Legal fraternity welcomes Justice Thakur as new Chief Justice of India

State Legal Aid Committee, J&K today welcomed the new Chief Justice of India, Justice T.S. Thakur who enjoys tremendous credibility as a jurist and popularity as a justice. Prof.Bhim Singh, Sr. Advocate & Executive Chairman of the State Legal Aid Committee also presented red-rose flowers to Chief Justice, Mr. T.S. Thakur who was administered the oath of office at Rashtrapati Bhawan this morning by the Hon’ble President of India, Shri Pranab Mukherjee in the presence of members of the lawyers fraternity from all over the country.

Several lawyers also came from J&K and presented flowers and bouquets. They included M/s. H.C. Jalmeria, O.P. Sharma and others.

Prof.Bhim Singh while addressing the members of the State Legal Aid Committee expressed hope that the cases shall be heard on the basis of urgency to ensure that justice is not delayed or denied. He in a welcome letter addressed to the new Chjef Justice of India hoped that the State Legal Aid Committee in the Supreme Court shall be activated so that justice is not delayed as it has been happening for the past 10/15 years. He said that all cases concerning human and fundamental rights of the citizens shall be taken on priority. He also hoped that the cases pending in the Supreme Court concerning human rights and civil liberties shall be taken on priority. He appealed the revolutionary Chief Justice to take up all human right cases including those connected with fundamental and civil rights of the citizens as well as others within the meaning and scope of Article 21 of the Constitution of India which applies to the citizens of India as well as to the non-citizens.

Prof.Bhim Singh hoped that the revolutionary Chief Justice shall come true to the expectations of the wretched of earth and the penny-less justice seekers in the country.

Prof.Bhim Singh has been fighting in the courts and the streets for the poor, helpless and penny-less human beings and made a history in the field of human rights and speedy justice for those who could not dream even entering the doors of the High Courts or the Supreme Court.   

NPP welcome Vetican’s decision to recognize Palestine a great step towards peace

NPP Supremo and Chairman of Indo-Palestine Friendship Society in his congratulatory message to Pope Francis described Vetican’s decision to grant de jure recognition to the State of Palestine as a great and historic step of Pope Francis to promote international peace, harmony and understanding. He said that Pope Francis has taken a decision which needs to be understood by all the Big Powers, particularly the western countries and the Anglo-American Bloc that Palestine should have been recognized as a sovereign state right during its partition in 1947 under Resolution no.181 of the United Nations which was a creation of the Big Powers including the then USSR.

Prof.Bhim Singh said that after Washington Accord between Israeli Prime Minister and Mr. Yasir Arafat, the Chief of the PLO and the Oslo Agreement Palestine should have been recognized as a sovereign state in 1995. He said that the Anglo-French and the Anglo-American Bloc has remained under the dictates of Zionist lobby as Jewish community in the USA, UK and France have been playing a dominant role in politics and financial affairs in all these three (so-called big powers) countries to the detriment of international peace and harmony.

NPP Supremo who has been associated with Palestinian affairs for the past 40 years and an intimate friend of Yasir Arafat expressed unhappiness on the role the present leadership in India since the end of Indira Gandhi era has been playing. He said the resolutions of the United Nations namely 194 (on the settlement of Palestinian refugees), 242 & 338 (directing Israel to withdraw from all occupied territories of Palestine as well as from East Jerusalem) need to be implemented to achieve genuine peace in the Middle-East.

He hoped that Indian leadership shall play its destined role in the region in the interest of world peace and harmony which is possible only when the State of Palestine shall get its sovereign status and Jerusalem is liberated and new Jews settlements are demolished in Palestine.

Justice Dave refuses to preside Constitution Bench hearing petitions against NJAC

The Constitution Bench of 5-judges of the Supreme Court of India headed by Justice Anil R. Dave with JJ Mr. Madan B. Lokur, Mr. Justice J. Chelameswar, Mr. Justice Kurian Joseph & Mr. Justice A.K. Goel was adjourned suddenly when Sr. Advocate, Mr. Nariman appearing for AOR Association objected to the sitting of Justice Anil R. Dave as the President of the Constitution Bench on the ground that he has become a member of the NJAC being among the first two senior judges in the Apex Court.

