Governor Rule in J&K after dismissal of State Govt. only way out to save peace in the state.

Hon’ble Shri Modi Sahib,
I am taking this liberty to urge the Hon’ble Prime Minister to kindly invite at least five representatives from each political party recognised by the Election Commission of India in J&K. The representatives of Hurriyat Conference, not recognised by the Election Commission of India, may also be invited as a special case under the circumstances.
1. The opinion of each political party deserves to be considered by the Prime Minister under the present circumstances and the situation that has prompted in the state.
2. The Prime Minister may invite each group and seek the opinion of each political party as to what needs to be done to restore peace in the state.
3. The Hon’ble Prime Minister shall be doing a great service to integrate the entire state of Jammu and Kashmir with the rest of the country as was done by the Maharaja of J&K in 1947 by signing the Instrument of Accession on 26th October, 1947. The State of J&K has not been fully/constitutionally integrated with the rest of the country as has been done in respect of other 575 states which also integrated with the Union of India. Article 370 deserves urgent amendment as the temporary provisions of Article 370(3) has no constitutional mandate left. This is for the reason that State of J&K became integral part of the Union of India and the proviso in Article 370(3) turned redundant. Proviso in Article 370(3) was relevant only during the life of the Constituent Assembly of J&K. With the end of Constituent Assembly on 26th January, 1957 the proviso in sub-clause (3) of Article 370 also came to an end.
4. That the President of India after the collapse/end of the Constituent Assembly of J&K has been vested full powers as incorporated in Article 370 commanding that the President of India, “Shall have full power to introduce any change/amendment in any provision provided in Article 370”.
5. This is submitted that the President of India is competent to bring any change in any provision of the language of Article 370. The President is competent to make any amendment in the language of Article 370 which is still temporary.
6. That the President of India may intervene to ensure desired amendments in Article 370. He is competent to amend any language or contents of Article 370 to ensure that the integration of the State of J&K as desired by its ruler in 1947 is implemented and is enforced as was done by the Parliament in respect of other 575 states on 26th January, 1950.
7. The Hon’ble Prime Minister may invite representatives of political parties working in J&K including the national parties to seek their opinion separately. This shall help create confidence of the national and state political parties.
8. The Hon’ble President of India needs to be advised, though, there is no constitutional requirement to do so.
9. The Hon’ble Prime Minister should not think of the power hungry politicians and their desire to rule when the nation and particularly the people of J&K are looking for peace and end of bullet rule who they may be. Everybody in J&K looking for peace and end of bullet rule as J&K has witnessed during 100 years of Dogra Rule from 1846 to 1947. The people of J&K have been non-violent and peace-loving and they deserve to be governed by a peace-loving system. That is only Governor Rule which President of India is competent to invoke under Article 92 of J&K Constitution read with Article 370 of the Indian Constitution.
10. I in cooperation with several political parties of J&K including Hurriyat Conference made it possible to hold valuable conferences in J&K and in New Delhi in 2005 and 2007 during the Prime Minitership of Dr. Manmohan Singh. Almost all political parties from POK, and J&K attended those conferences with a clear message of peace and harmony. Dr. Karan Singh, Dr. Farooq Abdullah, Prof. Abdul Ghani Bhat from J&K as well as Sardar Abdul Qayyum Khan (POK) and several legislators from both sides of J&K participated. It was a great message to seek resolution of the J&K problem without violence or use of guns. It was great and unique family get-together.
11. I would like to urge the Prime Minister of India to allow us to hold such a peace conference of the members of the split family once again. This shall be great contribution towards promoting peace with understanding between the people of the two families; India and Pakistan. People of India and Pakistan should be mobilized to live in peace and cooperation which is possible only through this effort. War/wars are no solution to any problem among the brethren Nations
With regards,

Supreme Court grants four weeks to UOI In case of Pak & POK prisoners’ in Indian jails

