‘Independent operations will create law & order problem’

NEW DELHI, May 5: Congress ally National Conference today articulated its reservations over the Centre’s NCTC stating the present form makes it as stringent as the controversial Armed Forces Special Powers Act.
Turning down the proposal in a polite manner, Jammu and Kashmir Chief Minister Omar Abdullah also pointed out that the issues raised during the meeting of various State officials chaired by Union Home Secretary R K Singh last month have not been incorporated in the new draft circulated by the Centre.
Omar said the proposal in the NCTC for handing over the arrested persons and seized material to the nearest police station “as soon as possible” makes it “almost as stringent as the existing provision available under AFSPA.”
“This is likely to have far reaching consequences in our State which is politically sensitive. We have been advocating for revocation of AFSPA and it has been welcomed by all shades of people in the State”, he said.
Therefore, “mandating the NCTC with such powers may run counter to our efforts towards the removal of AFSPA at least from certain areas, and can generate avoidable criticism”, Abdullah said.
Speaking at the Chief Ministers Conference chaired by Prime Minister Manmohan Singh, Omar suggested that the NCTC should assume the role of a coordinating agency, instead of controlling or prescribing counter terrorism priorities for each stakeholder.
The power of arrest and search should remain with the local police only, the Chief Minister said.
“The power of arrest and search to be conducted independently without the State police being a part of the exercise may result in overlapping of responsibilities of the law enforcing agencies and can have local operational sensitivities especially, in the context of the situation in Jammu and Kashmir”, he said.
Omar said the Unified Headquarters in the State enunciated an SOP for operations under which Army and Security Force Units engage in operational searches and cordons with the State police being associated with it. “We can have similar arrangements for the NCTC,” he said.
“The management of events after the conduct of operations is as important as the operation itself. The State police knows the background, topography and problems of the people with bearings on the security of the State,” Omar said.
He warned that independent operations by the NCTC without involving the State police can cause serious law and order concerns which will have to be borne by the local administration.
“It may, therefore, be advisable for NCTC to have prior consultation with an officer designated for this purpose by the State Government before launching its operation or undertaking arrests”, he said.
NCTC may also provide technical assistance in terms of communication interception and financial investigation to the State police and also provide legal help by way of monitoring and prosecuting persons who are involved in crime in more than one State.
The proposed body could also consider devising an institutional mechanism to look at the external dimensions of terrorism and consider apprehending, prosecuting and bringing to justice the terrorist leaders who are taking shelter in other countries, the Chief Minister said.
He said the amendments should include that the Director of NCTC should consult the State Director General of Police before launching any operation in the State.
Though the State welcomed the role of ‘Collection and Dissemination of Intelligence’ and its ‘Analysis’ by the proposed NCTC, Omar said, the need for vesting it with the powers to undertake independent Operations could be revisited so as to make it consultative.
Omar said terrorism was a global problem and created a sense of insecurity and instability and a loss of confidence in the ability of the established institutions to protect the common man.
“As terrorism manifests in different forms, our endeavours and strategies to curb terrorism cannot be individualistic but have to be cohesive, collective and united, so as to achieve the ultimate objective of a terror free country.
“We have to ensure that our responses to fighting terrorism are not episodic and our approach has to be crafted in a manner that it complements and synergies the efforts of all the stakeholders rather than supplanting them”, he added.
Omar said while there has been an improvement in the overall security situation, the threat to peace has not completely vanished.
“We, therefore, cannot commit the mistake of being complacent as anti-national elements are waiting for opportunities to thwart the peace and development process”, he asserted. (PTI)