Prof.Bhim Singh, Sr. Advocate appearing in person in his petition challenging the validity of NJAC deferred from Mr. Nariman submitting that Mr. Nariman did not represent other petitioners and each petitioner should be heard on this issue whether Justice Dave should preside/has authority to preside. He said that a judge is a judge as long as he does’t ceased to be. He further submitted before the court that the court should hear both sides on the objection raised by Mr. Nariman. Mr. Nariman should have addressed the court as any senior advocate should have done. Distributing leaflets in the court and threatening the judges by thumping the desk and asking the Constitution Bench to decide, “Hear and now, now and now alone” repeatedly did not reflect the decorum of the highest court of the country. Ambarrassed presiding judge suddenly announced that he would not hear the matter and adjourned the bench.

Mr. Mukul Rohtagi, Sr. Advocate and Attorney General also strongly objected to the remarks made by Mr. Nariman saying that this was totally misleading and condemnable what was witnessed in the court.

Kashmiri Migrants Rehabilitation must what about Jammu Migrants?

Prof.Bhim Singh, Chief Patron of National Panthers Party reacting strongly for the return and rehabilitation of Kashmiri Pundit Migrants in the Valley, who were thrown out of their houses in January 1990 when Mufti Mohd. Sayeed was the Union Home Minister and J&K was under Governor Rule, questioned the Modi sarkar in the Centre and Mufti-Modi sarkar in J&K on the fate of about 5000 Hindu Migrant families who also were forced to migrate from their homes by the majority community and have been languishing in different areas and stinking camps in Talwara and other places?

He welcomed the initiative for the rehabilitation of the Kashmiri Pundits back in their homes in the Valley with full financial backing and security but asked the Union & State governments why discrimination with the Jammu Migrants? Jammu Migrant (each individual) is given Rs.400 per month relief whereas a Kashmiri Migrant is given Rs.1000/- per month. On the other hand maximum relief to the Kashmiri Pundit family is Rs.4000/- whereas a Jammu Hindu Migrant family is given only Rs.1600/- per month. Each Kashmiri Pundit Migrant is getting all other benefits like medical care, schooling, government jobs and free admission in the professional colleges in the country. Kashmiri Pundit family has been provided some kind of respectable and reasonable shelter wherever they have settled in Jammu or in any other part of the country. The Jammu Migrants, on the other hand, are literally begging in the streets without any job or work. About 40 boys were employed as daily wagers in the police but they were shunted out years back. Not a single Jammu Migrant has been provided free schooling facility nor even free medical treatment and there is no question of any work even as a daily wager.

The Supreme Court of India in a writ petition filed by J&K National Panthers Party had directed the State and the Union governments to pay the relief arrears to the Jammu Migrants in 2007 at least Rs.21 crores at that time. The JKNPP has been fighting this case in the Supreme Court and a contempt petition is pending in the Jammu Wing of J&K High Court since 2009. Both the Union government and the State government have ignored the Jammu Migrants treating them worst than animals.

Prof.Bhim Singh wondered that the Union government particularly the Prime Minister, Modi has directed for creating a separate colony/colonies with full security etc. for the Kashmiri Migrants whereas the governments have not even mentioned a word on the Jammu Migrants though they are not asking for a separate colony or any separate homeland. Nor Jammu Migrants are asking for any land for residential purpose and they were prepared to go back to their homes provided the Central government/State government is prepared to rebuild/restructure their homes/houses which were destroyed by the terrorists. Prof.Bhim Singh declared that the JKNPP shall be filing a fresh petition in the Supreme Court to provide Jammu Migrants the same relief and the same benefit for their respectable and secured rehabilitation in their own villages and on their land which has been denied to them only for the reason that they are Jammu Dogras/Paharies. He held BJP leadership in the Centre and the State responsible for this discrimination with Jammu Migrants.

Prof.Bhim Singh said that JKNPP is not for erecting a Berlin Wall inside the Valley nor in Jammu Pradesh. He said the Kashmiris had rejected the two-nation theory in 1947 and they shall not allow the BJP/RSS government at the Centre to create a communal divide to sow the seeds of separation/divide within the state as that shall be against the interest of the unity, integrity and sovereignty of the entire country.

 

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