommended by the Interlocutors included inter and inter-Kashmir dialogue, establishing exchange programmes of students, writers, artists, craft persons, encourage cross-LoC tourism and open radio and television programmes in the State languages, creation of Special Economic Zones (SEZs) for promotion of industry with financial and fiscal incentives on the pattern of North Eastern States, transfer of Central sector power generating projects to the State and declared hilly, remote and backward areas as Special Development Zones.
The CBMs also included release of all remaining stone pelters and political prisoners against whom there are no serious charges withdrawal of FIRs against those, who were first timer or minor offenders, amnesty for militants, who renounced violation followed by their rehabilitation, reduction of intrusive presence of security forces, rehabilitation of all victims of violence, constant review of implementation of various Acts meant to counter militancy, return of Kashmiri Pandits, Jammu and Kargil migrants to their homes to lead a life of security, honour and dignity, adequate compensation for migration from Pakistan administered Kashmir and recognition of their status as State subjects, fast track implementation of recommendations of the Prime Minister’s Working Group on Relations Across the LoC, opening up of all routes across the LoC and easy trade and travel through multiple entry permits/visas.
The Interlocutors recommended establishment of an empowered group to monitor implementation of the CBMs proposed by them, which have not been implemented so far.
The Group recommended resumption of Government of India-Hurriyat Conference dialogue at the earliest opportunity to yield visible outcomes. The dialogue should be made uninterruptible, it said.
They called for encouraging Pakistan and Pakistan administered Jammu and Kashmir to enter into dialogue on the basis of points emerging from GoI-Hurriyat talks. They proposed agreement between India and Pakistan to promote civil society interactions for Jammu and Kashmir on both sides of the LoC.
They proposed an agreement between India and Pakistan to promote civil society interactions for Jammu and Kashmir on both sides of the LoC.
Referring to a number of delegations which stated that no permanent or lasting solution can be achieved unless it applied also to those parts of the former princely State which were under Pakistani administration, the Interlocutors said this would necessitate wide ranging Constitutional change in Pakistan administered Jammu and Kashmir. “If agreed, such harmonization will permit the development of joint institutions across the LoC for development, resource generation and other common matters”, they added and recommended that these issues should be discussed with the concerned representatives on other side of the LoC.
The Interlocutors recommended that the search for solution shouldn’t be made contingent on India-Pakistan talks. “If the stakeholders in Jammu and Kashmir are willing to enter into a settlement, the door can always be kept open for Pakistan to join”, they said, adding the key objective as Prime Minister Dr Manmohan Singh has also stated was to make to LoC irrelevant. “It (the LoC) should become a symbol of concord and cooperation”.
They said during their visit a unanimity was observed on hassle-free movement of people, goods and services across the LoC and the International Border leading to institutionalized cooperation between two parts of erstwhile princely State in all areas of mutual interest and concern.
“This would be best achieved if institutions of democratic governance are established at the level of the State, the region and the sub region in those parts of Jammu and Kashmir that are presently administered by Pakistan”, they said.
They added that there was broad consensus that diverse aspiration of three regions-Jammu, Kashmir and Ladakh and of sub regions of various ethnic and religious groups of people uprooted from their homes due to wars or endemic violence must be addressed. This, they asserted, called for financial and administrative empowerment of elected bodies at the level of the region, the district, the block and the Panchayat/Municipality.
“To promote the State’s economic self-reliance, a fresh financial arrangement between the Centre and the State was required. This would include a special dispensation for hilly, backward and remote areas and for socially disadvantaged groups”, they said.
On economic and social components of the `New Compact’, the Interlocutors suggested that various studies conducted on its over past several years should be considered by a high empowered group and their recommendations discussed and implemented.
They pointed out that many of the acute problems in J&K that led to the anger and frustration was witnessed in 2010 summer, stem from the mismatch of responses to a changing ground situation.