A Division Bench of the Supreme Court of India has directed to list the Writ of Habeas Corpus filed by Prof.Bhim Singh against the illegal detention of more than 1000 Pakistani and POK prisoners after four weeks who have been languishing in different jails of India for over 10 to 20 years.
Prof.Bhim Singh, who is also the Chairman of National Legal Aid Committee besides Sr. Advocate in the Supreme Court of India had filed Writ of Habeas Corpus in 2005 against the detention of over 1000 Pakistani and POK prisoners who had crossed into India misusing the Line of Control, entered into J&K. On the intervention of the Supreme Court of India more than 800 Pak and POK prisoners were released from Indian jails on the writ petitions filed by the Panthers Party, State Legal Aid Committee, J&K and by Prof.Bhim Singh in-person. According to the Union of India there are still about 250 Pak, POK prisoners some of them (about 20 persons) have been declared permanently handicapped. Some of them have not been identified by Pakistan High Commission in 10 years till today. The Govt. of India filed Additional Affidavit yesterday in the course of hearing stating present status of 21 foreign nationals in jails, dealing with present status of 12 persons in jails, the status of 43 persons in different Indian jails and the status of 22 Pakistani nationals who have completed their sentence/acquitted.
The Union of India filed an affidavit before the Supreme Court of India called Annexure-A1 regarding 21 Pakistani prisoners. Some of them have been released and repatriated namely, Harsid@Arsind s/o Mohammad Khan (Mental Hospital Jaipur), Mohammad Amin s/o Ram Maksood (Detention Centre, Alwar), Maksood Ali @Fazal s/o Tawar Ali@Abdul Aziz (Detention Centre, Alwar), Mohammed Khalid s/o Mohammed Yousuf (Mental Hospital Jaipur), Asraf Hussain s/o Ahmed Bux (Mental Hospital Jaipur), Ramzan s/o Matara Khan@Fatiyar Khan (Mental Hospital Jaipur), Mohd. Arshad s/o Mohd. Amir(Mental Hospital Amritsar), Mohd. Sadiq s/o Mohd. Amir (Detention Centre, Amritsar), Shingar Ali s/o Baba Hussain Ali (Detention Centre, Amritsar), Elias s/o Rahim Khan (Detention Centre, Amritsar), Mohd. Mubashir Code Ali Badar s/o Mohd Tahir (C.J. Jodhpur), Shahnawaz Malik @Fouji s/o Kamdar Malik (C.J. Jodhpur and Dilawar Sain s/o Hassan Sain (C.J. Jodhpur.
Nearly 12 prisoners have been shown undergoing life sentence namely Abdule Rashid Gani@Abdul Gani@Abdul Rashid Abdul Kadar Shaikh@Tufil Rajput (Nasik Raod Central Prison), Abdul Rahim @Sayed@Kari s/o Majid Khan (C.J. Tihar), Mohd. Hussain @Abu Julfikar s/o Hussain @Junazir Hussain (C.J. Tihar), Abdul Mateen @Iqbal @Faruq @Munsail s/o Hazi Mohd. Yakub (Central Jail Bikaner) & Mohd. Mohamad Sharif@ Javed @Pavankumar Sharma @ Manzoor Ahmed (Vadodara Central Jail).
Prof.Bhim Singh regretted that no address/home address in Pakistan has been mentioned by the Govt. which shows that the State is not sincere in its dealing.
43 Pakistani and POK persons have been shown as prisoners in Indian jails who have been listed with no offence at all.
22 Pakistani prisoners in Indian jails have completed their sentence and have not been deported till date. They include M/s. Abdul Jabbar @Saiyyed Amr Ali, Ali Mohammad @Ali Ahmed @Alia Ahmed, Asif Khan Code 77, Asima, Faheem Sidique, Hamid Noman Bhat, Javed Alam Sheikh Code Junaid Albadri, Mansoor Ahmed Manhas, Muhammad Abid Sayani Code Asadullah, Muhammad Mubashir Code Ali Badar, Muhammad Qasim, Muhammad Sharif, Muhammad Tariq @Mohamad Tarak Ali, Munawar Hussain @Miya Mithu, Naseem Akhtar, Qari Muhammad Ismail, Sadia Baba, Saifullah Code Surinder Singh, Sarfaraz Ahmed Rana, Soofia Kanwal, Tanveer Masih & Nisar Ahmed Narejo.
There are some prisoners in Amritsar and other jails who have been declared as mentally challenged and whose whereabouts have not been traced. Some of them are in Amritsar jail/hospital and some of them in Rajasthan. Prof.Bhim Singh described this State of Affairs as highly undesirable and cannot be accepted by any Indian jurist or a human being who is associated with Indian culture and sense of humanism. This amounts to violation of international human rights code of conduct established by international commission on human rights.
Prof.Bhim Singh described the inaction of the Union of India highly deplorable and unacceptable when the Govt. has filed a reply before the Supreme Court of India over a petition which is filed 13 years back before the Supreme Court that the Govt. of India is circulating a list of prisoners without providing their addresses, home addresses or even their ages.
The advocates who appeared with Prof.Bhim Singh included S.K. Bandopadhyay, B.S. Billowria and others.

