SC stays Arrest Warrants against Anita Thakur in Katra police case

A division bench of the Supreme Court of India comprising JJ Mr. J.S. Radhakrishnan and Mr. A.K. Sikri directed the J&K Police not to arrest Ms. Anita Thakur (General Secretary-JKNPP) against whom non-bailable warrants were issued by Sub Judge Katra to arrest her and produce before the court on 1st November, 2013. Prof. Bhim Singh, Sr. Advocate appearing for Ms. Anita Thakur had mentioned this morning before the Chief Justice of India that the police in Jammu had raided the Panthers Party office last evening and wanted to execute non-bailable warrants against Ms. Anita Thakur in a case registered by Katra Police dated 7th August, 2007. He informed the court that Supreme Court had already issued Rule nisi in December, 2010 in writ petition filed by Ms. Anita Thakur, Mr. H.C. Jalmeria, Advocate and Mr. P.K. Ganjoo. The petitioners had sought criminal action against the police high-ups who were responsible for assaulting and beating the petitioners on August 7, 2007 while they were leading a peaceful procession of Jammu Migrants from Reasi to Delhi. The Supreme Court had passed judgment in Jammu Migrants’ case directing State Govt. to pay relief to the Jammu Migrants at par with Kashmiri Migrants in July 2006 which was not implemented by the Union of India and J&K Govt.
Prof. Bhim Singh said that cases have been registered against the petitioner although the writ petition stands admitted since 2010.
A fresh Crl. M.P. was filed this morning which was heard by the Division Bench comprising JJ Mr. J.S. Radhakrishnan and Mr. A.K. Sikri. The Supreme Court directed that the non-bailable warrants issued against Ms. Anita Thakur shall not be implemented till 1st November, 2013. Shri Ashok Mathur, Advocate for J&K State was present in the court.

