More troops to Kashmir Valley in 2016, For what, questions NPP Supremo?

Addressing a strong rally of the Panthers activists at Jantar Mantar Headquarters of NPP, Prof.Bhim Singh, Chief Patron of National Panthers Party questioned Modi government’s intentions to send more troops (3600) only yesterday to Kashmir Valley. The NPP Supremo asked Modi government to justify this act sending troops to the Valley when the people stand suppressed by the government which has failed to deliver justice to the people since demise of its Minister Mufti Mohd. Sayeed on January 7, 2016.

Prof.Bhim Singh called on the national leadership to sit together and find out the real cause of unrest in J&K, particularly in the sinking Valley of Kashmir. Prof.Bhim Singh said that the people of J&K have been victim of the international conspiracy which was hatched in 1951 by the Anglo-American lobby through the hat of justice Oven Dixon who was planted as representative of the United Nations to copy the Jewish plan the Jewish lobby had worked out in Israel. Justice Oven Dixon was Jewish elite judge and he worked out a dangerous plan to bifurcate J&K by creating a Greater Islamic Kashmir. It was the great contribution of the Muslim majority in Kashmir Valley and the Muslim minority in Jammu province who did not accept this Dixon Plan to create an Islamic State as a base for the Anglo-American Bloc in Kashmir to keep a constant watch on China from Kashmir.

Prof.Bhim Singh said that National Conference and now PDP have been working as watch dogs of the Dixon Plan whereas Congress has never dared oppose the Dixon Plan as the Congress lobby in J&K was more interested in loot, robbing the state exchequer from 1950 till date.

The Chief Minister Mufti Mohd. Sayeed understood the gameplan of CIA and the future plan of the Congress and NC leaders in Kashmir Valley. His mysterious death in a Delhi hospital after two weeks illness has left many questions answered.

Prof.Bhim Singh cautioned the people of J&K to forget the intra provincial and traditional rivalries as the reorganization of J&K is the only way out to ensure that the Kashmiries get their statehood with Srinagar as capital and the people of Jammu Pradesh from Kishtwar to Muzaffrabad and Kathua to Banihal get their statehood. Both the states shall survive and their people shall live with honour and dignity as a confederation. Srinagar as well as Jammu are capital cities and fully equipped and developed as capital states for the two states; Kashmir Valley state and Jammu Pradesh. The people of Ladakh region shall have a free choice to choose Kashmir Valley state or Jammu Pradesh (Ladakh region was united with Jammu Pradesh by General Zorawar Singh in 1842). Ladakh region may opt for its old alliance with Jammu Pradesh or the Ladakh region may opt for a status of Union Territory.

Prof.Bhim Singh accused the Modi government at the Centre to use his BJP in J&K only to create political ruckus in the Valley to create anarchy and chaos in the state. This situation which is being created in the state shall help only Anglo-American Bloc for the promotion of old Dixon Plan which was buried into the graveyard of Kashmir in 1953 by the intervention of Pt. Jawaharlal Nehru.

Prof.Bhim Singh declared that the Panthers Party shall move a petition on Monday, 18th April, 2016 against the Govt. of J&K for the detention of minor girl in Kupwara (Kashmir Valley) only to malign the Army and create uncertainty and chaos in the Valley. He said that the Kashmiries have shown respect and grace to the military in the Valley as they understand the contributions of the Army to defend the civil and social rights of the Kashmiries by the Army since 1947 till date.

He hoped that Supreme Court of India shall intervene suo-moto on the question of detention of a female (a minor girl) at the police station after sun set and silence of the State government on the illegal, unconstitutional and undesirable detention of a female in a police station in contravention the fundamental rights (Articles 14 & 19) as applicable to the citizens of India residing in J&K. The Fundamental Rights that are available to every Indian citizen, why are they denied to the Kashmiries? Under what Law the girl was detained and under what provision the Court judge failed to order her release from the police lock up? He wanted intervention of the Chief Justice of India, Justice T.S. Thakur?

Prof.Bhim Singh declared that the State Legal Aid Committee, J&K shall take up the matter for the enforcement of the fundamental rights of all the citizens in J&K. Prof.Bhim Singh reminded the Govt. of J&K of his own case in 1984 when he was detained as an MLA by the Govt. of Kashmir in Anantnag in the middle of night. The Supreme Court of India had awarded a compensation of Rs.50,000/- to him (Bhim Singh) and the government headed by G.M. Shah was penalized by the Supreme Court. He hoped that Supreme Court of India may take up the matter suo-moto so that the trust and faith of the people of J&K is reaffirmed in the judiciary and rule of law as enshrined in the Constitution of India.

Prof.Bhim Singh said that Kashmir needs to open more roads and doors to flow rivers of justice to Kashmir and not for troops & outdated politicians. Chapter-III on the Fundamental Rights of the Indian Constitution should be implemented in full in J&K.

NPP’s tributes to Baroda ruler Gaekwad & his Brahmin teacher, Mahadev Ambedkar to gave him name & education

National Panthers Party’s Delhi unit organised a befitting programme on 125th Birth Anniversary of Dr. Bhimrao Ambedkar was celebrated with a great show at Jantar Mantar, the Hyde Park Corner of India’s capital, New Delhi. National Panthers Party which was founded 34 years back in J&K by a Congress legislator, Prof.Bhim Singh organised the show at Jantar Mantar to pay homage to Dr. Bhimrao Ambedkar who is popularly known Baba Saheb Ambedkar.