Prof.Bhim Singh appeals judges to settle crises within four walls of SC

Sr. Advocate & former elected Sr. Executive Member Prof.Bhim Singh appeals judges to settle crises within four walls of SC

NPP Supremo, a Sr. Advocate & Chairman, State Legal Aid Committee, Prof.Bhim Singh has expressed deep shock on the crises in the Supreme Court where four judges have come out against the Chief Justice of India for the first time in the history of Supreme Court since 1950. Prof.Bhim Singh said that he had a chance to study in the universities of London, Cairo and other institutions. Never did he hear or watched this kind of drama which was enacted inside the premises of the Apex Court of the country, Supreme Court of India.

Prof.Bhim Singh said there were occasions when differences arose among the sitting judges of the Supreme Court they are witnessed from the dissenting judgments even in highly important and political cases like Golaknath. There were dissenting judgments while dealing interpretation of Article 368. Never before in the history of Supreme Court we (the advocates of the Supreme Court) witnessed such a naked drama where judges stood up in arms against the sitting Chief Justice of the country.

The Supreme Court Sr. Advocate and four times Sr. Executive Member of the Supreme Court Bar Association expressed shock and appealed the Chief Justice of India to hold a close door meeting of the sitting judges of the Supreme Court immediately and sort out these spoken differences and prayed to the Lords to hold a close door meeting and sort out all differences (problems) procedural or otherwise among the family of the Supreme Court of India which is not only the highest court of law but which has been a center of faith for all democracy loving people of India from the Kashmir to Kanyakumari and Dwarka to Imphal in the country. The Sr. Advocate also cautioned the press (both print and electronic) to not to exploit this unfortunate situation which can trigger the flames endangering 67 years old democracy in the country. The Chief Justice of India is highly matured and the Hon’ble Judges also enjoy the confidence of the lawyers’ fraternity in the Supreme Court. Prof.Bhim Singh also urged the Supreme Court Bar Association to play its positive role so that flames shall not be allowed to go free to endager the credibility of the Hon’ble Judges of the Supreme Court. The chapter should be closed hear and now the Bench and the Bar shall have to play a very positive conscious role to save credibility of the judiciary. Let the Judges of the Supreme Court sort out the matter by themselves by shutting their doors on all sides. Prof.Bhim Singh also appealed the press to not to play the politics of some of the foreign countries who intend to see flames over democracy in India.

Parliament cannot punish a Muslim for tripple talak, already declared as illegal by the SC

“It is a tragedy of the times and bankruptcy of the minds of the party that rules the country that the ruling party has failed to understand that India is a democracy which was earned after long long battle and sacrifices by the people. Ruling party should have discussed in depth as to what needs to be done to ensure that the orders of the Supreme Court (presently Supreme Court Judgment on Tripple Talak) should be enforced strictly in accordance with the letter and spirit of the Constitution of India. Does Parliament has any power to make a law to send a Muslim to jail for three years for exercising his traditional tripple talak? Tripple Talak has no legal sanctity of law today after the judgment of the Supreme Court. How and what parameters of the Constitution the Indian Parliament can pass a law awarding three years sentence to a Muslim for announcing ‘talak’ thrice. The Parliament of India is not a dictator nor it represents an authoritarian system as India is governed by the peoples’ representative called Parliament”. Prof.Bhim Singh, a former legislator in a Muslim majority state of India (J&K), specialized in Islamic Law and holds post-graduation degree in law from London University issued this statement after going through the statement that ruling party namely BJP is trying to act ‘Hitler’ this time by making a law to sentence a Muslim for three years imprisonment if he will use tripple talak.
Prof.Bhim Singh, a Senior Advocate in the Supreme Court of India expressed hope that the Speaker of the Parliament will be cautious enough to ensure that the such a Bill shall not be presented in either House of the Parliament. Such a move shall expose the wisdom and democratic values of Parliament of India. Needs a comprehensive measure to achieve desirable result.

