Supreme Court ordered appointment of a Commission to verify Panthers Party allegations & state counter charge

A Division Bench of Supreme Court of India comprising of JJ Mr. A.K. Sikri and Mr. R.K. Agrawal heard the writ petition filed by Panthers Party senior leaders namely Ms. Anita Thakur, Mr. H.C. Jalmeria, Advocate and Mr. P.K. Ganjoo, Sr. Journalist seeking criminal action against the erring police officials who were guilty of committing barbaric and inhuman acts against the petitioners while the petitioners were escorting a peaceful protest march of the Talwara (Reasi) Jammu Migrants from Reasi to Delhi seeking implementation of the Supreme Court order dated 13.07.2006 to provide relief to the Jammu Migrants at par with Kashmiri Migrants as per judgment of the High Court of J&K dated 2001 and the judgment/order of the Supreme Court of India to provide the Jammu Migrants equitable and same relief as was provided to the Kashmiri Migrants.

The Supreme Court had admitted this writ petition in 2007 and it finally was heard today the Supreme Court. Mr. K. Venugopal, Sr. Advocate and Prof.Bhim Singh, Sr. Advocate argued for the petitioners, Jammu Migrants urging the court for appropriate punishment to the police officials responsible for the assault on the Panthers Party activists including a lady, an advocate and a senior journalist. The Panthers Party has also demanded a compensation of Rs.10 lacs each to the arrested Panthers Party leaders and any other appropriate punishment to the police officials and other government agencies for causing injury for murderous attack on the petitioners.

Prof.Bhim Singh in his arguments submitted before the court that nearly 2000 migrants including women, old and children started their march for justice from Reasi to Delhi as per judgment/order of the Supreme Court of India dated 13.07.2006. The Supreme Court had directed the Union of India and Govt. of J&K to provide relief to the Jammu Migrants as per its direction given on 13.07.2006. He submitted before the court that Jammu Migrants hailing from the districts of Rajouri, Poonch, Reasi, Udhampur, Doda, Ramban, Kishtwar, Kathua and other places were completely ignored and they were not allowed even ration for their survival whereas the Kashmiri Migrants (hailing from province of Kashmir) were provided ration in cash and kind on regular basis by the Relief Commissioner working from Jammu. The Jammu Migrants were only tortured, ignored, sent to jails and their children were bought over by the outsiders. They were forced to sell a child for the survival of the rest of the family members. Prof.Bhim Singh told the court that migrants numbering 2000 including women, old and children were peacefully marching from Talwara on their way to Delhi to present memorandum to the Prime Minister. He told the court that these migrants were stopped by the Armed Police near Katra bridge, beaten, assaulted and not allowed to cross the bridge. He submitted before the court how Mr. H.C. Jalmeria, Advocate was taken into police custody when he approached the police to requesting them to stop beating the children and women on the road. Ms. Anita Thakur followed Mr. Jalmeria. Prof.Bhim Singh presented a film on this tragic incident. The Hon’ble judges screened the film. This film shows how Mr. Jalmeria was dragged into the police brigade, assaulted and attacked by the policemen with their lathies and shoes. His leg was broken. The film shows that Ms. Anita Thakur who went the police camp by herself to inquire about Mr. Jalmeria was pounced by the wolves (police in uniform), beaten, assaulted, attacked and then dragged like gunny bag on the stony road and packed into a police jeep. The film also shows how policemen in uniform were pelting stones against the innocent villagers on the road. The Hon’ble Judges after screening the film directed that, this court shall appoint a commission of inquiry which shall visit the areas and report back to this court within one month.

Mr. K. Venugopal, Sr. Advocate for the Panthers Party petitioners made a strong submission that the Hon’ble Court should take appropriate action against the erring policemen and pay appropriate compensation to the petitioners for their illegal, unconstitutional and undesirable arrest and for the loss they have suffered at the hands of the policemen.

The Supreme Court directed that the case shall be taken up after the vacation.