“Within the State, the armed conflict has almost ended. After 22 years of conflict, public expectation of administration and rule of law is high but the existing institutions, which have been greatly degraded due to conflict are not yet capable of fulfilling their promises.
“There is a general belief in the State that their problems stem from unresolved issues of political status and Centre-State relations. This belief is not justified. The years of conflict have bred institutional dependency and inculcated deniability amongst both its political elites and the administration.
“As far as political contours are concerned, there is greater unanimity on CBMs in each region and less on the elements of a lasting solution. This is not a major obstacle as the leadership level discussion between political parties about areas of convergence on political contours is yet to begin. However, it does introduce a note of caution”, the Interlocutors said.
They criticised the role of the media and journalists in the state for “inventing events for political game” and suggested a short-term training to hone their reporting and writing skills.
“The role of the media, too, has been complex, combining positive peace support with mistruths that undermine peace initiatives. Barring a small handful of anchors and reporters, the national media have underreported conflict areas and tend to focus on moments of violence or recrimination.
“The local media, by contrast, have given far more attention to peace process developments but-as occurs routinely in conflict situations-there are some amongst them who are selective in what they report and biased in favour of one or another political position,” the interlocutors’ report said.
The report found “flaws” in the role of a few journalists who “invented” quotes for their stories, which resulted in “stumbling block” for peacemakers.
Commenting on the role of journalists in the state, it said “a few even go as far as inventing events and quotes for stories. To these few, journalism appears to be a political game rather than the pursuit of fact”.
“The negative fallout from this kind of journalism is that it acts as a brake on peacemakers who wish to move forward from stated positions, especially amongst the dissident groups,” the interlocutors said.
The report of the interlocutors recommended that curbs on Internet and mobile telephone usage need to be urgently reviewed.
It has suggested newspaper editors in the State b

Excelsior Correspondent
SRINAGAR, May 24: Chief Minister Omar Abdullah today sought a few days’ time to examine and discuss the report of the interlocutors, which has ruled out a return to pre-1953 position.
“Will take a few days to examine the report, discuss it with senior colleagues (and) then react,” Omar said on micro-blogging site Twitter.Com.
The interlocutors’ report ruled out a “pure and simple return” to the pre-1953 position, which has been the main demand of the ruling National Conference, and favoured setting up a Constitutional Committee to review all Central Acts and Articles of the Constitution of India to the state extended after 1952.
Interlocutors said the return to pre-1953 would create a “dangerous constitutional vacuum” in the Centre-State relationship.
“The clock cannot be set back,” the report said.
In another tweet, Omar said he will not be reacting to the report for time being.
“Dear friends in the media, I will not be reacting to the interlocutors’ report for the time being, will let you know when, and if, I am ready to,” Omar said.

NEW DELHI, May 24: The interlocutors on Jammu and Kashmir will be ready to engage with separatists groups including Hurriyat Conference in the feedback process on their report submitted to the government.
“We will be more than willing to approach the separatist groups to engage with them let them give us their feedback on specifics on the report of what it said.
“Let them also know that the focus of the report is on the political aspirations of the people of Jammu and Kashmir….” Dileep Padgaonkar, one of the three interlocutors, said after government made public their report.
He said the government has encouraged them to get the feedback. “It is only after getting the feedback including from the political parties and once a consensus develops, the government can take a view on it,” he added.
Asked whether their report reflected the opinion of separatist groups like Hurriyat Conference, he said the interlocutors team has met more than 700 delegations and represents all shades of opinion.
“It is true that the separatists did not meet us. We made every effort to meet them but they did not meet us. However, their views are well known and taken into account in the writing of the report,” he said.
Besides Padgaonkar, Jamia Milia University professor Radha Kumar and former Information Commissioner M M Ansari were the other two members of the group which submitted its 176-page report to Government last year.
Padgaonkar said that they would be holding series of debates and discussion with political parties to get a “structured feedback for the report” and would like an informed public debate on it.