Petition before Supreme Court of Pakistan–Prof.Bhim Singh

Hon’ble Supreme Court of Pakistan
Constitution Avenue, G-5/2
Islamabad, Pakistan

IN CASE OF:

Mr. Raza Khan

Convener of Aghaz-e-Dosti

R/o Lahore, Pakistan

Through Prof.Bhim Singh, Sr. Advocate

Supreme Court of India ,

Chairman, State Legal Aid Committee, J&K (India) …Petitioner

Versus

1. Through Govt. of the Islamic Republic of Pakistan

Islamabad (Pakistan)

2. Hon’ble Mr. Shahid Khaqan Abbasi

Prime Minister’s Secretariat

Ismalabad

3. Police Chief of Police

Federal Republic of Pakistan …Respondents

Lord Chief Justice of Pakistan,

This is a writ petition being filed by Prof.Bhim Singh, Sr. Advocate, Supreme Court of India and Chairman of State Legal Aid Committee is seeking your Lordship permission to move this petition before the Hon’ble Supreme Court of Pakistan with a prayer to issue appropriate writ, direction or order to the police/security forces of the Islamic Republic of Pakistan to locate/trace out one Mr. Raza Khan, youth activist in Lahore and working as Convener of Aghaz-e-Dosti in Pakistan. He was abducted in Lahore. FIR in this regard has already been registered with Lahore Police.

2. That this intervener is a Barrister-at-Law, qualified LL.M from London University with distinction in 1972. Since then he has been taking up legal matters before several courts of writs in High Courts and Supreme Court of India as well as in other Hon’ble Courts outside India seeking justice for the unfortunate youth who had fallen prey to the wrath of the respective governments in the respective countries.

3. That this petitioner (Prof.Bhim Singh) received an email from Pakistan seeking support of the friends all over the world who have been fighting for human rights and justice. I am quoting the contents of the email, urgent alert which I am reproducing below:

a). We report in great distress that our friend and fellow peace activist, Mr. Raza Mahmood Khan CNIC 35102-3310354-7 has gone missing since Saturday evening, 2nd December 2017. He is about 37 years old, with permanent residence in Kasur Tehsil. Currently, he was residing in Lahore, Firdous Market, Model Colony, Street 3, House Number 58-C. He was living in Lahore for the purpose of studies and vocation as a social worker.

b). Mr. Raza Mahmood Khan is a law abiding citizen who has never come into any trouble with the law. He is a peace activist and has held many events for the promotion of harmony and tolerance in the society. The last event that he organized on the eventful date was on extremism, held at Lowkey Lokai, a public space located in room 709, Al Qadir Heights. He registered his organization as “Hum Sab Aik Hain” in 2017 with his noble intention of bringing fellow citizens of all class and religions together by providing them with a public platform. He is also a proponent for peace in the South Asian region and always stressed on the importance of improving ties with SAARC countries in order to fight our common enemies of poverty, climate change and extremism. He is Convener (Pakistan) of Aaghaz-e-Dosti, a voluntary Indo-Pak Friendship initiative that works in peace education.

c). Mr. Raza was last seen by the event attendees around 8 pm near Al-Qadeer Heights. Since then, his whereabouts remain unknown and both his phone numbers 03004934142 and 03334126816 have remained switched off. We got worried about not being in contact with him for more than 24 hours and decided to search for him in our personal capacity. During this course, we contacted all his friends, his family and also his neighbors, but no one has any information about him. At his residence, we found Mr. Raza’s door locked from outside, but noticed that the light was still on in his room. Upon breaking the lock in presence of police, we found his clothes lying around, but no valuable things were taken. Once we exhausted all our efforts and realized that he is indeed missing, we went to the police station where his brother, Mr. Hamid Nasir Mehmood bearing CNIC number 3510211977797 complained about Mr. Raza being abducted by unknown persons for unknown reasons. The complaint was submitted late in the evening (copy attached at annexure A). The police was initially reluctant in registering the case, however, upon our insistence, they registered the FIR on the morning of 5th December, 2017.

It is also pertinent to mention here that all events he held at Lowkey Lokai were public and open. We consider it the state’s responsibility to recover him and bring those responsible to justice.”