Jammu & Kashmir Accession & Merger Day

&K Accession & Merger Day was observed with great pomp and show by several political and social organizations at India International Centre, New Delhi today. Former Professor Sushil Kumar of JNU presided over the function. Prof. Bhim Singh was the Chief Guest who on this occasion made historic revelations on the legality of Accession followed by the merger of J&K. He said that those people who have been shouting loud to please their foreign masters expressing doubt about the merger of J&K with the rest of the country have been misleading the nation. He said that Article 370 was enacted only to tame Maharaja Hari Singh as the Head of the State. The Constituent Assembly of J&K in a resolution terminated the Monarchy thus removing Maharaja Hari Singh as the Head of the State on 20th August, 1952. With this Act the temporary provisions of Article 370 became infructuous. These provisions have been on the constitutional ventilator since 1952 as it suited both the major national parties to keep the ghost of Article 370 alive. He said that Satan is kept alive so that the people out of scare shall visit their Church as was described by Arab poet and philosopher Khalil Gibran.
The excerpts of Prof. Bhim Singh’s speech are reproduced;
“The entire world is aware that J&K forms integral part of India. The Constitution of India is clear about it. The temporary presence of Article 370 in the Constitution of India has been exploited by some political interests though this provision has no relevance in the eyes of the Constitution. I would like to bring some of the important factors to the notice of the notables in the civil society, parliamentarians, political and social activists on the relevance of Article 370 and the failures of the Parliament of India to deal with the constitutional anomalies therein.
J&K acceded to the Union of India in 1947. Maharaja Hari Singh of J&K signed the Instrument of Accession on 26th October, 1947, 66 years ago in the presence of Shri V.P. Menon at Amar Singh Palace, Jammu. Dr. Karan Singh is the sole surviving witness to this historic event. The Accession was accepted by the Lord Mountbatten, the then Governor-General of India on the morning of 27th October, 1947. Accession was complete and the Indian Army took positions in Kashmir pushing out the Pakistani invaders from the Valley. The non-Kashmiri speaking areas including Mirpur, Kotli, Muzaffrabad etc. were taken over by the Pakistani Army on 25th November, 1947, a month after the Accession of the State. Gilgit-Baltistan including Chitral, Hunza and other adjoining areas now form part of Pakistan (illegal occupation) were occupied by Pakistan Army on 5th November, 1947. These factors have never been debated on any platform in India during 66 years.
Another controversy has been raised by some political vested interests hostile to India including the J&K Chief Minister in regard to the merger of J&K with the rest of the country. Nearly 550 States acceded to the Union of India and automatically got absolved at the time of writing the Constitution of India. J&K was the only State which was given a different treatment rather special treatment by the Constituent Assembly by introducing Article 306A in the draft Constitution which was later converted to Article 370. This needs a serious diagnosis by the historians how and why J&K was given a separate treatment. Maharaja Hari Singh, was the only ruler of J&K who was allowed to continue as the Head of the State (J&K). Article 370 suffered from several contradictions which could not be addressed in 66 years.
i).    Article 370 was added only to contain Maharaja Hari Singh as the Head of the State. This was the only Instrument to control the powers of the Monarchy through a cabinet committee headed by Sheikh Mohd. Abdullah. The Maharaja had to appoint Sheikh Mohd. Abdullah as the Prime Minister of J&K on 5th March, 1948.
ii).    The survival of the Monarch was essential to create a situation that J&K remains a separate identity. The situation compelled the Monarch to leave J&K for good on 20th June, 1949, after appointing his son, Yuvraj Karan Singh as the Regent (Raj Pramukh) of the State.
iii).    After having suffered utter humiliation, Maharaja Hari Singh dashed a final letter from Poona (Pune) to President Dr. Rajendra Prasad on 17th August, 1952. The letter is available in my book, ‘The Blunders & Way Out’ which deserves special attention of the historians of this country.
iv).    It was on 20th August, 1952 that the Constituent Assembly in a resolution terminated the Monarchy in the State. This came an end of the 106 years’ old Monarchy in J&K. This Constituent Assembly was constituted by the Regent, Yuvraj Karan Singh in 1951.
v).    With the termination of Monarchy, J&K got merged into the Union of India leaving no scope for the busybodies and the enemies of the country to exploit the situation. The temporary provisions in Article 370 came to an end. Article 370 since that date stands absolutely infructuous. Alas! The Great thinkers and law-makers in the country could not dare speak out the truth. Article 370 has become an obnoxious obstacle headache for the entire nation.
vi).    The Chief Minister of J&K made a declaration from the floors of the Legislative Assembly that J&K acceded to the Union of India but J&K never merged. This day I would like to remind the great countrymen, thinkers, parliamentarians and experts in the Constitution that J&K forms as good part of the Union as is the case with Rajasthan, West Bengal, Bihar, Hyderabad, Himachal Pradesh or any other state.
Let us resolve this day that India is one from Ladakh-Kashmir to Kanyakumari. Composite culture is the beauty of out nation. Let us make it clear that we are Indians first and Indians last.”
The prominent among those who addressed the distinguished audience included M/s. Prof. Sushil Kumar, Dr. Raghubir Singh Shekhawat, Pramod Kumar Gupta, Social Activist, Attar Singh, Advocate, Supreme Court, Dr. Manas Banerjee, Journalist, Sunil Pokhriyal, Social Activist, Ms. Renu Sharma, Kali Ram Tomar, Convenor, Bhartiya Samata Samaj, Rajiv Jolly Khosla, Working President-DPNPP, Sushil Khanna, Convenor Bhim Brigade, S. Sukhwinder Singh Siddhu, Trade Unionist, Ms. Nasreen Hamid, Journalist/Social Activist, Mrs. Sudesh Dogra, Political Secretary, Faiz Khan, a Descent of Martyr Asfaqullah Khan  who moderated the discussion.
A resolution was also passed unanimously which declared that the only dispute vis-à-vis Jammu and Kashmir with Pakistan is the liberation of entire 33000 sq. miles of territory from Pakistani occupation. The resolution also endorsed the view-point of Prof. Bhim Singh that J&K was merged with the Union of India in 1952 following the termination of Monarchy. The resolution also endorsed the proposition that Article 370 of the Indian Constitution has become infructuous and has no relevance at all.

J&K border residents forced to flee their homes under Pak-shelling, Govt stands helpless

Hundreds of residents residing along the International Border and LoC in the Districts of Samba, Kathua, Jammu and Rajouri-Poonch are fleeing their homes because of undeclared and heavy shelling from across the border by Pakistan. The Panthers Party team headed by its Samba MLA, Shri Yashpaul Kundal, General Secretary-JKNPP visited several villages in the border area in Hiranagar, Samba, Bishnah and R.S. Pura Tehsils to find out the situation the local people are confronted with. The team informed Prof. Bhim Singh, Chief Patron of JKNPP that several villages in Hiranagar and Samba including Sudoh, Suchetgarh Kulian, Kargal, Gallar, Bain, Cheleria, Chakawal and Gagwal, Urnia etc. in R.S. Pura Sector have been forced to leave their homes. They have no destination to reach because the State administration has not responded to their needs provide shelter for their families.