Asked about their recommendations about making the Line of Control as irrelevant, he said “we want the movement of goods and people across the LoC to become as hassle free as possible so that the LoC turns into a Line of Concord and Cooperation.”
Asked whether the interlocutors were pressing for a pre-1953 status by recommending setting up of Constitution Commission, which will review all the Acts and Articles introduced after 1952, he said that there had been differing views on this since the time of former state Chief Minister Shiekh Mohammed Abdullah.
Sticking to the stand taken by them in the report of not pleading for turning the clock back, he said there was a need to look at the future and “the future should take into account the changed security and economic situation.”
“We have said most of these Articles and Acts are fairly innocuous. There are barely five or six issues for which we need to discuss.
“They concern appointment of Governor, the powers of the Governor, the nomenclature issues, etc. Etc. And in each case we have given our own options of what we think ought to be done.”
Padgaongar said this will be obviously taken into consideration by the Constitution Commission but the crux of the report is that the people of Jammu and Kashmir should be empowered in order for them to exercise their civic and political rights.
While this empowerment should be acceptable to all the three regions of the state, it should also be in favour of those communities which have been uprooted from their homes because of force, wars and endemic violence.
He said the report has a three-fold approach which included “one, to ensure finesse between the State and the Union, the second on devolution of political, administrative and other powers within the state and the regions and the third is on cross LoC dealings.”
Asked whether the Government has deleted any portion of the report, he said “the report has been taken absolutely in totality. The way we have submitted it, it has been put up on the website.”
Asked whether there was any time frame to complete the feedback process, Padgaonkar said “we are very clear, just as we completed our work in a year’s time, we will like to complete this exercise as soon as possible.
“Say maximum of four months and then we will report back to the government on the feedback that we get. The fact of the matter is that any delay as seen in Jammu and Kashmir buying tactics and so on. We have now laid to rest this apprehension that the report will be kept in cold storage.”
He said the government decision to put the report on the official website is a bold decision and courageous.
To a question whether they favour abolition of Article 370 while recommending special status for Jammu and Kashmir under Article 371, Padgaonkar said “what we have said is that we are not inventing something. Under article 371 there are several states of the Union which have been designated as special category states.
“We have just said that you remove the word temporary as regards J and K and use the word special as it is being done in the case of several states. We have listed the state which come under the category of special states. Instead of temporary, we wanted to put the word special in line with what is being done with the other states.” (PTI)

More evidence given against LeT founder
ISLAMABAD, May 24: Countering Pakistan’s stand that there is no “concrete” evidence against LeT founder Hafiz Saeed, India today insisted that it had provided additional evidence against him and his associates which should be presented in Pakistani court to prosecute the suspects in Mumbai attacks case.
On the opening day of the two-day Home Secretary-level talks, India also asked Pakistan to hand over underworld don Dawood Ibrahim besides several Indian Mujahideen leaders who are believed to be based in the country.
Home Secretary R K Singh said that Indian authorities had provided their Pakistani counterparts additional proof against Saeed while the Pakistani judicial commission that visited Mumbai in March had gathered evidence against the perpetrators of the terrorist assault on India’s financial hub in 2008.
The additional evidence should be presented in the Pakistani court and used to prosecute the terror suspects, he told the media at the conclusion of today’s talks with his Pakistani counterpart, Interior Secretary Khwaja Siddique Akbar.
At the same time, Singh said the 2008 Mumbai attacks should not be equated with the 2007 bombing of the Samjhuata Express train.
The assault on Mumbai was an incident of cross-border terrorism while the train bombing had occurred within India, he pointed out.
Indian authorities had arrested and charge-sheeted those responsible for the bombing of the Samjhauta Express, Singh said.
Before the beginning of the talks, Singh had expressed concern at the tardy prosecution of the perpetrators of the Mumbai attacks.
“It seems that the progress in judicial proceedings against them (persons charged with involvement in the Mumbai incident) is very slow. Many persons who are the actual accused have not been brought before the courts,” Singh told reporters this morning.