PM, HM appeal for broad consensus

NEW DELHI, May 5: An agreement still appeared to elude the Centre’s proposal on the NCTC with non-Congress States rejecting it as “not acceptable” and opposing it “tooth and nail”, notwithstanding appeals by Prime Minister Manmohan Singh and Home Minister P Chidambaram for a broad consensus.
A day-long meeting, convened by the Centre to bridge the differences with the States, especially a dozen non-Congress Chief Ministers who have opposed the National Counter Terrorism Centre, went on expected lines.
Even Congress ally National Conference voiced reservations over the NCTC in its present form saying it makes it as stringent as the controversial Armed Forces Special Powers Act.
Significantly, BJP leader and Chhattisgarh Chief Minister Raman Singh said they would support NCTC if their suggestions are incorporated and NCTC is suitably amended.
Making a strong pitch for the formation of NCTC, the Prime Minister said its establishment is not a State versus Centre issue but will work as a vehicle of country’s combined efforts to curb terrorism.
Stressing that NCTC will supplement the counter- terrorism capabilities of the States and not supplant them, Singh asked the State Governments to work with the Centre in dealing with terrorism.
In his speech, the Home Minister, the prime mover of the NCTC proposal, said terrorists do not recognise boundaries and the Centre and State Governments have to work together to make the country safe and secure.
“We have to work together. Working together – State Governments and the Central Government working together, the Opposition and the Treasury working together, civil society organisations and Government institutions working together – I am confident we can make the country more safe and more secure,” Chidambaram said.
Chidambaram pointed out that there are cases where, despite inputs regarding the presence of terrorists, the security agencies concerned did not act either due to lack of capacity or lack of a timely decision.
“Most of these cases concerned so-called ‘Jihadi’ terrorists and cadres of CPI(Maoists). What should the Central Government do in such cases?,” he said.
The Home Minister said “We have to work together. Working together – State Governments and the Central Government working together, the Opposition and the Treasury working together, civil society organisations and Government institutions working together – I am confident we can make the country more safe and more secure”.
The Home Minister said the NCTC will be an important pillar of new security architecture considering the fact that under the Constitution, countering terrorism is a shared responsibility of the Central Government and the State Governments.
UPA constituent and West Bengal Chief Minister Mamata Banerjee outright rejected the NCTC saying it was not required.
Banerjee said setting up of institutions like NCTC with the proposed powers of arrest and seizure upsets the federal structure of the country and strongly urged the Central Government to withdraw order on its formation as it was “not acceptable” to the States.
Accusing the Centre of behaving like “Viceroys of yore”, Gujarat Chief Minister Narendra Modi said constitution of NCTC is a conscious strategy to cast the Centre as an “omnipresent” ruler with States portrayed as dependent vassals.
Modi accused the Centre of changing the “well-defined and constitutionally mandated” boundaries of Centre-State relations and said there was a disturbing sequence of events in the recent past which revealed “centralists and autocratic mindset that militates against all canons of federalism”.
Opposing the NCTC tooth and nail, Tamil Nadu Chief Minister J Jayalalithaa accused the Centre of taking the country towards “autocracy” and demanded that a Sub-Committee of Chief Ministers be set up to go into the proposed body till when it should be kept in “abeyance”.
Launching an all-round attack on the Home Ministry, she alleged that Tamil Nadu was being shown “utter contempt” by the Centre which did not even send a copy of the order setting up the NCTC.
Strongly opposing Centre’s plan for setting up a NCTC, Bihar Chief Minister Nitish Kumar said the proposal violates the principle of federalism and the structure adopted for it suffers from serious and basic flaws.
Odisha Chief Minister Naveen Patnaik said no democratic country has given wide ranging powers to their secret intelligence agencies and similarly the NCTC should not be a part of the Intelligence Bureau. (PTI)