Prof. Bhim Singh has conveyed to Shri Sushil Kumar Shinde, the Union Home Minister about the situation the people have been facing along the International Border and Line of Control in Rajouri and Poonch Districts. For several days Pakistan has been shelling from across the IB and LoC the residential areas of the State whereas the governments State and Central both stand helpless. Mr. Kundal has informed that the State administration has not been provided any help to the people struggling to survive without food and shelter.

Prof. Bhim Singh accused both the Central and State governments for betraying the Common Minimum Programme which had agreed in a Joint Memoranda signed in November 2002 among the coalition partners which included Mrs. Sonia Gandhi, Dr. Manmohan Singh, Mufti Mohd. Sayeed, Prof. Bhim Singh and others. He said that the CMP signed by the parties had included para 12 & 13 in the CMP regarding the problems of the people living in the border areas. The memorandum stated;

i).      “Persons living close to the line of control and the international border face special difficulties due to recurrent tension and cross border violence. Permanent shelter will be constructed in all vulnerable areas to prevent loss of life. The Govt. will also devise a scheme to provide, wherever feasible, alternative land to such families in safe zones. (para 12 of the CMP).

ii).     The Government shall pursue the matter of due compensation to those people from the border areas of J&K who have suffered loss of crop and cattle due to security operations near LoC and the International Border (para 13 of the CMP).”

Prof. Bhim Singh accused the Kashmiri leadership and the Congress for having betrayed the commitment made by the leaders of all parties in the presence of Mrs. Sonia Gandhi and Dr. Manmohan Singh. He said that this situation had arisen when Pakistan started indiscriminate shelling during the Kargil War in 1999-2000.

Prof. Bhim Singh reminded the leadership in Delhi that the Panthers Party had filed a writ petition no.498/2001 seeking intervention of the Supreme Court for appropriate relief and protection to the border migrants. The Supreme Court issued direction to the Govt. of India on the writ petition on 04.02.2002, ordering,

“………..the Central Govt. should depute a Team of responsible officials to personally visit the migrants’ camps as well as the districts, if possible, and gives a report with regard to the relief measures which have been taken by the Government and whether the package referred to in paragraph 5 of the counter affidavit of Mrs. Mallika Arya, Deputy Secretary, Department of Food & Public Distribution, is being implemented.” It was because of the writ petition of the Panthers Party that the border migrants were provided food and shelter and other amenities by the Govt. of India and State Govt.

Prof. Bhim Singh said that the Panthers Party shall be knocking the doors of the Apex Court once again to seek honourable survival of the Indian citizens who have been forced to migrate from their homes because of the indiscriminate shelling and threat to the lives of the families.

The only dispute is illegal occupation of its territories by Pakistan & China Prof. Bhim Singh

The so-called dispute vis-à-vis Jammu and Kashmir has two aspects to be analyzed

historically and scientifically. Firstly, the external factor which involves Pakistan and

China both though Bangladesh as a splinter off Pakistan is also a shareholder in the so-
called dispute. Secondly, the internal insecurity prevailing in the Indian State of J&K

because of the regional imbalances and discrimination at various levels of politics,

recruitments and development.

The entire State of J&K as it existed on 26th

Maharaja Hari Singh acceded to the Union of India when the Governor-General of India,

Lord Mountbatten accepted the Instrument of Accession which was signed by the

Maharaja on 26th

of J&K with its internationally established area of 84,471 sq. miles comprised of entire

Jammu Pradesh, Kashmir Valley, Ladakh region & Baltistan-Gilgit region (under illegal

occupation of Pakistan) including Hunza & Chitral. Pakistani-sponsored invasion of J&K

took on 20th

the Govt. of the Maharaja. Pakistan continues to occupy 33,958 sq. miles of our territory

in utter violation of UN Resolution of 13th

Menon who exposed Pakistani claims on the floors of the General Assembly of the

United Nations in 1957. Indian leadership failed to take a cognizance of several violations

of the UN Resolutions by Pakistan vis-à-vis J&K. Indian leadership as well as its mighty

Army under the leadership of General Kariappa was capable enough to liberate all

occupied territories immediately after J&K acceded to India. Another unforgiveable

blunder was committed by the Congress by piloting Article 306A as a draft proposal vis-à-

vis J&K. This proposal was piloted by Shri Ayyangar who was Incharge of J&K Affairs. This

was most unfortunate that there was not a single representative in the Constituent