During the talks, the two sides discussed a wide range of issues, including terrorism, drug trafficking, a relaxed visa regime, networks involved in circulating fake currency and humanitarian matters, including the release of civilian prisoners and fishermen held in jails in both countries, official sources told reporters.
The Indian side also demanded handing over of fugitives allegedly sheltering in Pakistan, including mob boss Dawood Ibrahim and several Indian Mujahideen leaders, sources said.
The Pakistani side raised the issue of action against those responsible for the bombing of the Samjhauta Express, which killed nearly 70 people, including 42 Pakistanis.
Singh said he was confident the discussions would be successful “as terrorism affects us all and we are committed to fighting the scourge of terrorism in all its forms and manifestation so that the cost it imposes on our primary objective of rapid economic and social development in the subcontinent is negated”.
“This is in the interest of our two countries, the region and beyond,” he added.
The two delegations gathered at a hotel in the heart of Islamabad for the talks.
The last round of talks between the two secretaries was held in New Delhi in March last year.
The inclusion of National Investigation Agency chief S C Sinha and other officials involved in the probe of the Mumbai attacks in the Indian delegation was a clear indication of New Delhi’s intention to push for the prosecution of perpetrators of the terrorist assault on India’s financial hub.
Seven Pakistani nationals, including LeT operations commander Zakiur Rehman Lakhvi, have been indicted for planning, financing and facilitating the deadly attacks that killed 166 people in November 2008.
However, their trial by an anti-terrorism court in Rawalpindi has stalled for over a year due to various technical reasons.
Despite the visit of the Pakistani judicial delegation to Mumbai in March to gather evidence and record the statements of key Indian officials, no headway has been made in the trial in recent weeks.
Indian officials have said the Pakistani side has not acted on evidence provided by New Delhi that linked several serving and retired military personnel to the attacks.
Islamabad has also not responded to New Delhi’s request for voice samples of the seven suspects arrested in Pakistan.
India’s demand for action against Hafiz Saeed was strengthened after the US recently offered a USD 10 million bounty for the LeT founder.
Islamabad has claimed that the evidence provided by New Delhi is not sufficient to take legal action against Saeed, who has led several massive rallies against the US and India in recent months.
Ahead of the talks, Indian officials said the two sides had given the finishing touches to a new relaxed visa regime that will for the first time include group tourist visas, visas on arrival for senior citizens and children and year-long multiple-entry visas for businessmen.
The two secretaries are expected to ink the pack by the conclusion of the talks tomorrow, official sources said.
However, some reports in the Pakistani media claimed that the visa agreement is unlikely to be signed as the Pakistani cabinet had not approved it at its last meeting yesterday.
The reports said Interior Minister Rehman Malik had not brought the agreement before the cabinet for approval.
An unnamed Interior Ministry official was quoted as saying by The Nation newspaper that authorities had decided to delay the signing of the new visa agreement till the next meeting of the Home and Interior Secretaries.
The two countries have been working on the draft of the new visa agreement for over a year.
In his arrival statement here, Home Secretary Singh said he was looking forward to “frank and meaningful” discussions with his Pakistani counterpart.
“We have come with an open mind and a constructive spirit to take forward our engagement and resolve all issues through bilateral dialogue,” he said.
The talks between the Home and Interior Secretaries are “foundational to most other aspects of our bilateral engagement, as the resumed dialogue process, other CBMs and enhanced people-to-people contacts can only succeed in an atmosphere free of terrorism and violence”, Singh said. (PTI)

Excelsior Correspondent
MUMBAI, Mar 24: Strongly opposing the Interlocutors report on J&K Bharatiya Janata Party (BJP) today said that it has been deliberately released 36 hours after the Parliament was adjourned, since die to avoid Parliamentary accountability on the recommendations.
Though it was not on its agenda the report came for discussion in the two -days BJP National Executive meet which started here, this morning soon it was released by Union Home Minister P Chidambaram today. The Party on the instance of Leader of Opposition in Rajya Sabha Arun Jaitley drafted a special resolution and adopted the same rejecting the report in totality.
