Panthers protest against Union Minister at PMO for the ousted of Prof. Bhim Singh from VP House New Delhi

Several Panthers party activists organized a massive demonstration at the Jammu residence of Dr. Jitender Singh of Udhampur MP and State Minister at PMO in New Delhi whom they accused as a culprit for the ousted of Prof. Bhim Singh from his guest accommodation in Vithalbhai Patel House, Rafi Marg, New Delhi.  Prime Minister Modi has instructed Delhi authorities to throughout Bhim Singh from Delhi for creating intolerable situation against BJP and Modi-Mufti government in J&K. 

Demonstrators were addressed by Ms. Anita Thakur, President Women Power, Bansi Lal Sharma, Advisor-JKNPP, Jagdev Singh Coordination Secretary,   S. Paramjit Singh Marshal, State President PTU, Rajesh Gondhi, Bashir-Ud-Din, District President Reasi, Ravinder Jamwal Provincial Secretary, Anil Rakwal District Jammu (Rural) President Young Panthers, Naveen Bali, Press Secretary, Vikram Singh, Baldev Singh etc.

Ms. Anita Thakur announced that if Bhim Singh who has been defending national interest for the past 55 years and fighting against anti-national forces in J&K, cannot stay in Delhi then Mr. Modi and Dr. Jitender Singh shall also go from Delhi very soon. 

The District Panthers Party Jammu (Urban) President Shri Naresh Chib, today passed unanimous resolution condemning high insulting behaviour towards a senior nationalist leader who has been serving the national interest and fighting corrupt, criminal and anti-national elements in the State for the past 55 years. He reminded the people that it was Congress which ousted Maharaja Hari Singh in 1949, jailed Pt. Prem Nath Dogra in 1951 and inflicted human insult and injuries to the prominent Jammu leaders for years including Shri Rishi Kumar Koushal, Thakar Baldev Singh and others whoever supported the national cause and raised national flag in J&K.

Prof. Bhim Singh is put to this situation only because he never compromised with the enemies of the country or with the corrupt and communal elements in the state.  He appealed to the Panthers Party activists particularly the youth and students to take up movement to the streets to express full solidarity with Sher-e-Jammu, Prof. Bhim Singh. 

Sd/-

 

The Magna Carta-2015 -Assembly of Jammuites

Jammu Club, Jammu Tawi

The Magna Carta-2015

Jammu Pradesh

(Besides AIIMS for Jammu Pradesh)

 

  1. Amendment in Article 370 to empower Parliament to legislate in respect of subjects listed in the Union List including Defence, Foreign Affairs, Communication etc.

The Parliament has surrendered its authority by enacting in law that bars the Parliament to legislate in respect of J&K. Another blunder committed by Govt. of India was inserting Article 35(A) in 1964 which has been interpreted by J&K High Court with dangerous consequences. The High Court has in its judgment dated 16.07.2015 stated that J&K legislature is ‘sovereign’ which amounts to challenging the sovereignty of the Parliament. Article 370 became infructuous in 1952 when Monarchy in J&K was abolished by the Constituent Assembly of J&K. Article 35(A) has to be abolished and Article 370 needs to be amended so as to empower Parliament to legislate, at least, in respect of the subjects mentioned in the Union List of Schedule-VII to remove all misgivings and end controversy.

  1. Reorganization of Jammu and Kashmir with the creation of Duggar-Pahari Pradesh (Jammu Pradesh) respecting geographical, political, ethnic and historical identities of Ladakh, Kashmir and Jammu Pradesh. The state founded in 1846 under the Treaty of Amritsar by Maharaja Gulab Singh, naturally under those circumstances, was heterogeneous state. It has three distinguished regions and reorganization is the only way out for the resolution of the present situation. Twin state formula can also be applied for the reorganization of J&K. This is very essential that Anglo-American plot to implement Dixon Plan is defeated for all the times which is possible by the reorganization of the state with amendment in Article 370.
  2. Immediate delimitation of Assembly constituencies in J&K on the basis of 2011 census.

National Conference government amended J&K Constitution in 2002 barring the increase number of Assembly seats or holding any delimitation of the constituencies till after the census is taken after 2026. It further amended the Constitution that there shall be no delimitation even for the rotation of the reserved seats or readjustment of the boundaries of the constituencies. This second part was not introduced in the central legislation even. Both NC and Congress opposed Panthers Party writ petition in the High Court in then in the Supreme Court. The BJP kept silence. The NC and PDP signed MoU in 2002 with Panthers Party agreeing to hold delimitation of the Assembly constituencies. They refused to implement their commitment. This was the beginning of discrimination with the people of Jammu Pradesh.

