Bhim Singh urges SC for early hearing & disposal of NPP writ petition seeking dismissal of J&K Resettlement Act, 1981

Prof.Bhim Singh, Sr. Advocate today made a mention before the Hon’ble Chief Justice of India this morning seeking early disposal of a writ petition which was filed by J&K National Panthers Party in 2001 against the Rehabilitation Act by the State of J&K, 1981 which had opened the back door for the J&K State Subjects to return back from Pakistan to the State of J&K. Nearly four lacs residents of the State of J&K had migrated voluntarily to the territory now called, ‘Pakistan’ during the partition of India (1947) and after.

            The Legislative Assembly passed a legislation called Resettlement Act, 1981 under the leadership of Sheikh Mohd. Abdullah, the Chief Minister of J&K which opened the doors for the citizens of Pakistan numbering over four lacs to return to J&K (India) and resettle in J&K.

            Prof.Bhim Singh as Congress MLA in 1981 opposed the legislation on the ground that the Constitution of India does not permit a foreigner, heir a citizen of Pakistan, to enter India without authority and settle in the State of J&K or elsewhere.

            Several other writ petitions were also filed before the Supreme Court challenging the Rehabilitation Act of J&K following the writ petitions of the J&K National Panthers Party. The most prominent petitioners included the then President of Bharatiya Janata Party Shri Atal Bihari Vajpayee. All these writ petitions were diluted as the matter was referred by the Govt. of Mrs. Indira Gandhi to the President of India, Giani Zail Singh. This matter remained in the dustbin in Rashtrapati Bhawan from 1984 till 2001 when the then President of India rejected the reference in three words, ‘Rejected’, ‘Unheard’ & ‘Unacceptable’.

            J&K National Panthers Party filed a writ petition no.578/2001 challenging the constitutional validity of the Rehabilitation Act. Several senior advocates including Shri K. Venugopal led the arguments with Prof.Bhim Singh assisting the senior advocates. The writ petition was admitted and rule was issued by the Supreme Court. It was the Supreme Court which stayed the operation of the Rehabilitation Act in 2002. It was on 19.01.2002 that a Division Bench of the Supreme Court of India comprising JJ Mr. Justice G.B. Pattanaik & Mr. Justice R.P. Sethi stayed the proceedings of the Rehabilitation Act.

            Prof.Bhim Singh mentioned before the Supreme Court Bench this morning submitting that it has been grave injustice to the petitioner itself (J&K National Panthers Party) which has been agitating before this Hon’ble Court for several years seeking justice from the Hon’ble Supreme Court of India in the interest of security of the State. He said that it was under this pretext (Rehabilitation Act) that Govts. of J&K had rehabilitated more than 7000 Bangladeshis and Burmese in Jammu City threatening the security of the state. He made the strong appeal before the Chief Justice Court to list this case at the earliest in the interest of justice and rule of law. The Supreme Court in the last order in 2016 had made an interesting order which is stated as follows:

            “We   have   heard   the   learned   counsels   for   the parties  on   the  question  as  to   whether   these   writ petitions  ought   to   be   referred   to   the   Constitution Bench.

We have perused the order dated 23.10.2008 by which the Division Bench of this Court had actually referred   these  matters   to   the   Constitution   Bench.

However, on the orders of the Hon’ble the Chief Justice of India, on the administrative   side, these matters have been posted before this Bench (3 Judges). This Court, therefore, will take up these matters for hearing, and if it becomes so necessary, will consider making a reference to the Constitution Bench under the provisions of Article 145(3) of the Constitution   of India.

List these writ petitions for hearing after four weeks.”

            The court heard this matter with patience and assured to take appropriate action.

NPP celebrates Foundation Day Calls for Reorganization for Jammu and Kashmir

 

Resolution/political passed unanimously

 On 23rd March 2017 in Plenary Session

This Plenary Session, 2017 of JKNPP resolves on the occasion of its 35th Foundation Anniversary being celebrated at the historic Dogra Hall, Jammu, the winter capital of the State of J&K.

1.     The Reorganization of J&K on the basis of the cultural, geographical, linguistic and political identity of each region with separate Legislative Assemblies, separate Budgets, separate Recruitments and Public Service Commissions, separate Planning Commissions, separate Delimitation Commissions  and of course separate Chief Ministers, may be  one Governor and one High Court. 

2.     Jammu Pradesh: This Session feels that justice shall be done to each region after state is reorganized. 

3.     Calling on the Parliament of India to exercise its sovereign Authority to Amend Article 370 so as to empower Parliament to legislate in respect of matters listed in the union list to ensure smooth relations of the state with the rest of the country. 

4.     Delimitation of Assembly Constituencies should be held without any delay in order to remove regional and political discrimination.

5.     The term of the Legislative Assembly shall be five years instead of six years.

6.     Reservation for the ST community in the Legislative Assembly should be incorporated in the Constitution and ST status to Pahari-linguistic population and Kolis should be accorded without any delay.

7.     All Pakistani Refugees who came after Pakistan in 1947/48 and lawfully settled in J&K should be granted permanent residents status with their decedents born in J&K after 1947.