Later the Party national spokesperson, Nirmala Sita Raman and BJP J&K chief Spokesperson and National Executive member Dr Jitendra Singh told reporters that Party has rejected the report in totality.
While reacting to the report on its preliminary examination the BJP expressed its disappointment on the same. Terming the report as a verbose document, the Party said that it is written in denial about certain basic realities.
The party said that some of the facts, which the report has ignored included that Pakistan has not reconciled to Jammu and Kashmir being integral part of India and it is not likely to cooperate in terms of resolution of the political issue. But this basic fact has no mention in the report, it added.
Moreover the interlocutors in their report have failed to offer any solution to the cross border and local terrorism which is engineered either from Pakistan or local separatist groups other than suggesting dilution of anti terrorism steps, it said.
Maintaining that the future of secularism and coexistence in the Kashmir Valley is in jeopardy where Pandits and Sikhs have been tortured, threatened, killed and compelled to leave the Valley, BJP alleged that the report has failed to offer any response to their rehabilitation demand.
Accusing the interlocutors of weakening the Indian position on PoK, which as per the resolution of Indian Parliament of 1994 is an integral part of India, the BJP said the report proceeds on the basis that PoK is and will be Pakistan administered and refers to it as PAJK (Pakistan Administered Jammu & Kashmir) which is strongly objectionable.
The BJP further criticized the report saying it has failed to recognize that Article 370 has been a psychological barrier between the State and the rest of the country, which has prevented investment and total integration of the State with rest of the country. The Party statement said it has also weakened the Constitutional link between the State and the rest of India and instead of recommending the abolition of such a provision of Constitution, the report recommends that it may be made permanent by suggesting the replacement of “word temporary with the word special’’.
Opposing the report BJP said that it has created a hope for the future for recreating the offices of “Wazir-e-Azam’’ and “Sadar-e-Riyasat’’ and recommended that the nomination of Governor to be initiated by the State Assembly. Besides the report recommended the review of all post –1952 laws and their application to the State of J&K which is not acceptable to the people of entire country, it added.
Terming it a disastrous step BJP said since several laws made applicable to the State after the martyrdom of Dr Shyama Prasad Mukharjee in 1953 and the Indira Sheikh accord in 1975 will be reconsidered.
Moreover BJP said there are several areas of reservation that the party has on this report as founder of Bharatiya Jana Sangh (BJS) Dr Mukherjee sacrificed his life to prevent “ two Vidhans, two pradhans and two Nishans’’ in one country and it will never accept any such move which tends to recreate what Party has already rejected. Hence on these grounds the Party rejected all these aspects of the report in their entirety.
Meanwhile, Dr. Jitendra Singh said BJP will hold nation-wide agitation at every fora against the Interlocutors report.

Midnight crackdown : over dozen JCC leaders arrested

Fayaz Bukhari / Gopal Sharma
SRINAGAR/ JAMMU May 24: In a midnight crackdown police arrested around a dozen of State government employee leaders from different parts of Kashmir valley while the work in most of the Government departments and the PSU offices remained paralyzed today as employees went on a three-day strike across the State.
In Srinagar, Jammu, Leh and all other district headquarters, the employees held protest demonstrations and staged dharnas to press for their demands. The attendance in the offices was thin while in Civil Secretariat, the work remained unaffected. The general public had to suffer while patient care in many hospitals also got affected due to strike.
The midnight arrest of the Government employee leaders was carried out after they rejected the Government’s appeal to shun the path of confrontation.
Around one dozen Joint Consultative Committee (JCC) members of the Government employees were arrested during raids conducted by police on their residences at midnight.
The employee leaders Ram Kumar Sharma, Khursheed Aalam, Abdul Qayoom Wani and Mohammad Gafoor Dar condemned arrest of the employees and said that by these arrests government has taken a confrontational course.