The other advocates who assisted Prof.Bhim Singh included B.S. Billowria, S.K. Bandopadhyay and others.  Mr. Sunil Fernandes and others appeared for the State of J&K.

Prof.Bhim Singh expressed happiness that this case which was filed by the Panthers Party in 2007 came to the final hearing after nine years by the Hon’ble Supreme Court.

Jammu shall observe Student Martyrs Day : Panthers Party shall make a pledge for Jammu State

  49th anniversary of the four Student Martyrs shall be observed tomorrow morning by National Panthers Students Union and other grounds and orgnanizations in cooperation with J&K National Panthers Party at the martyrs’ memorial site in front of GGM Science College, Jammu. It was 17thOctober, 1966 when three students were killed by brutal firing of the police during the Congress government who were among hundreds of protestors under the leadership of Students Congress headed by Shri Bhim Singh in demand of a separate university, a separate medical college, a separate Engineering and Law College for Jammu. The four students were killed in the middle of the City of Temples at Rajinder Bazar who was accompanying Bhim Singh in the procession. Mrs. Indira Gandhi, the then Prime Minister of India intervened got Congress Ministers dismissed and held an inquiry into the police firing. The police officials and administration were found guilty by the Mukherjee Commission of Inquiry.

          The students and youth of Jammu Pradesh have been observing 16th, 17th & 18th of October as Student Martyrs Day.

          The hundreds of students under the leadership of NPSU and in the presence of Prof.Bhim Singh shall take oath for the establishment of Jammu State so that Jammu State from Muzaffrabad to Kishtwar and Lakhanpur to Peer Panchal is established and the people of Jammu Pradesh also feel breeze of freedom for the first time.

          This was announced by Prof.Bhim Singh, Chief Patron of JKNPP. He was accompanied by NPSU President, Mr. Virender Thakur and former student leaders including Shri P.K. Ganju, Ms. Anita Thakur, Mr. Bansi Lal Sharma, Mr. H.C. Jalmeria, Mr. Jagdev Singh and others.

          Prof.Bhim Singh shall also launch Jammu State Movement from the site of the Students Memorial.

Two states formula is only way out for lasting peace in J&K

Addressing a meeting of Advocates, in New Delhi, Prof.Bhim Singh said that 50% problems in J&K shall be resolved when J&K shall be reorganized into two states, Kashmir Valley and Jammu Pradesh. He also appreciated observations made by Dr. Bhimrao Ambedkar, Chairman of the Constitution Drafting Committee in 1949 on the issue of merger of J&K with the Union of India. Dr. Ambedkar opposed a permanent bar on the issue of merger and word ‘temporary’ with Article 370 was inserted only Dr. Ambedkar said that this provision (Article 370) shall not lost beyond Monarchy in the state. Prof.Bhim Singh questioned the wisdom of those who wanted Monarchy to continue in J&K after promulgation of the Constitution of India. Prof.Bhim Singh questioned the real intention of the Congress party at that time and asked why Monarchy in J&K was allowed to continue beyond 26th January, 1950 when nearly 556 states including Baroda, Hyderabad were merged into the Union of India.

This blunder was realized by Pt. Jawaharlal Nehru in 1953 when he got Prime Minister of J&K, Sheikh Mohd. Abdullah dismissed and arrested for opposing the merger of J&K with Union of India.

Prof.Bhim Singh questioned the wisdom of Parliament of India to ignore this aspect by let Article 370 continue like snake in the manager after January 1957 when J&K Constitution was promulgated on 26th January with clear mandate in Section 3 of J&K Constitution thatJ&K is and shall be an integral part of India. He told lawyers’ fraternity that this constitutional aspect was also ignored by the Parliament of India. He argued that Article 370 became infructuous the day Monarchy was abolished by the Constituent Assembly of J&K on 20th August, 1952 and it became dead the day government appointed by the last Monarch, Maharaja Hari Singh, was dismissed on 8th August, 1953 by the command of Pt. Jawaharlal Nehru.