Assembly from Dogra land nor from Ladakh or Gilgit. This proposal which was inserted in

the Constitution of India as Article 370 recognized Shri Hari Singh as the Maharaja of J&K,

though, for ulterior motives to ensure a platform for Sheikh Abdullah’s dynasty. Another

blunder committed by the Congress leadership in Delhi was that the Govt. of India kept

silent when Pakistan signed Karachi Agreement with China leasing out J&K’s territory in

Karakoram measuring 4500 sq. miles on 99 years’ lease to build a National Highway

connecting Beijing (China) with Peshawar (Pakistan). This was another grave violation of

the UN Security Council Resolution. Earlier, Pakistan had refused to withdraw J&K’s

occupied territories as per mandate of the UN Resolution, 13th

not care to withdraw its Armies from the occupied areas of J&K. On the other hand

Pakistan had occupied Mirpur (former District of Jammu) and Kotli, presently included in

the so-called ‘Azad Kashmir’ (POK). On 25th

Accession of the State, Mirpur fell in the hands of Pakistani Army. India stood helpless.

October, 1947 under the rule of Dogra

October, 1947 at his residential Amar Singh Palace in Jammu. The State

October, 1947 a month after Pakistan had signed Standstill Agreement with

August, 1948. It was the only Mr. Krishna

August, 1948. Pakistan did

of November, 1947 exactly a month after the

Gilgit-Baltistan fell in November, 1947.

China had grabbed 9,171 sq. miles of J&K’s territory in 1962 and continued

expanding its occupation. Roughly, 20,000 sq. miles of our territories is under the

Chinese occupation. The national leadership irrespective of political affiliations and

status in the Parliament have literally ignored these hard facts. There is no public

awareness either. Thanks to the political parties and the politicians who are more

interested in power game and revenue collection than attending to the national issues

confronting Bharata today. Pakistan has been bluffing the entire world vis-à-vis J&K.

Pakistan has illegally grabbed 28,000 sq. miles of J&K’s territory in Gilgit region which is

integral part of the Union of India by virtue of J&K’s Accession to the Union in accordance

with the Act of British Parliament. Indian leadership failed to create awareness in the

international fraternity on the grave violation of UN Resolutions by Pakistan. This was

also a tragedy of the time that Anglo-American Bloc joined hands together to destabilize

India. Pakistan was a strategic partner of the Anglo-American Bloc. USSR had highly

important role in the United Nations regarding J&K. The international situation has taken

a very important turn with the emergence of new, pragmatic and courageous leadership

in Russia after Vladimir Putin took over as President of the Russian Federation. Syria

would have turned into Iraq had Vladimir Putin not acted promptly and boldly for the

sake of peace in the Middle-East.

Minister Nawaz Sharief to wake up the so-called J&K ‘dispute’ in the White House during

his recent visit, this has to be accepted that the extremist elements have a powerful

voice within Pakistan to create a situation disturbing democracy in Pakistan. Equally, this

is very important for the politicians in the sub-continent to understand that the White

House leadership has undergone a sea-change during four decades, may it be,

Afghanistan or Persian factor or US internal situation which does not allow the US to take

a further plunge abroad. The economy of the US has been sinking and the leadership is

not unified. The US has discovered India as its most profitable market in all respects. The

US needs profitable customers and a growing market to sell their outdated stuff. Dr.

Manmohan Singh’s closing international voyage to China via Moscow on the eve of

elections to the Parliament of India deserves a special attention of the politicians,

intellectuals, historians, critics as well as friends and foes of India. The external factor

relating to J&K needs a strong, committed, courageous, secular and nationalist

leadership at the Centre. Pakistani Army has been over ambitious and tasted power

without any responsibility towards its people. General Kayani is not happy to retire on

November, 2013. It is the Army which is looking for any excuse to take over power.

That is possible only if there is a reason to create a national emergency. Prime Minister

Nawaz Sharief has no control over General Kayani. Nawaz Sharief might have pleaded

with US President Obama to save his government from the wrath of his own Army. The

J&K external factor has to be addressed by the Indian leadership. India needs a uniform

foreign policy and a common policy vis-à-vis Jammu and Kashmir. Nobody can separate

J&K from rest of the country. After all J&K forms integral part of the Union of India.

The internal factor that is caused insecurity rather disturbed the internal security

from time to time needs to be addressed by the Parliament of India. The internal conflict

Whatever may be the reasons, soft or compelling for Pakistan Prime

is created by the blunders of Indian leadership. The Parliament of India is fully competent

under Article 368 of the Constitution to amend any part of the Constitution. Article

370 is a temporary provision. Is there any example in the Constitutional history of any

democratic country in the world that temporary would last for more than half a century?