Those arrested include Abdul Qayoom Wani, Mohammad Khurshid Aalam, Mohidin Muntazir, Khursheed Ahmad Bhat, Farooq Trali, Khalid Mehmood, Abdul Qayoom Beigh, Haji Bashir Ahmad Bhat, Abdul Qayoom Beigh. Three more employee leaders Mohammad Rafiq Rather, Ghulam Mohamamd Changal and Irshad Ahmad were arrested from Baramulla while protesting against arrest of the employee leaders.
President of the EJAC (R) and senior JCC member, Ram Kumar Sharma, warned to intensify agitation after what he said government’s confrontational attitude towards the employees.
Kumar said that issues raised by the government employees have already been accepted by the Government and they have failed to implement it. He said that by conducting midnight raids government has adopted confrontational approach.
He asked the Government to release the employee leaders immediately and threatened to intensify agitation. Holding government responsible for the employee agitation, Kumar said that they are backing out from the agreement which they reached out with the employees last year.
President of the EJAC (K), Khursheed Aalam, who was also arrested in a midnight raid on his house in Srinagar said that police action and arrests will not deter the employees from demanding their rights.
“Our demands are genuine and government cannot resolve this matter by what they are doing. Arresting the union leaders is not a solution. Government will be responsible for whatever repercussion this will have”, warned Aalam.
The president of the EJAC (Q) and senior JCC member, Abdul Qayoom Wani, while condemning the midnight police crackdown against the employees said that employees are not running an underground movement. He said that government has been shaken by the unity shown by its employees and the crackdown is an act of frustration.
Wani said that they will intensify their agitation and won’t be cowed down by such government tactics. He said that his house at Tangmarg and his Father-in-Laws house at HMT Srinagar were raided by police. He alleged that his father in law who is terminally ill was harassed by the police during the raid.
Normal work in majority of Government offices was affected across Jammu region with the strike of the State employees while a large number of workers from several Government departments and Public Sector undertakings held protest demonstration and a day-long dharna at Exhibition Ground near Press Club here today.
On the first day of the three-day strike call given by the Joint Consultative Committee (JCC), comprising representatives from EJAC/ various other employees’ bodies, the employees and workers held protest demonstration at district headquarters and also at their offices. The attendance in the Government offices and PSUs remained very thin. While the general public suffered due to employees’ strike, the work in the emergencies of the hospitals remained unaffected. The operational staff of PHE, PDD, Health and CAPD was exempted from the strike. In hospital wards, the patient care was affected with the employees’ strike.
In Jammu city, a large number of employees led by senior trade union leaders Ram Kumar Sharma, Balwan Singh Jamwal, Parshotam Sharma, Ganesh Khajuria, Madan Sangral, Kulwant Singh, Amrik Singh and others assembled at Press Club and held massive protest demonstration in the morning. These leaders also addressed the employees’ gathering and strongly criticized the Government for its attitude. They alleged that Government has forced the employees to come out on the roads as their already agreed demands have not been finally settled.
The speakers alleged that the demands regarding enhancement of retirement age from 58 to 60 years, regularization of daily rated, consolidated/casual workers has not been addressed, issue of pay anomalies has not been settled and large number of PSU workers have been deprived of the 6th Pay Commission benefits. Their arrears have not be released and conditions on the GP Fund drawls have been imposed by Government.
Senior JCC leader Ram Kumar condemned the Govt’s repressive attitude and said that top JCC leaders who were arrested while sleeping at their respective houses in Kashmir last mid night be released unconditionally otherwise, the employees from the entire State would be forced to intensify the agitation. He said the employees were agitating peacefully within democratic limits. The leaders had not gone underground. Arresting them during midnight and causing harassment to their families while sleeping, is considered as cowardice act of the cops and it depicts utter frustration of the Government.