Answering several questions on the status of J&K constitutional relations with the rest of the country, Prof.Bhim Singh said that Article 370 is dead and gone and the face saving device for the PDP-BJP and the so-called left is only amend it with a proviso that Parliament is competent to legislate on all the subjects listed in List-I of Schedule-VII of the Constitution of India. Parliament needs no consultation or approval of the Govt. of J&K as is the interpretation drawn from the script of Article 370 of Constitution of India.

He appealed to the lawyers’ fraternity all over the country to read Article 370 as it is applied today by the Union of India and the State government. This Article is a real mishap and continuing blunder which must end today which shall help eliminates the anti-national and anti-Union forces inside and outside the State of J&K.

He emphasized on Heart to Heart talks among the political representatives and the members of the civil society at the Intra-J&K, as it existed in 1947. This includes representatives of Gilgit-Baltistan, entire POK and that of J&K. He said that he convened two meetings in 2005 and again in 2007 during the prime minister ship of Dr. Manmohan Singh with a great success and emphatic response from both sides. He assured the lawyers’ fraternity that they shall also be invited in the third Intra J&K Heart to Heart Talks so that peace returns to the state and foreign agents are washed away so that people of the Valley as well as Jammu Pradesh may live in peace, dignity and without fear of the guns.

 

BJP-PDP’s CMP, a betrayal of the people of J&K, Prime Minister Modi must answer

NPP Supremo, Prof.Bhim Singh has described so-called Common Minimum Programme as a fraud on the people of J&K and mockery of the people of Jammu Pradesh. There is no scope for providing any relief or rehabilitation to the Jammu Migrants camping in Talwara and other areas in spite of the Supreme Court direction dated July, 2006 and an affidavit filed by the State Govt. the Supreme Court affirming to provide relief in cash and kind to the Jammu Migrants who were forced to flee their homes and villages by the terrorists in 1999-onward.      

*        The quantum of relief to Kashmiri Migrants was raised from Rs.400 to Rs.1000/- per head, per month, whereas it was raised from Rs.1600 to Rs.4000/- per family for the Kashmiri Migrants. This benefit has not been given to the Jammu and Talwara Migrants till date.

*        The Govt. of J&K had admitted in an affidavit before the Supreme Court that the Jammu Migrants have not been given any relief from 2004 to 2007. They admitted that arrears amounting to Rs.21 crores were to be cleared in respect of Jammu Migrants. This does not find even mentioning at all.

*       There is no mentioning to provide political representation to the Scheduled Tribes (Gujjars, Bakerwals and Gaddies) in the so-called CMP, whereas ST fraternity has remained without political reservation right since 1996.

*          There is no mentioning that residential plots to the families residing within the shelling range at Indo-Pak Border shall be provided free land to build their shelters in emergency though this was promised by the PDP in its CMP with Congress and Panthers Party in 2002.

*          No assurance or even promise for delimitation of Assembly constituencies in J&K.

*          No mentioning/assurance even to provide permanent residents status to the descendents (about 85,000 Hindus) whose parents were forced to run away from their houses from Pakistan in 1947 and they were lawfully settled by the administration headed by Sheikh Mohd. Abdullah in 1948. A casual mentioning that, “Take measures for sustenance and livelihood of the West Pakistan refugees.” (What about status of Pak refugees)? They are not beggars in the streets rather respectful citizens of India whose parents were pushed out of Pakistan in 1947 and they were refugees like Dr. Manmohan Singh, Shri I.K. Gujral and several lacs such refugees. Using word, ‘State Subject’ is another fraud and deception by PDP & BJP as there is no such thing as ‘State Subject’. All are permanent residents. BJP has been exploiting these people in the Lok Sabha elections and assuring them status of ‘permanent residents’. Where are those promises? Assuring sustenance and livelihood is great insult to the respectable citizens of India who deserve to be treated as permanent residents according to the law of the land.