Jehangir Rashid
SRINAGAR, May 5: Two local militants owing allegiance to Lashkar-e-Toiba were killed in an encounter with a joint party of police and security forces in the Nillah village of Pattan area in North Kashmir’s Baramulla district today in the morning.
Two AK-47 rifles, six magazines and some other ammunition have been recovered from the possession of the slain militants.
Reports reaching here said that police and security forces received information about the presence of militants in the Nillah village late yesterday night. The village was immediately cordoned off by the advancing party and the encounter ensued today in the morning. The encounter turned out to be brief one and the two holed up militants could not offer stiff resistance to police and security forces.
The whole village was rattled by the exchange of gun-fire between the two sides. The locals of the area took refuge in their houses during the encounter and the situation turned normal only when the encounter ended.
The identity of the two slain militants has been established and both of them were locals.  They have been identified as Nissar Ahmad Mir and Mohammad Ibrahim Janawar. Both of them were the cadres of Lashkar-e-Toiba militant outfit.
Reports said that police and security forces cordoned off the village last night and did not carry any ambush during the night. They advanced towards the holed up militants and following this the encounter started. However, before militants could cause any casualty to police and security forces they were killed. The house in which they were holed up suffered minor damages during the encounter.
Police officials said that the operation was carried out jointly by the personnel of Police Station, Pattan and the soldiers of 29 RR. They said the militants fired upon the advancing party adding that the fire was returned. They said the militants were killed in the initial burst and there were no injuries to any of the police jawans or soldiers.
“Acting on specific information about the presence of armed militants in village Nillah Baramulla falling under the jurisdiction of Police Station Pattan, Police, Army Personnel of 29 R.R Unit, launched a joint operation and laid a cordon of the area, last night. During the process, militants opened fire on the advance party early in the morning, triggering an encounter,” said the police officials.
They added said that the encounter ended today in the morning with the elimination of two local militants, who were identified as Nissar Ahmad Mir son of Abdul Satar resident of Nillah-Pattan, Baramulla and Mohammad Ibrahim Janawar son of Gulam Mohammad resident of Sopore-Baramulla, both belonging to LeT outfit.
Reports said that the police and security forces asked the militants to surrender. However, this was turned down by the militants, thus leading to an encounter between the two sides. They said that as the militants turned down the surrender offer, the advancing party of police and security forces opened fire on the militants killing them on spot.
The Srinagar based spokesman of defence while giving details about the encounter said that on receipt of specific intelligence regarding presence of two armed militants in village Nillah-Hyderbeigh, Pattan area, a joint operation was launched by troops of 29 Rashtriya Rifles along with Jammu and Kashmir Police.
“The contact was established at 0515 hours and in ensuing fire fight, two armed terrorists were killed. Identity of the terrorists is being ascertained. Two AK 47 rifles, six magazines ammunition and other war like stores were also recovered,” said the spokesman.
He added that during the operation, army took adequate precautions to ensure that there was no casualty to civilians.  He said that conduct of successful operation showed high level of synergy between Jammu and Kashmir police and the Army.

New track being commissioned

Sanjeev Pargal
JAMMU, May 5: Pilgrimage to holy cave shrine of Shri Mata Vaishno Devi ji has recorded an impressive increase of over one lakh during first quarter of this year, setting the trend for arrival of one crore pilgrims for second consecutive year in 2012. Barring April, yatra to the cave shrine has recorded increase during all othr 3 months this year over corresponding period of last year.
About 27.62 lakh pilgrims have paid obeisance at Mata Vaishno Devi Bhawan during first four months of this year as against 26.49 lakh yatris, who had visited the shrine during the similar period last year, an increase of about 1.13 lakh.
Shri Mata Vaishno Devi Shrine Board (SMVDSB) Additional CEO Dr Mandeep K Bhandari told the Excelsior that the Board was bracing upto receive heavy rush of pilgrims during summer vacations from May to July. Though during past couple of years, the shrine of Goddess Vaishno Devi had been witnessing heavy rush almost throughout the year excepting winter months of December, January and February, still three months between May to July received maximum yatris.
In the month of January this year, 4.59 lakh pilgrims visited holy cave shrine this year as against 4.21 lakh in 2011 recording an increase of 37,941. In February, 3.92 lakh yatris had darshan of the Goddess this year while the number last year was 3.69 lakh, an increase of 23,113.
In March, the pilgrimage went up to 8.74 lakh as against 7.55 lakh of previous year, up by 1.18 lakh. However, it was in the month of April that the yatra came down to 9.61 lakh this year as compared to 10.32 lakh of last year, a decline of 71,291.
It was during 2011 that yatra to Mata Vaishno Devi shrine had crossed 10 million mark for the first time. Prior to that 87.3 lakh yatris had visited the cave shrine in Trikuta hills in 2010. In 2009, the number of yatris was 82 lakh while in 2008, 67.92 lakh pilgrims had visited the shrine.
Sources said going by the trend of first quarter when yatra has recorded an increase of over one lakh from the corresponding period of last year, there was every possibility of pilgrimage to Mata Vaishno Devi Bhawan surpassing the last year’s figure of one crore.
The SMVDSB authorities have already braced up for meeting the heavy rush of yatris in the upcoming months especially the summer vacations.
“It has been observed that during summer some water points run dry in the peak season. Efforts were being made this time to ensure that water supply was maintained at all points along the track from Katra to Vaishno Devi Bhawan including alternate track of Adh-Kunwari’’, sources said.
The Shrine Board was already working on another alternate track from Katra to Adh-Kunwari, which would be used exclusively by mules. When completed, the new alternate track would ease congestion on present track as all mules would be diverted to it, they added.
Work on this track was going on expeditiously, sources said, adding that the track was expected to be commission in the next few months.