 

  1. Eight Assembly seats for POK refugees.

The Constitution of J&K has reserved 24 Assembly seats for the residents of POK (Muzaffrabad, Kotli, Mirpur, Ghaziabad, Rawalakote and all that). One-third of the population of POK have been residing in Jammu as refugees (still call migrants and have remained denied of their refugee status). One-third out of 24 means 8 MLAs should be taken from the POK voters residing in Jammu Pradesh since 1947. Also from other areas of Chhamb, Deva Batala etc. This is possible only when Jammu Pradesh is given twin status and brought out of the colonial command of Kashmir Valley.

  1. ST status for Paharies and rotation of SC seats.

A casual delimitation was held in 1993 which did not give political reservation to the Gujjars, Bakerwals and Gaddies, now holding ST status. This is possible only when delimitation is held. The Paharies need to be given ST status as per several resolutions of the state legislature and all round support to this cause.

  1. Working of Civil Secretariats in Srinagar and Jammu around the year.

J&K is the only state which established two/separate secretariats in Kashmir Valley, Srinagar and in Jammu Pradesh, Jammu Tawi during the Monarchy. Both the places have absolute infrastructure and capacity to run the Civil Secretariats. The state spends more than Rs.600 crores every year for the so-called Darbar move from Srinagar to Jammu and a vice-versa. The Dogra Rule has gone, Monarchy has been abolished but the rules, laws and the traditions of the Dogra Rule still continued to rule the state because it suits the politicians and the ruling clique. Two secretariats formula can be implemented without any delay or financial liability. Rather it shall help the state to save Rs.600 crores which can be utilized to regularize the services of casual labours, SPOs, contractual employees and others.

  1. Political reservation in the Assembly for ST.

The Gujjars, Bakerwals and Gaddies who have been accorded ST status and are recognised with their 11% population need to be given political reservation in the legislature.

  1. Comprehensive settlement of POK and PaK refugees with full civil rights and political rights.

There are about 85,000 Pak refugees who are still called as West Pakistan Refugees. Their children and grandchildren are still stamped as Pak refugees who were born in J&K since 1947 or even today. They have remained deprived of their fundamental and civil rights though they cannot be denied their fundamental rights as they hold Indian Passport and nationality according to the law.

Besides there are about 15 lacs migrants from POK residing in Jammu Pradesh without any comprehensive settlement. This is possible only till after the reorganization of the state.

  1. Withdrawal of Resettlement Act, 1982 to end uncertainty and chaos.

Draconian law was enacted by Sheikh Mohd. Abdullah/National Conference in 1981 in J&K allowing nearly five lacs Pakistanis to return to Jammu and resettle. They were the ones who voluntarily migrated to Pakistan in 1947 and got settled in Pakistan. Their descendants are entitled under Resettlement Act, J&K. This Act on the writ petition of J&K National Panthers Party, was stayed in 2003 by the Supreme Court of India and still pending before the a Constitution Bench. Panthers Party has been fighting it alone. Interestingly all the national political parties including Congress, BJP, left parties have been supporting the National Conference on this stand before the Supreme Court.

  1. Ownership right for all allottees from POK, PaK and others on the Evacuee Agricultural land and houses.

It is tragic that the POK refugees who are designated as permanent residents of the state have been allotted some pieces of land on temporary basis and they are temporary allottees for the past 60 years or so. The owners of the land (now in Pakistan) are entitled under the Resettlement Act to reclaim their property/agricultural land. What a great uncertainty. This issue can only be resolved with twin state, Jammu Pradesh (or what you may like to call it).

  1. Regularization of services of all SPOs, NYC, Homeguards, SSB and other volunteers without delay.

There are about 60,000 casual labours. Dismissed! They are on the road and some of them might have taken the arms against India. There are more than 30,000 Special Police Officers (SPOs) who have been working as bonded labours for the past three decades getting Rs.100 a day (less than daily wagers) and working full time policemen even making supreme sacrifices to defend our liberty, freedom and property. Same is the case with contractual employees. On the other hand salaries of Legislators have gone 100% high and illiterate ruling party activists have been installed as Chairman or Vice Chairman of several defunct/ unrecognized institutions with status of Minister of State. Corruption has almost been legalized and civil liberties stand crucified. This has been state of affairs in J&K. Twin states is the only way out at present.

  1. Social security for all unemployed youth in the State.

After Scandinavian countries, Sweden, Denmark, Finland, Iceland, Norway etc., the European countries have introduced a concept of social security. It is working not so affectively in U.K. and USA. The third world countries has to evolve a process to ensure social security to the unemployed youth to preserve democratic institutions and save the youth from hunger, starvation and also from scourge of violence. J&K can afford to ensure social security to the unemployed youngmen create new resources and sources of protection and distribution. The distribution system have to be brought under a social control so that the middle men or some individuals are not allowed to exploit the system for the benefit of a few. All the public distribution systems should be brought under unemployed youth cooperative control so that benefit a share by all unemployed youth also. There are several other schemes like health insurance needs to be implemented so that every individual particularly employed youth and others are provided free medical and legal care. This is possible only if civil society and the consumers are involved in the process to eliminate all kinds of discrimination and injustice within the society.