The employees in Jammu city also staged protest dharnas in various offices. In Rajouri employees staged protest outside the office of DC and CEO Rajouri. It was followed by day long dharna. Similar reports of protest dharnas were received from Kathua, Samba, Udhampur, Reasi, Poonch, Ramban, Doda and Kishtwar districts and several tehsil headquarters.
In the meantime, JCC members Mohammad Gafoor Dar, Rafiq Ahmad Khanyari, Faiaz Ahmad Shabnam and Fayaz Andrabi addressed a hurriedly arranged press conference in Srinagar to condemn the arrest of senior employees leaders and announced that the agitation programme will go ahead as per the already announced schedule.
It may be mentioned here that tomorrow Government employees are scheduled to march towards Srinagar’s Civil Secretariat to press for their demands and will also court arrests. On May 26, they will march to Rajbhawan in Srinagar to seek governor’s intervention in the implementation of the agreement they reached with government last year vis-à-vis their demands.
Dar condemned the arrest of the top leadership of the government employees. He said that they will intensify agitation and there is no need to hold talks with the government as they have to implement the agreement that has already been signed by both the parties. He said by offering talks on the issue to employees, government is trying to delay the process of implementation of the agreement which was due to be implemented in March.
Dar said that government employees don’t want confrontation but they are being forced by the state government for strikes and agitation. He urged the political parties to build pressure on the government for the implementation of the agreement.
The state government employees demand enhancement of retirement age from 58 to 60 years, regularisation of daily wagers in different government departments and removal of pay anomalies.
Nearly 4.5 lakh employees remained off duty today in response to 3 day strike called by the JCC of government employees. However, the work in Civil Secretariat was not affected by the strike.
The protest marches were held at district headquarters by state government employees across the state to press for their demands.
Meanwhile, over 1000 employees including their top leadership have left for Srinagar from Jammu and other parts of the province to take part in the Civil Secretariat `Gherao’ programme tomorrow. They include Ram Kumar Sharma, Prushotam Sharma, Balwan Singh Jammwal, Madan Sangral, Kulwant Singh, Shahid Hussain and Ganesh Khujuria.

Excelsior Correspondent
JAMMU, May 24: The Interlocutors have criticised the State Government’s policy on advertisements and described ‘Kashmir Times’ newspaper as more ‘pro-movement’ than two other dailies of Kashmir.
In their report, the Interlocutors said the Government advertisements in the local press were being issued on selective basis..
“The advertisements have been reduced in the case of ‘Greater Kashmir’ and ‘Rising Kashmir’ but not in ‘Kashmir Times’, which is more pro-movement than the years”, the Interlocutors said.

MUMBAI, May 24: NDA today declared a Bharat Bandh on May 31 against the steep hike in petrol prices and spiralling prices of essential commodities.
Senior BJP leader L K Advani announced the decision in his capacity as acting chairman of the NDA, party spokesperson Ravi Shankar Prasad told reporters here.
He said there was widespread anger among people over the way petrol price has been increased. The hike is an anti-people move by the Government, Prasad quoted Advani as saying.
“We appeal to the people to make it a great success by conveying their profound anger and protest against this decision,” Advani said, adding the call for bandh was given after consulting all allies in the NDA.
Asked if BJP-ruled states will waive VAT on petrol, like the Parrikar Government did in Goa to benefit consumers, Prasad said the problem was with the bad governance at the central level.
NDA convenor and JD-U President Sharad Yadav said in Delhi that the alliance will talk to other parties also to elicit their support to the bandh.
He trashed Government’s argument that the hike was done by petroleum companies as the pricing of petrol was deregulated, saying, “This is an eyewash…”
He asked why the hike was not announced when Parliament was in session and why oil companies did so the very next day after the session got over.
“The Government will also be increasing prices of diesel and LPG after the Presidential elections are over,” he said.