Article 370 recognizes Maharaja Hari Singh as the ruler or head of the Govt. of J&K. The

provision of Article 370 became infructuous, the day, the Constituent Assembly of J&K

terminated Monarchy in J&K on 20th

it before the Constituent Assembly of India to introduce Article 370 was to contain the

ruler of J&K as desired by Sheikh Mohd. Abdullah. Those who have been arguing to retain

Article 370 as permanent feature in fact are advocating for the restoration of Monarchy

in J&K. The latest claim of the J&K Chief Minister that J&K had acceded to the Union of

India and not merged is highly mischievous and reactionary for the reason that whatever

powers Maharaja Hari Singh had retained for himself and allowed by the Constituent

Assembly for ulterior purpose came to an end with the termination of the powers of

Maharaja Hari Singh on 20th

as the Parliament committed one more blunder by abdicating its authority to legislate in

respect of defence, foreign affairs, communications etc., the subjects which were

expressly transferred to the Union of India by Maharaja Hari Singh. For 63 years, the

Parliament has never cared for the people of J&K to legislate in respect of the Central

Subjects enumerated in the List-I. There was no occasion to empower President of India

as the viceroy of J&K with a mandate to issue Presidential Orders in case of emergency to

introduce Central Laws subject to the approval of the government headed by the

Maharaja of J&K (read Article 370). This is another unfortunate obstacle in the process of

the integration of the State with rest of the country that Article 370 empowers the

President of India to legislate by issuing Presidential Order rather the President of India

has powers to amend any provision in Article 370 provided such a legislation is

recommended by the Constituent Assembly of J&K. Does it mean that the Govt. of J&K is

enjoying power superior to the President of India even? Is President of India or the

Parliament under the control of the Govt. of J&K? Neither Maharaja is there nor

Constituent Assembly. Does it mean that Parliament of India has no power even to

amend Article 370 in order to integrate J&K further with the rest of the country? That’s

why reorganization of J&K is inevitable and the only way to strengthen National

Integration and ensure end of regional imbalances and discrimination at all levels. The

Parliament must respect the popular will of the people of J&K who acceded to the Union

66 years’ back.

August, 1952. The very purpose as Ayyangar put

August, 1952.

It is the Parliament alone which is responsible for the internal chaos in J&K

Bhim Singh

(Chief Patron, National Panthers Party, Member, National Integration Council

& Sr. Executive Member, Supreme Court Bar Association)

66th Accession Anniversary of J&K Shall be observed in Delhi, J&K

66th Accession Anniversary of J&K shall be celebrated in the national capital, New Delhi on 26th October, 2013, the eve of the Accession Day. The JKNPP shall organise a grand celebration on 27th October, 2013 at Udhampur, J&K.

J&K acceded to the Union of India on 27th October, 1947 after the Maharaja of J&K, the only competent authority according to the Act of the British Parliament, signed the Instrument of Accession on 26th October, 1947 at his residential Amar Singh Palace at Jammu in the presence of Shri V.P. Menon.

Prof. Bhim Singh in his historic note addressed in the JKNPP affidavit addressed to the Supreme Court of India said that, “J&K finally merged in the Union of India on 20th August, 1952, the day J&K Constituent Assembly terminated the Monarchy thus ending all subjective conditions, if any, with the termination of Monarchy. Article 370 which was a temporary provision became infructuous with effect from the day of termination of Monarchy.”

J&K National Panthers Party has been observing with pump and show the Accession Day with the Union of India in the same spirit as the entire nation celebrates 26th January though the Constitution of India is not fully implemented to the State of J&K by virtue of Article 370, a temporary provision in the Constitution of India.

JKNPP observed Golden Jubilee of the Accession in New Delhi on 26th & 27th October, 1997 with participation of renowned Dogra Artist Allah Rakha Khan, Zakir Hussain, Ramanand Sagar, Pt. Shiv Kumar Sharma and parliamentarians including Dr. Karan Singh, Shri Ram Jethmalani and several other notables.

Prof. Bhim Singh has invited distinguished leaders from all political parties to participate in the celebration on 26th October, 2013. The invitees include Mrs. Sonia Gandhi, Shri L.K. Advani, Shri Sita Ram Yechury, Shri Mulayam Singh Yadav, Ms. Mamata Banerjee, S. Surjit Singh Barnala and others.