*       There is another fraud with the people permanent citizens of the State that the BJP’s repeated promises to provide them residential plots at safer zone have been omitted all together under the dictates of Mufti Mohd. Sayeed.

*          Delimitation was held throughout the country after the census of 2001 except in the State of J&K thus depriving nearly 12 millions people of their basic and fundamental rights. BJP and PDP’s CMP has played another fraud saying, Constitute a delimitation Commission for the delimiting of Legislative Assembly Constituencies as required by law.” PDP had signed CMP with the Congress and the Panthers Party in 2002 that Delimitation Commission shall be constituted in J&K and when time came all the Kashmir Valley based political parties including PDP and National Conference opposed this move thus cheating the people and killing the aspirations of the people of Jammu Pradesh and Ladakh in particular.

*          The CMP presented by PDP and BJP sounds as if both the parties have decided to implement Dixon Plan to create an Islamic Republic of J&K by dissecting the Muslim majority areas from Jammu Pradesh. This is evident from the language used in the CMP and introducing two unknown zones in Jammu Pradesh namely, Chenab Valley and Pir Panchal. Has Prime Minister Modi tried to find out from his advisors what does this CMP mean when BJP and PDP propose this promise;

*          Earmarking 2 per cent of revenues from hydro power for the development of the Chenab region? Setting up of a new specialized high tech IT park and Bio tech parks in Jammu and Pir Panchal.” Pir Panchal is Muslim majority area in Rajouri and Poonch whereas Chenab Valley is the area in United Doda District. Both these sectors fall on the north of Chenab River. This formula was suggested by Oven Dixon (UN Observer) in J&K in 1951 for the solution of J&K. Pt. Jawaharlal Nehru got Sheikh Abdullah dismiss from his job and detained in jail who advocated for the implementation of Dixon formula in 1953. Does Prime Minister Modi understand the implication of Chenab River Valley and Pir Panchal Valley? This is developmental agenda of their Common Minimum Programme.

1).       CMP:- While recognizing the different positions and appreciating the perceptions BJP and PDP have on the constitutional status of J&K considering the political and legislative realities, the present position will be maintained on all the constitutional provisions pertaining to J&K including the special status in the Constitution of India.

i).        Does Prime Minister Modi understand the meaning of this CMP which means that BJP supports fully the continuation of Article 370 and the supports a separate Constitution, a separate Flag and separate Laws for J&K?     

ii).       Does PM Modi supports PDP that the Parliament should be debarred from making any law for J&K even in respect of the subjects like Defence, Foreign Affairs, Communication etc.?

iii).      Does PM Modi supports PDP that tri-colour flag shall never be hoisted as National Flag in J&K?  

iv).      Does PM Modi supports PDP to deny basic political, civil and fundamental rights to the descendents of the Pak refugees who were lawfully settled in J&K by the Govt. of Sheikh Mohd. Abdullah in 1947?

v).        Does PM Modi stand with PDP agenda that nearly 15 lacs refugees (they are still called as migrants in the official record of the state) from POK shall not be provided permanent settlement in J&K? They are living as temporary tenants in Jammu Pradesh from Poonch to Hiranagar. They are tilling the lands of those who left for Pakistan in 1947 and have not been given permanent allotments till date and called as allottees.

vi).      Why the CMP has ignored the horrors of Resettlement Act (Bill no.9) which is pending with the Supreme Court of India and lacs of people are living under the threat of total liquidation as they shall be principal victims in case Resettlement Act is implemented. Shri Atal Bihari Vajpayee had filed Writ Petition in 1982 and the petition was tagged with the petition of J&K National Panthers Party. What is the stand of BJP on this Resettlement Act which threatens the security and sovereignty of the state? Why BJP has withdrawn from this demand to be included in the CMP?                      