4. The human right group in a brief letter addressed to this petitioner (Prof.Bhim Singh) addressed an appeal to this petitioner which is produced below:

a). As you are a powerful political voice who support peace building and in fact with your important identities of being a peace activist who work honestly and dedicate for Pakistani prisoners in India, as an advocate who understands and respect national and international laws and human rights and as a politician based in Jammu & Kashmir, raising voice for a peace activist who has worked on IndoPak peace building is relevant and important.

b). We work as Aaghaz-e-Dosti, an Indo-Pak Friendship Initiative that focus on peace education and advocates dialogues and people to people contacts between the two countries and we are working since the year 2012. In these 5 years, we have been recognised as one of the most prominent voice lead of youths and that also on completely voluntary basis.

c). Recently, on 2nd Dec night, our close friend Mr. Raza Khan, who is a local youth activist in Lahore and working as Convener of Aaghaz-e-Dosti in Pakistan got abducted in Lahore. FIR registered with police there but no clue yet.

d). Family and friends are requesting with Govt. of Pakistan to take measures for speedy search to know whereabout of Raza. Considering the sensitive issue and our close brotherly relations, we have started campaigning for him globally while his friends and family, local activists of Pakistan are campaigning in Pakistan. Yet, after 10 days, Govt could not search Raza there. Meanwhile, there is a huge support grown in Pakistan for Raza Khan and protests were erupted in Islamabad, Peshawar and Lahore in his support. All progressive organisations, activists and journalists are supporting him. Media houses have covered it widely in Pakistan and globally as well. International organisations like Amnesty, Forum Asia and Asian Commission for Human Rights raised their voice in his support. People in Pakistan erupted their anger on social media as well and #FindRaza became a top twitter trend in Pakistan. Pakistani students also protested before Pak High Commission in London. Senate committee on human rights in Pakistan sent memorandum to police and agencies. A Habeas corpus petition has also been filed in Lahore High Court through senior advocate Asma Jahangir ji and LHC asked police officials to be present in High court on 19 December with their report. Amnesty International Germany also led a protest march in Germany. Many more demonstrations are scheduled. People at all places across globe are speaking who feel concerned for Peace. Recently, a powerful political voice from J&K Tarigami sahab also issued press statement in support.

e). In view of this, I would seek your support if you can issue a press statement urging Govt of Pakistan that search for Raza Khan should be in speedy manner to ensure his safe return and that peace activists, specially youths who are working for Indo-Pak peace building through efforts like Aaghaz-e-Dosti need to be encouraged and protected in both countries. Work of Indo-Pak peace activists are actually important for people in Kashmir as it is Kashmir that face most of the worse results due to long sustained hatred and violence between the two countries. Youths of our regions may pave a way of peace, of dialogue and of reconciliation. ”

5. This petitioner takes this opportunity praying for an urgent intervention of the Hon’ble Supreme Court of Pakistan with a prayer that;

i). That this Hon’ble Court may be pleased to issue instructions to the Federal Police of Pakistan as well as other agencies who are authorised to investigate into the kidnapping/disappearance of the said Raza Khan from his house on the relevant date when he disappeared reportedly from a house on 2nd December, 2017.

ii). The Hon’ble Supreme Court of Pakistan may also be pleased to issue direction/order to the Interior Minister/Minister for Home Affairs of Federal Govt. of Pakistan to take all possible measures/methods to trace out the missing youth by ensuring his safety/security by restoring him back to his family members.

iii). The Hon’ble Supreme Court of Pakistan may also be pleased to register this petition (though in formal) as a writ of habeas corpus without seeking the fulfillment of all formalities for the reason that this petitioner (Prof.Bhim Singh) is enable to perform such formalities for the obvious reasons.

iv). That the Hon’ble Supreme Court of Pakistan may also appreciate that this petitioner (Prof.Bhim Singh) has filed several writ petitions in the Hon’ble Supreme Court of India in his personal capacity (Bhim Singh Vs. Union of India, writ petition (Crl.) no. 310/2005) challenging the illegal arrests and detentions of more than 1000 Pakistan boys detained in different Indian jails. Nearly 800 boys have been released on this petition by the Hon’ble Supreme Court of India. This case can be viewed as Bhim Singh Vs. Union of India, Writ Petition (Crl.) No. 310/2005 from the website: supremecourtofindia.nic.in.

v). This is submitted before the Hon’ble Supreme Court of Pakistan that corridors of justice may be opened by the Hon’ble Supreme Court of Pakistan by appreciating the contents of this writ petition which may open doors of friendship, equity and justice for all citizens of India, Pakistan and the rest of the world.

vi). The Hon’ble Supreme Court of Pakistan may pass any other order it deems fit under the circumstances to ensure spread of peace and message of human dignity for all people.

PETITIONER-IN-PERSON

PROF.BHIM SINGH

SR. ADVOCATE

SUPREME COURT OF INDIA