Supari killing case takes U-turn

Excelsior Correspondent
JAMMU, May 5: The Supari killing case involving then Superintendent of Kot-Bhalwal Jail, Ch Nagar Singh, Ch Jaggar Singh and others took U-turn with a witness leveling serious allegations against the police officers while recording his statement before the Court of 2nd Additional Sessions Judge, Jammu.
According to the statement of Harmeet Singh, on March 18, 2011 he was taken to safe house where police subjected him to physical torture for about 8-10 days and asked him to appear as police witness otherwise he will be involved in the case and killed in fake encounter.
“Police taught me the statement for about three days and then produced me before Judicial Magistrate where my statement under Section 164-A was recorded under the pressure of police”, Harmeet said in the latest statement, adding that during the police custody he was tortured by several police officers including then DIG and presently IGP Farooq Khan. He denied that he was knowing Nagar Singh and Sunny Baba personally.
According to the police case, Yudhvir Singh, Sumit Chowdhary alias Sunny, Rakesh Giri,  Akram Khan, Jatinder Kumar, Surinder Singh alias Shanti and Suresh Kumar alias Tunda played key role in the conspiracy hatched by Jaggar Singh in order to eliminate Sudhershan Singh Wazir.
Surinder Singh alias Shanti  was assigned the task of arranging weapons while as Suresh Kumar alias Tunda arranged a motor cycle bearing No JKO2P-4050 for accused Akram Khan and Jatinder Kumar by spending Rs 16,500.
On November 17, 2010, Suresh Kumar alias Tunda, Akram Khan and Jatinder Kumar armed with pistols and Desi Katta proceeded towards Deva Palace at Preet Nagar where Sudershan Singh Wazir had to attend a marriage function of one Jasbir Singh. However, the accused were identified by Jasbir Singh and others following which they fled away.
Thereafter, Surinder Singh alias Shanti took back the weapons. Tunda, Akram and Jatinder and handed over the same to Rakesh Giri, Yudhvir Singh and Sumit Chowdhary. On November 20, 2010, these accused persons again attempted to eliminate Sudershan Singh Wazir at City Palace, Bye-Pass but failed to succeed because of presence of SHO Police Station R S Pura, Gurmeet Singh at City Palace.
On November 21, 2010, SHO Police Station Miran Sahib received an information that accused had assembled in the Dak Bunglow at Maralian. He immediately swung into action but on seeing the police movement, accused fled towards Jammu.
The accused were chased near Satyam Resort but they started firing on the police party. Police also retaliated effectively and in the exchange of fire Rakesh Giri and Yudhvir Singh sustained bullet injuries on their legs. However, accused Sumit Chowdhary alias Sunny Baba succeeded in fleeing from the spot. Rakesh Giri, later, succumbed to injuries.
From the custody of Rakesh Giri, police recovered a pistol with four alive rounds. Moreover, one Desi Katta and four rounds were recovered from the custody of accused Yudhvir Singh alias Babloo. During further investigation, police recovered eight emptied cartridges of AK-47, two emptied cartridges of pistol 9MM and two emptied cartridges of pistol 7.65.
The Investigating Officer also seized one AK-47 along with magazine containing 22 live rounds, which were produced by Constable Amrik Singh. Two mobile phones belonging to accused Rakesh Giri and Yudhvir Singh were also seized.