2).       The governance framework envisaged will include institutional capacity building and people-public-private partnership. This will enable the state to seek national and international financing for its developmental plan and projects for foreign investments in sectors like power, infrastructure, education, agriculture, horticulture, tourism and medical services.

i).        Does CMP make a claim to deal all international matters for the coalition government? Under what law of the land. Is it a sovereign state?   

3).       The Union Government has recently initiated several steps to normalize therelationship with Pakistan. The coalition government will seek to support and strengthen the approach and initiatives taken by the government to create a reconciliatory environment and build stakes for all in the peace and development within the sub-continent.

i).        Does PDP-BJP consider its coalition government as superior to the Union Govt. in dealing with international relations? Does PM Modi follow the dictates of Mr. Mufti?

4).       The same will be pursued by taking confidence building measures such as,enhancing people to people contact on both sides of the LoC encouraging civil society exchanges, taking travel, commerce, trade and business across the LoC to the next level and opening new routes across all three regions to enhancing connectivity.

i).        Does PM Modi accept the dictates of the PDP in dealing with international relations? Shall he accept Chief Minister of J&K as his mentor and accept his dictates? Even he does so, is it not a clear infringement of the sphere of the Indian sovereignty by a provincial government functioning on the crutches of the BJP. Prime Minister Modi shall have to explain to the entire nation?    

5).       The earlier NDA government led by Shri Atal Bihari Vajpayee had initiated a dialogue process with all political groups, including the Hurriyat Conference, in the spirit of “Insaaniyat, Kashmiriyat aur Jamhooriyat”. Dogriat?

i).        This was blunder committed by Shri Atal Bihari Vajpayee that he ignored Dogriyat and Ladakhiyat. He was also misled by the coalition government headed by Mufti Mohd. Sayeed in 2003-2005.

6).       In this context, the coalition government will thoroughly review the security situation in the state with a view to examine the need and desirability of all the special laws being applied to the state in view of the situation which is improving.

i).        This is fantastic that a tail is wagging the dog. A state Chief Minister functioning on the mercy of BJP has started dictating the Govt. of India even in defence matters where the State government has no locus at all.  

7).       Protecting and fostering ethnic and religious diversity by ensuring the return ofKashmiri Pandits with dignity (not security) based on their rights as state subjects (Permanent resident) and reintegrating as well as absorbing them in the Kashmiri milieu. Reintegration will be a process that will start within the state as well as the civil society, by taking the community into confidence.

i).        What does it means where the BJP-PDP’s CMP talks about ethnic and religious diversity? The BJP owes an explanation to the entire country. Does it mean the implementation of Oven Dixon Plan and dividing the state on religious background?  

8).       These are some of the issues raised in the so-called CMP launched by BJP and PDP in their unholy alliance only for the sake of power and for the loot of the state exchequer in utter violation of their promises and commitments they made in their respective manifestos during the Assembly elections.    

(Bhim Singh)

In a media conference in Jammu

Cont…………

 

Missing links of in PDP-BJP CMP
And unethical alliance, a fraud
1.      Where is your promise to the youth of J&K to provide them jobs ?
 
2.      Where is your election promise to regularize daily wagers in government departments  ?
 
3.      Where is your promise to regularize SPOs, Contractual employees, volunteers of VDCs, SSB and NYC?
 
4.      Where is your promise to provide social security to the unemployed youth ?
5.      Where is PSA and what happened to the prisoners without trial in J&K ?
 
6.      What happen to general amnesty ?
 
7.      What happened to your promise to punish the corrupt politicians, ministers, bureaucrats?  
 
8.       Why BJP sacrificed Jammu voters ?
 
9.      Where is your promise to provide free land for residential purpose to the residents along international border living close to shelling range ?
 
10. Where is BJP promise  to abrogate 370 ?
 
11. Where is your promise to provide ownership rights to the allotees of custodian or evacuee land ?
 
12. Why BJP ignored Jammu migrants’ rehabilitation ?
 
13. Why delimitation of Assembly Constituency not included in CMP
 
14. why amending RPA and the law ?
 