  1. No detention without trial and withdrawal of Public Safety Act, 1978.

There is no chapter on fundamental rights in the Constitution of J&K. Rather Article 35(A) of the Indian Constitution has been promulgated in J&K which is totally unjust and amounts to legalizing discrimination with the people, employees, workers in J&K. Constitution of India is not applicable to J&K, instead, Constitution of J&K read with Article 35(A) and 370 deprive the citizens of India, the residents of J&K of their fundamental rights and freedom. That has given birth to fundamentalism, discrimination and finally violence in the society. There is no provision in the Ranbir Penal Code to detain a person without trial. This concept was not introduced in J&K Constitution which was introduced by Maharaja Hari Singh in 1939. Detention without trial is the blackest of all the laws and a curse on the democracy. Such horrifying laws may be necessary during emergency or wars but not during normal times. Public Safety Act enacted by Sheikh Mohd. Abdullah with the support of Congress and Janata Party in 1978 was opposed only by Prof.Bhim Singh, MLA at that time. Bhim Singh was the first victim of the PSA in 1978 during the Poonch struggle by the unemployed youth. Such draconian laws which allow detention without trial must go.

  1. One syllabus for all students in private and government schools.

There are several universities in J&K. Kashmir as well as Jammu we have got separate universities. The Directorates of Education are separate for both the provinces, Kashmir and Jammu. The vacation period for the schools and educational institutions also vary because of the weather conditions in the two provinces. There is only a single Board for the school education. There is a need of separate Boards for the School Education in Kashmir and Jammu provinces to make the system affective and reasonable management.

  1. Reservation for ex-servicemen in all sectors.

Throughout the country there is a reservation in jobs for the ex-servicemen. Ex-servicemen of a lower rank retires at the age of 35/36. After serving the country for 15/16 years or so he still has capacity/age and energy to serve in some departments of the government. This is a problem which retired ex-servicemen have been facing mostly in Jammu Pradesh. Such reservations are available throughout the country except J&K.

  1. Full compensation for return and rehabilitation of Jammu Talwara Migrants at par with Kashmiri Migrants. Besides, relief to Jammu Migrants at par with Kashmiri Migrants. Return and rehabilitation of Kashmiri Migrants in the Valley with full security, dignity and respect.

The Govt. of India has fixed different scales for the migrants belonging to Jammu Pradesh. E.g. a Kashmiri Migrant is provided Rs.1000 per month per person whereas a Jammu Migrant (from Doda, Rajouri, Poonch, Udhampur or Reasi) is given a relief of Rs.400 per month only. Similarly maximum relief to a Jammu Migrant family is Rs.1600. Similarly Kashmiri Migrants are provided financial assistance by Govt. of India for the reconstruction of the houses for their return and rehabilitation. This is sad that the Jammu Migrants have not been given such facility to return and rehabilitate in their villages. Talwara Migrants are the living example of naked discrimination with the people of Jammu Pradesh.

  1. Rail line from Jammu to Poonch & Udhampur to Kishtwar.

Govt. of India has introduced railway system in the Valley of Kashmir without connecting the Valley with the railway line. The sad story is that Poonch and Kishtwar, Doda etc. do not fall even in the draft proposal of the railways. To encourage tourism in Jammu province there is a need to develop the tourist areas in the District of Poonch, Rajouri, Reasi, Udhampur, Kathua, Ramban, Doda and Kishtwar as well. Jammu Pradesh has higher potential for the promotion of tourism than we have in the Valley. Dr. Karan Singh as Union Minister for Tourism had tried to develop Patnitop but was not permitted to reach Sanasar even. We have vast virgin areas for tourism in Jammu Pradesh. Railway line can prove a great source of developing these areas for international tourism.

  1. 100% reservation to the handicapped persons.

All people/human beings are not born equal. Those born as handicapped need a special care and exclusive attention of the society to look after them and ensure that they live with honour and dignity as human beings. Every state in India has handicapped children. Such children/students should be educated, promoted and provided social security for life. This is the responsibility of the society. Why not allot a gas station etc. in the name of handicapped children in each district to take care for bring up the handicapped children. They deserve 100% care by the state.

  1. 33% reservation to women in every government department and statutory body.

The women deserve a special attention to ensure equal opportunity in the field of education, employment and political field. 33% minimum has to be fixed for women in every field.

  1. Full compensation to the farmers for the loss of agricultural land, crops and houses during flood or rain.

There should be a legislation to ensure social security to the farmers and peasantry who suffer because of natural disaster, floods, rains, earthquakes etc.