Politicians misleading people by projecting it as alternate to NH1A

Mohinder Verma
JAMMU, May 5: Though 86 kilometer long historic Mughal road is being projected as an alternate to the Jammu-Srinagar National Highway on its completion by March next year yet it would not be an all weather road and remain open for normal vehicular traffic only for eight months a year because of vulnerability of 20 kilometer stretch to landslides and avalanches.
Official sources told EXCELSIOR that several politicians and Ministers have been misleading the people particularly of twin border districts of Rajouri and Poonch on this side and Shopian on Kashmir valley side by claiming in their oft repeated public speeches that Mughal Road would serve as round the year alternate route to the Jammu-Srinagar National Highway 1A.
Contrary to the claims of the politicians, 20 kilometer stretch of the Mughal Road from 35 kilometer milestone to 55 kilometer point is passing through such a terrain where frequent landslides during rainy season is a routine. Moreover, this portion of the Mughal Road is receiving massive snowfall during winter because of being passing through very high altitude area.
“This 20 kilometer stretch of the Mughal Road is situated at much more height than that of any of the high altitude portion of the Jammu-Srinagar National Highway 1A”, sources informed, adding “keeping in view the vulnerability of this stretch to snowfall, landslides and avalanches, the Mughal Road would remain open only for eight months a year and it would be totally out of bound for remaining four months”.
Stating that because of vulnerability of this 20 kilometer stretch the historic Mughal road would not provide all weather connectivity between two border districts of Rajouri and Poonch with Shopian, they said, “only tunnel is the option to avoid landslide and avalanche prone areas. Though the requirement of tunnel is being projected ever since the start of work on this historic road yet no decision has so far been taken”.
“During every rainy season and snowfall several new landslide zones are emerging particularly on 20 kilometer stretch and keeping in view this fact the construction of tunnel becomes more imperative”, sources said while disclosing that even yesterday Assistant Executive Engineer had a miraculous escape in the sudden shooting of stones near Peer Ki Gali.
Responding to a question, sources informed that 80 to 85 per cent work has been completed on the road. “We are well within the time-frame and will meet the deadline fixed by the Government of India”, they said, adding “the remaining work is in patches of 200 meter, 600 meter and 800 meter and work on the same would begin soon”.
Admitting that rock stability issues need immediate attention, they said, “some rocks would get stabilized with the passage of time while as in some stretches the rocks have to be pro-actively stabilized”, adding “the authorities concerned have decided to invite tenders in this regard in near future so that consultants are engaged to suggest measures required to be taken for stabilization of rocks”.