8.     SPOs, daily wagers including PHE wagers, NYC, SSB volunteers, contractual employees, ReT, Jail wardens and all others who have worked in the government department a minimum of five years should be regularized with our delay

9.     PoK refugees: This is Plenary Session of JKNPP reiterates its commitment for comprehensive settlement of the refugees of 1947, 1965, 1971, 1997 from POK in accordance with International Law. The JKNPP expresses its solidarity with the refugees of 1947 from Pakistan who deserve to be treated as citizens within the meaning and scope of the Constitution to enjoy their fundamental rights.   

10.            Mubarak Mandi, the identity of the Dogras the great should be designated as International Dogra Cultural Center (IDCC) and International University for Dogra Culture & Art should be set up at this historic site.

11.            Female children should be given free education upto 10th Class and all the unmarried girls should be provided with a social security of Rs.5,000/- p.m. till they are employed.

12.            50% reservation should be given to the women in the Panchayats. The State Subject (Permanent Resident) Certificates issued earlier to the unmarried daughters should be issued afresh without any condition.

13.            All the Jammu Migrants including camping in Talwara should be provided all their arrears from 2004-07 amounting to 21 crores as par direction of the Supreme Court and the recommendation of the Parliamentary Committee

14.            All the Jammu migrants should be provided relief both in cash, kind and for the resettlement in their native villages at par with the Kashmiri migrants without delay.

15.            The residents of border villages residing within the firing range from Pakistan side should be provided free residential plots so that they shall live in safe zones during shelling from Pakistan side.

16.            All the victims of past floods should be compensated according to the judgment of the Supreme Court at the earliest.

17.     The farmers should be given free legal aid, free education and free medical care and treatment so that the villagers can also share the fruits of democracy.

18.    Ex-servicemen should be given pension on the basis of one rank one pension and reservation in the government and public sector.

19.    All daily wagers should be given minimum wages not less than Rs. 500/- per day and minimum wages act should be enforced with this amendment. 

20.    All the Industrial workers in the public or private sector should work strictly according to the International norms and timing.  There should be no exploitation of workers.

21.   No child below the age 14 shall work in any Industrial discipline nor as a labourer. 

22.   Urge government of India to connect Jammu with Poonch, Udhampur with Kishtwar and Kathua with Bhadarwah via Bani by Rail.  It also resolved to revive railway line between Jammu and Sialkot (Pakistan) as it existed till 1947. 

23.   The Panchayats should be empowered in accordance with 73rd Amendment in the Constitution. Centre Act should be made applicable.

24.    The Civil Secretariat relating to the files/material of Jammu Pradesh should function retained in Jammu civil secretariat.  Both the secretariat in Srinagar and in Jammu should functional  round the year.

25.     That the four lane National Highway being interested by IFCON, IRCON, JP AND HCC etc should be taken up at war footing with the involvement/engagement of local youth of Ramban, Doda and Udhampur Districts.

26.    All the youth who worked as porter with Indian Army during 1999 Kargil war be absorbed in the regular police force/ Paramilitary forces/ Govt. Jobs at the earliest  .

27.  LARR Act 2013 should be extended to the state of Jammu and Kashmir so that the farming community should be compensated in consonance with the provisions of the Act. The farmers be given four times the market value of the land as compensation for all lands acquired for them by the govt.  NPP also demands that the Girdarwaris of the farmers which have been recently cancelled by the state government should be restored in the interest of their ownership rights. 

28.  All the illegal foreigners who are illegally settled in Jammu Pradesh including Rohingyas and Bangladeshis should be deported in the interest of the security of the state and the country.

29.   All the Contractual lectures working in the schools and colleges be brought within the amit of the special provisions Act 2010 and regularized after a period of five year of service.

30.    Reservation of 33% for women in legislative Assembly.

31.   Provision  of atleast eight seats for POK migrants out of the 24 seats reserved for them in the State Constitution.

32.   Equal share for Jammu region in employment.

33. Special package for development of tourism in remote belts of Jammu  region including Dudu Basantgarh, Sudh Mahadev, Mantalai , Pancheri, Lander, Ramnagar , Bani, Basholi, Marmat, Desa, Sansar etc.

34.             Electrification of all the unelectrified villages on priority.

NPP Supremo tours Border areas in Jammu Pradesh Appeals people to join 35th Foundation Anniversary of NPP

Prof.Bhim Singh, Chief Patron of J&K National Panthers Party accompanied by several senior leaders of the NPP toured the borders areas along Indo-Pak border in the Districts of Samba, Jammu and other areas making a strong appeal to the people to join the celebration of 35th Foundation Anniversary of JKNPP which is being held at Jammu, Dogra Hall on 23rd March, 2017. Several delegations of the farmers, employees, youth and students met Prof.Bhim Singh with their petitions and demands to ensure them safe survival on the border.

Prof.Bhim Singh invited all political activists, labourers, youth, students, workers to join the movement launched by Panthers Party for years to ensure honourable living in the State of J&K. Prof.Bhim Singh declared that Panthers Party shall announce its agenda for the reorganization of J&K at the earliest to ensure that every resident of J&K shall be guaranteed all Fundamental Rights including right to live with honour and dignity and equal rights for all. The Panthers Party shall announce its programme on 23rd March, 2017 in 35th Foundation Day.