The JD(U) chief also accused the Government of being a “total failure” in checking prices of essential commodities. (PTI)

Excelsior Correspondent
KISHTWAR, May 24: Patron of the Peoples Democratic Party (PDP) Mufti Mohammad Sayeed today called upon the Congress led United Progressive Alliance (UPA) Government to accelerate the reconciliation process with Pakistan to establish sustainable peace in the sub-continent. He hoped that the on-going process of dialogue between two neighbouring countries be taken to the logical conclusion by solving all bilateral issues including Kashmir.
Addressing a public meeting here today, Mr Sayeed referred towards positive development in Pakistan and said that situation in the neighbouring country has changed because the political establishment of Pakistan was giving encouraging response to the dialogue and reconciliation process. “It is an appropriate opportunity to speed up the reconciliation process”, he maintained while mentioning towards the Secretary level talks between two countries.
Reiterating resolve of his party to make Kashmir as a bridge between India and Pakistan for strengthening relations between two countries, he said that PDP has already played historical role in normalizing relations between India and Pakistan. He observed that opening of cross LoC routes was the biggest ever Confidence Building Measures (CBMs) between countries and credit for this CBM goes to the PDP.
While referring towards the report of three Interlocutors, which was made public today, PDP patron said that Interlocutors appointed by the Union Government have also emphasized on further facilitating cross LoC trade and travel.
Blaming successive National Conference regimes for creating trust deficit between people of Jammu and Kashmir and people of the rest of the country, he said that his party would remove this trust deficit. “We will not only remove trust deficit between the people of Jammu and Kashmir and rest of the country but also take some concrete steps to strengthen relations between residents of different regions of the State”, he said, adding, “PDP through its policies would remove the walls of hatred”.
Expressing his concern over mounting problems of the common masses due to the mis-governance of the present dispensation, he said that the Omar Abdullah led regime has failed to carry forward the agenda of development which was initiated by the previous PDP led regime. He regretted that various developmental works, which was started during PDP led regime, were still incomplete.
Pointing towards poor road connectivity in Kishtwar district, he demanded that work on Singthan-Kishtwar road should be expedited and work on Vailoo tunnel be completed at the earliest. He said that completion of Singthan-Kishtwar road would open new avenues for this backward and neglected belt of the State. He said that due to poor road connectivity, accidents have become a routine affair in this belt. He exhorted the people to agitate for their demand of better road connectivity and other basic amenities like health, education etc.
PDP patron regretted that national flagship progammes like Pradhan Mantri Gramin Sadak Yojna (PMGSY) were not properly implemented in this belt which has poor road connectivity. Most of the projects sanctioned under PMGSY were incomplete due to nexus between contractors and influential persons.

Excelsior Correspondent
SRINAGAR, May 24: Police today busted a Lashker-e-Toiba (LeT) module in central Kashmir district of Budgam by arresting two militants who were planning to carry out attacks against security forces and vital installations.
A police spokesman said here that Budgam Police along with 35 RR of army arrested two militants, Irshad Ahmad Dar son of Mohammad Maqbool Dar resident of Narkara Budgam and Fayaz Ahmad Paul alias Fayaz Traila son of Abdul Gaffar Paul resident of Ompora Budgam.
Police said that the duo was involved in grenade attacks at security forces at Hyderpora and Ompora. The grenades used in the attacks were procured from Sopore, police said.
On the behest of LeT they were carrying out such attacks for which they were given cash rewards, Police added.
Police said that during their questioning it revealed that they were planning to target security forces, police and other Government vital installations in the coming days.
Meanwhile, at least two children were injured in village Yunsu at Handwara in the frontier district of Kupwara today. The two children were playing near a river and a live shell exploded causing injury of Aaqib Bashir, 9, and Insha Mir, 11.
The two injured children have been removed to Srinagar’s SMHS Hospital for treatment.
Reports said that they had found this explosive somewhere while they were playing and were fiddling with it when it exploded.
During this month one Tariq Ahmad Shah was killed by shell that exploded in Mawar village in Handwara, two live grenades were recovered from Shantnu Handwara, a live shell was recovered and diffused by police in village Shathi, Handwara.