Fayaz Bukhari

Srinagar, May 5: The Housing and Urban Development department is sitting on the demolition drive of the illegal structures that have come up in summer capital Srinagar in gross violation of its Master plan.
According to figures available with the Srinagar Municipal Corporation (SMC) there are at least 1500 major violations of the Srinagar Master Plan with Shopping Complexes, Showrooms, Hotels, Schools and Hospitals coming up in Srinagar city without proper permission from SMC and No Objection Certificate (NoC) from various agencies like Srinagar Development Authority (SDA) and Pollution Control Board (PCB).
According to the SMC data major violations have been done mainly by the relatives of the Ministers, politicians (of ruling, opposition and separatist political parties), bureaucrats and big businessmen who have used their official position and money power to violate the law and choke Srinagar city.
The Vice Chairman of the SDA in December last year had sought directions from the Housing and Urban Development department, regarding Jammu and Kashmir High court directions in which it had asked the SDA to remove at least 96 illegal structures in Srinagar Nowgam Bypass area.
The VC, SDA (vide letter No. SDA/VC/2657 dated 02/12/2011) had sought directions from the Housing and Urban Development Department for demolition process of structures, the owners of whom had failed to respond to the notices and those who did not submit valid documents. “The demolition process is now to be initiated as per the directions of the High Court, therefore, further direction/kind guidance in this matter is solicited from the Housing and Urban Development Department”, says the letter.
But so far the Housing and Urban Development Department has neither responded to the letter sent by VC SDA and nor the VC SDA has sent any reminder and the court order has not been implement despite passage of its 12 weeks deadline.
The High Court order (dated 13-10-2011) in response to Public Interest Litigation (OWPPIL No. 1324 of 2011) by Youth Enlightening J&K Forum had directed the SDA to remove illegal constructions from Bypass, take appropriate action in accordance with law after giving opportunity to the persons/parties concerned.
The HC direction further says that such exercise shall be carried out by official respondents within 12 weeks from the date of filing representation before them. The representation was filed before the SDA on 18-10-2011, 5 days after the court order.
The SDA in response to the court order issued notices to 96 violators of which only 46 filed response while 50 didn’t bother to respond. The violators were asked to submit all record regarding land use and permission from the SMC. According to the documents filed by 46 violators to the SDA, almost all of them have grossly violated Srinagar Master Plan. The violators include Peaks Automobiles, Hotel Silver Star, Shuhul Automobiles, and Srinagar British School.
The violators of Srinagar Master Plan have no proper permission from the SMC, no NoC from SDA and no PCB clearance. However, some of the violators have managed NoCs’ from Block Development Officer (BDO) Baghate Kanipora, some from BDO Chadoora and others from Deputy Commissioner Budgam. All of them have no authority to issue such certificates as SMC permission is a must and SDA NoC is necessary as the later are custodians of Srinagar Master Plan. Some of the violators have managed Compound Fine from courts and others have got status quo orders from courts with the active connivance of the SMC and SDA authorities.
One of the violators’, M/S Shuhul Automobiles Pvt Limited, has managed permission from the Deputy Commissioner Budgam for the construction of workshop and showroom.
The Deputy Commissioner Budgam in its permission order has said: “in view of recommendation made by Tehsildar Chadoora vide QQ/07/242 dated 24-05-2007 and in continuation to NoC issued earlier vide this office No. DCB (BUD) SC/2K3/4066 dated 08-05-2003 Mushtaq Guroo is permitted to construct workshop cum showroom at Nowgam.”
The Deputy Commissioner’s permission order was based on report submitted by Tehsildar Chadoora, Budgam. The order quoted by DC Budgam says: ” Tehsildar has personally submitted to Deputy Commissioner’s Office vide No. QQ/07/242 dated 24-05-2007 has stated that the land on which workshop is proposed is not State land, Kahcharia, Shamilat, Nazool, Custodian or any public utility.”
Another violator, the Classic Health and Training Centre, Hyderpora Bypass has residential permission.  One Mukhtara Begum Wife of Ghulam Ahmad Mir got permission from SMC for construction of single storey residential house at Gulberg colony, Hyderpora. The permission was given under order number 579 of 2000 but the owners have constructed a huge hospital building in violation of the Master Plan.
Srinagar Bypass is not the only area where the Srinagar Master Plan has been violated. Large number of Shopping Complexes, Hotels and Schools have come up in posh residential areas of Karan Nagar, Jawahar Nagar, Raj Bagh and Gogji Bagh with active connivance of SMC authorities. These Shopping Malls and Hotels have no parking resulting in choking of Srinagar city. Few shopping Malls cum Hotels had kept space for underground parking but later it was also rented out to companies and shoppers have to park their vehicles on main roads.
And all these Hotels and Shopping Complexes that have come up in Srinagar are major threat to the human lives as well. The Coordinator Disaster Management Cell Kashmir, Aamir Ali, says that height of the building have to be maintained as per the guidelines in Kashmir valley as it comes under seismic zone-5. “These complexes and hotels are not only in violation of Master Plan but also are unsafe as they have not followed the fire safety guidelines”, says a Fire Service Official.
Last month after Dr. G N Qasba took over as new Commissioner for SMC, a portion of one of the restaurants, the Mughal Darbar restaurant and bakery, was partially demolished as it had come up in contravention of the SMC the permission cum guidelines. But it proved to be an eyewash as the demolition drive was started and stopped at Mughal darbar only while over 1500 violators have been spared.
The Master plan violation has resulted in chokeng of Srinagar city resulting in huge Traffic Jams. DIG Traffic Kashmir, Shafqat Ali Wattali says that the violations carried out by the owners of commercial complexes and Shopping Malls adds to the traffic in the Kashmir valley especially Srinagar city. He said SMC laws are being trampled by the owners of business complexes and they have no accountability.
“When blue-print of a particular Shopping or Commercial Complex is made, provision for parking space is kept but in these Commercial Complexes it is missing. No parking space is kept by these people and as such people park their vehicles on the road. According to the municipal rules 60 percent space in a Commercial or a Shopping Complex has to be earmarked for parking facilities but on ground nothing of this sort happens,” said the DIG.
The DIG said that single level and two level parking should be kept by the owners of the Shopping and Commercial Complexes. He said this would ease the traffic pressure on account of wrong parking. He said the violations are being brought into the notice of concerned departments. He said departments and agencies like Srinagar Municipal Corporation, Srinagar Development Authority, Roads and Buildings and Transport should take action against the violators of municipal laws.