NPP shall boycott Lok Sabha bye-elections in Kashmir, No Voters, No Security!

  Prof. Bhim Singh addressing a Press Conference in Srinagar (Kashmir) announced the decision of Kashmir Executive Committee of Panthers Party that the party is pained to announce that it has decided to boycott the Lok Sabha bye-elections of the Parliament for the reason that the ruling clique (PDP-BJP) has taken away all security cover of the Executive Members in Kashmir Valley. The security cover which was provided to Senior Office bearers for years was taken away by PDP-RSS Govt. They include State Vice President Syed Masood Indrabi, State General Secretary Manzoor Ahmad Naik, Provincial President (KP) Farooq Ahmad Dar, Distt President Baramulla Ali Mohammad Dar, Shah Fayaz Distt. President Shopian, Hakeen Arif Ali District President Srinagar etc.

One day emergency meeting of Kashmir wing of NPP executive held yesterday had decided to contest Parliamentary election in spite of the discriminatory attitude of the State Govt., Prof. Bhim Singh the Chief Patron of JKNPP has taken a decision in the interest of the security of the NPP leaders and their supporters to boycott the Parliamentary By-Elections in Kashmir Valley.

1.                 There are more than 60% voters of Kashmir who have migrated to the neighbouring states for work as labourers. In winter more than 60% Kashmiries migrate to the areas outside the State for work and labour.

2.                 This matter was brought to the notice of Election Commissioner of India by Prof. Bhim Singh personally who had assured to consider the situation.

3.                 That entire Secretariat is functioning in Jammu more than 200 Kms away. There is no governance in Kashmir Valley and the voters are also away in the neighbouring States.

4.                 That NPP has considered all these facts and situation and was ready to contest Lok Saba Polls. The State Government has deliberately decided to take away security of its functionaries in Valley.

5.                 That Provincial President Mohd. Ramzan Bangay was killed in 1996 inside MLA Hostel when he had declared to contest Assembly Election in 1996. District President of Anantnag Nissar Ahmad Najar was killed in Anantnag in the same year and Culprits have not been identified till today.

6.                 Security cover has been removed from active and senior NPP leaders in the Valley just to keep Panthers Party away from political struggle, for justice, equity and rule of law.

7.                 The RSS dominated Govt. of J&K has been treating JKNPP as enemy and has stripped off their security particularly in the Valley of Kashmir, so that voice of reasons, goodwill and brotherhood is silenced  forever.

Prof. Bhim Singh has proposed that the Kashmir bye-elections of Lok Sabha shall be boycotted with strong protect against the Modi Govt. for trying to rig the Kashmir Election the way Modi Govt. has done recently in UP & Uttarakhand. Prof. Bhim Singh appealed to the JKNPP to go for a strong boycott of Lok Sabha By-Elections next month which is being held against all norms of Election Laws, with a clear message that Modi Govt. has already decided  the names of two Lok Sabha Members from Kashmir Valley. The Kashmir Executive Committee of the JKNPP has decided to convey this message to the entire fraternity in the country. The Kashmir Panthers Party under the leadership of Syed Masood Indrabi State Vice President, its General Secretary Manzoor Ahmad Naik & Provincial President Farooq Ahmad Dar have decided to hold demonstration in front of Parliament next week to seek protection under fundamental rights  which have been denied to the people of J&K since 1950.

NPP is holding emergency meeting in Srinagar to finalize its role in two parliamentary bye-election

An emergency meeting of the executive of JKNPP shall be held on Sunday, 19thMarch, 2017 to finalize its action plan vis-à-vis Parliamentary bye-election for two Lok Sabha Constituencies in Kashmir Valley.

          Prof.Bhim Singh shall interact with the NPP leaders in Kashmir Valley to know the operational plans of the Panthers Party activists who have been playing a magnificent role in the Valley of Kashmir seeking justice to all with Fundamental Rights which have not been guaranteed by the Constitution of India in the State of J&K. This is a tragic, Prof.BhimSingh said that Fundamental Rights provided in the Constitution of India have not been incorporated till date in the so-called Constitution of J&K which does not subscribe to the concept of equality, equity or social justice.

          Prof.Bhim Singh declared that the bye-election for two Parliamentary seats are being held in the second week of April which is still under the grip of wrath of winter and snow-storm. Prof.Bhim Singh had personally met the Chief Election Commissioner of India in New Delhi and argued heavily in favour of postponing the election to the Lok Sabha due to the worst weather condition in the Valley. Prof.Bhim Singh said that more than half of the electorates from the Valley are working as labourers outside the State of J&K and cannot afford to return to the Valley to cast their votes.

          Prof.Bhim Singh also made a strong appeal to the angry leaders of Kashmir, mainly, the leaders of Hurriyat Conference to unite for the cause of the suffering electorates of Kashmir Valley to defeat RSS-PDP alliance candidates. This is the only solution to teach arrogant leadership of Delhi and Kashmir a lesson.