  1. Free land for residential purpose to the families of border residents at International Border or LoC as was promised in CMP signed by PDP + Congress with Panthers Party in 2002.
  2. Restoration of rail line between Jammu and Sialkot (there was rail traffic between Jammu and Sialkot till 1947 with 25 paise as rail fare).
  3. Dogra Certificate to all the Dogras as ST card is provided to the Gujjars, Bakerwals and Gaddies.
  4. Right to inherit to the heirs from Mothers having a status of permanent residents in the state. This is the command of the religious law as well as the laws made by the Legislature.

 ****

  1. This agenda for Jammu Pradesh was framed by the Working Committee of J&K National Panthers Party in its Special Session held from 1st to 3rd June, 2015 held at Sudhmahadev.
  2. This was decided to place this agenda before the leadership, civil society and intellectuals who have a commitment to the people of Jammu Pradesh to ensure a just society and end of discrimination at all levels which people of Jammu Pradesh have been facing since 1947.
  3. Prof.Bhim Singh has taken this initiative to invite Jammuites from different walks of life to place this agenda before the Assembly of Jammuites for their suggestions, amendments, improvements, additions or subtractions to make it a model of the Magna Carta of the people of entire Jammu Pradesh.

SC directs UOI & J&K to file status quo report on Pakistani under-trials, detenus & prisoners

A Division Bench of Supreme Court of India comprising JJ Mr. Justice J. Chelameswar and Mr. Justice Abhay Manohar Sapre accepted submission by Prof.Bhim Singh, Sr. Advocate on behalf of the detenus and prisoners to file rejoinder within four weeks on the counter file by Union of India in connection with detentions, trials, conviction and repatriation of Pakistani, POK prisoners and fishermen languishing in Indian jails.

Prof.Bhim Singh was arguing for J&K National Panthers Party, State Legal Aid Committee and others who had challenged the continuous detention, trials and conviction of various courts in India and asked for immediate repatriation of all the foreign prisoners from Pakistan, POK, Bangladesh and other foreign countries who have been kept under illegal detention under PSA for years when PSA does not allow any person to be detained without trial beyond two years.

Prof.Bhim Singh informed the court that there are prisoners from Pakistan and POK who have been languishing in various jails of India even when the prisoners have exhausted maximum sentence and some of them have been in jails for over 17/18 years. He quoted one Mohd.Ashraf whose sentence expired in 1997. He is still in Amritsar for the past 18 years under the pretext that Govt. of India could not identify his nationality.

Prof.Bhim Singh also submitted that there are several hundred Pak and POK prisoners who have completed their sentences yet have not been repatriated under one pretext or the other. He gave example of one Syed Sajjad Ali Bukhari @Ali Bhai, s/o Syed Shahpal Bukhari, r/o Mandyari Sadian, Kotli, Muzaffrabad, POK who was set free three months back by District Sessions Judge, Jammu. He still in District Jail, Sangroor (Punjab).

Appearing for the Union of India, Mr. Ranjit Kumar, Sr. Advocate & Solicitor General of India who admitted that there are 234 Pakistani prisoners in Indian jails besides 27 fishermen. He also admitted through a note submitted before the Supreme Court that 16 Pakistanis were repatriated this year before July and 9 fishermen. He also admitted before court that 47 Pakistani prisoners who have completed their sentences but still are detained in different jails. He admitted that there are several prisoners who have no cases registered against them but they could not be released because their nationality according to the Solicitor General has not been confirmed in years together. Most of them he said were detained in Central Jail, Amritsar and Bhuj. The Union of India also furnished a list of 73 Pakistani fishermen released by the Govt. who were repatriated to Pakistan by Govt. of India in 2014.

Prof.Bhim Singh strongly protested that several prisoners lodged in different jails outside J&K are not produced before the trial courts in J&K for no reason. He said that one Mohd. Abdullah lodged in Sangroor Jail, Punjab is an under-trial before Additional Sessions Judge, Jammu and Sessions Judge, Samba. His case is pending for several years but he is not produced deliberately by the police in spite of the direction of the Supreme Court of India in 2007 that trials of all prisoners from Pakistan should be concluded within one year. The court directed the Solicitor General to file status report.   

Prof.Bhim Singh also requested the court to direct the Union of India to repatriate all the prisoners who have completed their sentences or who have no cases pending against them or whose trials have not been completed as per direction of the Supreme Court back to Pakistan or POK as this is the command of Article 21 of the Constitution of India. Such fundamental freedom is not available in Pakistan or elsewhere or in any other democratic country of the world. The case has been fixed for second week of October, 2015.

Those who assisted Prof.Bhim Singh included, M/s. D.K. Garg, P.V. Yogeswaran, S.K. Bandhopadhyay, B.S. Billowria and others.

Sd/-Suram Chand, Office Secretary