15. Why the robbers of Roshni Act are left out ?
 
16. Why not 50:50 in all government disciple
 

Cats out of Modi’s bag 1st March, black Sunday in Jammu history

“BJP has always exploited the people of Jammu Pradesh on the one pretext or the other, used communal divide to seek emotional support for the four decades. After the death of Pt. Premnath Dogra ji, the Jammu leadership joined Jan Sangh, then Janata Party and now Bhartiya Janata Party to blackmail the POK and Pakistan refugees settled lawfully in Jammu Pradesh. It was Janata Party with 17 MLAs (BJP) which sold out the interest of the people of Jammu to Sheikh Mohd. Abdullah. It was this group with 17 MLAs who supported Sheikh Mohd. Abdullah’s Bill No.9 in cooperation with the Congress Party. I (Bhim Singh) as Congress MLA had to resign from the party and the Assembly to oppose the Resettlement Bill (which I have been fighting in Supreme Court and got it stayed to stop illegal entry of nearly five lac Pakistanis into J&K (India). It is J&K National Panthers Party which is contesting case in the Supreme Court.

“Janata Party styled itself as Bharatiya Janata Party in 1982 and got into power in 1999. The BJP government supported National Conference government opposing the writ petition in the Supreme Court filed by the Panthers Party vis-à-vis Resettlement Act.

“The BJP hijacked a popular uprising of the people of Jammu Pradesh against the authoritarian rule in 2007 vis-à-vis Shri Amarnath Shrine Board Land Row. It was its blackmail that it got 11 MLAs. Seven out of 11 were adjudged by the BJP leadership for selling the votes in the Legislative Council polls to NC and Congress. They were expelled by the leadership itself. The people of Jammu could not get even peanuts for their sacrifices and street battle they fought while seeking justice and equity for the people of Jammu Pradesh.

          “The people of Jammu Pradesh were swayed away vertical divide during elections. Modi’s money and communal appeal did the same work which GENERAL FRANCO did in Spain during the Second World War and established fascist rule for 35 years. The communal divide backed by Delhi’s government and tones of black money as well as manipulation of EVMs did wonder to fetch 25 MLAs out of 37 in Jammu Pradesh. The BJP promised moon to the people of Jammu Pradesh and finally landed in the lap of a Kashmiri leader (a Congress veteran) who presided the J&K Congress Party for 18 years. Money combined with state power backed by EVMs manipulation brought BJP to take equal seats in Jammu Pradesh with Mufti’s PDP in the Valley. Each party got 25 seats each in their respective home provinces.

“The cats finally were let out of the Prime Minister’s Modi’s bag this day, 27th of February, 2015 when two extremes another words wolf and the lamb decided to form a government in J&K by assaulting the aspirations and the emotions of the people of Jammu Pradesh.” This was the first reaction of Prof.Bhim Singh, Chief Patron of National Panthers Party who has been opposing the communal forces and their agenda in Jammu as well as in Kashmir.  

          Prof.Bhim Singh had a video conference with the senior leaders of the Panthers Party in Jammu, Udhampur, Srinagar etc. He has made a strong appeal to the leadership of the Panthers Party to rise to the occasion to defeat the reactionary, communal, opportunist and authoritarian forces in J&K who have hijacked the future aspirations and hopes of the entire Jammu Pradesh. He said that resolution lies only in the reorganization of the J&K so that lost dignity and identity of the people of Dogra-Pahari Pradesh is protected and the people of both the provinces are provided their due share in social justice, political equality and development. He said that Panthers Party’s stand for the immediate amendment in Article 370 has been vindicated by the unholy alliance between Modi and Mufti that has betrayed the people of J&K once again.

He called on the Panthers Party activists to take up their banners of democracy to oppose, expose and finally depose opportunist rule of the new alliance. Wisdom lies in daring and the Panthers Party workers have both wisdom and courage as they are adhered to secularism and democracy. He assured his full support to the JKNPP leadership in the state in this resolve and fight.