            Prof.Bhim Singh has taken the message of goodwill, brotherhood and humanism from Dr. Ambedkar’s first political party which he called as Dalit Panthers before he was elected the Chairman of the Drafting Committee of the Indian Constitution, which remains in the history of democratic country as the longest Constitution full of equality, equity and dictates to uphold rule of law for all.

            The special meeting organised at Jantar Mantar, New Delhi by the Panthers Party was chaired by Prof.Bhim Singh, the Founder of J&K National Panthers Party who believes that the Panthers were no more Dalits after the Indian Constitution was made applicable to every citizen of India. He regretted that this great Constitution of India is not still applicable to the State of J&K. He praised Baba Saheb Ambedkar for opposing the insertion of Article 370 which has tabboed the entry of the Indian Constitution to J&K. He said, had Indian leadership accepted Baba Saheb Ambedkar’s opinion to merge the State of J&K with the Union of India along with other 577 states. There should have been no disturbance in J&K as is witnessed today in Kashmir.

            Prof.Bhim Singh also regretted that the historians and the fun makers have not been able to project the real psychological and social history of India before 1950. He said that the contribution of Maharaja Gaekwad of Baroda (Sahyaji Rao-III) and Brahmin teacher Mahadev Ambedkar to make Bhimrao Ambedkar a legendary character in the history of Indian democracy have not been sincerely and faithfully brought to the notice of the new generation. He said that the new generation have not been sincerely and honestly informed about the contribution of the Maharaja of Baroda to project, educate and make Dr. Ambedkar an everlasting name in the history of the Indian Constitution. While we remember Dr. Ambedkar, this is our moral duty to keep in mind the great contribution of the ruler of Baroda, who had seen the light in the diamond he had seen in the eyes of Baba Saheb Ambedkar long before the political birth of Mahatma Gandhi even. His conversion into Buddhism also needs an indepth study of that situation and moral and social standards of the Indian society which had great humanist like Gaekwad of Baroda and teacher like Mahadev Ambedkar.

            Prof.Bhim Singh said that Dr. Ambedkar had intended to ensure that a uniform society in India shall crop up in 50 years after freedom. This was the reason that he did not accept the proposition to rename suffering class as ‘Harijan’, the name which was chosen for the suffering society those days.

            Prof.Bhim Singh said that the real homage to Dr. Bhimrao Ambedkar shall be to keep out all the members of the super society like landlords, IAS, IPS, IRS and other similarly placed class on the list of Scheduled Castes (Reserved categories). Those who are still seen begging even in the streets of New Delhi, the capital city of India should be given the benefit of providing education and other amenities for their social growth in the society so that India becomes classless with all human beings enjoying equal opportunity in life and there shall be no child with the begging bowl seen in the hearts of the great New Delhi, the capital of India.

ambdedkarThose come who were among the senior Panthers Party leaders included Romesh Khajuria, Baba Ramdev Tomar, Ms. Nasreen Hamid (Chairperson-Global Women’s Lib), Om Kishan, Ajay Raj, Dildar Hussain Beg, A.J. Rajan, Vijay, Kali Ram Tomar, K.K. Raghav, Vijay Kaul, Bhawani Maharaj, Vimal Dhariwal, Mehfooz Khan, Ms. Monika, Pawan Kumar, Santosh Jindahai, P.R. Pal, Vijay Kumar  and others. Mr. Rajiv Jolly Khosla, State President, Delhi Pradesh presided over the condolence meeting.

President’s Rule in Uttarakhand, massacre of Constitution!

The norms and the principles laid down in the Constitution have been betrayed by the men who matter in the North & South Blocks, New Delhi. Uttarakhand episode shall be a living example how the mandate of the Constitution and rule of law has been hijacked by the South Block with an intention to grab power by hook or crook in a state governed by the political party other than the BJP. What happened in Uttarakhand governed by the Congress party needs an objective analysis by the legal Pundits who have been watching performance of the Modi government at the Centre.

Firstly, this is important to have a look into the composition of the political parties inside the Legislative Assembly of Uttarakhand. The Assembly has 70 elected Members. One MLA is nominated from the Anglo-Indian community in the State. The total number was 71. The Congress had 36 MLAs and naturally the government was run by the Congress Party under the leadership of Shri Harish Rawat, a veteran and honest leader of the party. The BJP’s masters in Delhi conspired to topple the government in the Himalayan States for the reasons to expand their RSS bases. Assam is going to the polls. Manipur is in trouble. Uttarakhand has faced the wrath of Modi rule in the Centre. Assembly elections were due after about 12 months in Uttarakhand but the BJP was in a hurry to topple Harish government so that the Assembly election could be held under Modi rule for the reasons which need not any explanation at this moment.

          This is pertinent to understand the logic and the parameters defined in Article 356 of the Indian Constitution to impose President’s Rule in any state, the President needs subjective satisfaction before he shall dislodge a state government under Article 356. There are instances when the President may intervene under this Article. If there is external aggression or internal disturbance and the state government is not capable to carry on in accordance with the provision of the Indian Constitution. This is mandatory that the President should be satisfied that a government in the state concern cannot be carried on in accordance with the provisions of the Constitution. It is only after the subjective satisfaction of the President that he can impose President’s Rule in a state. In the present case, there was no emergency involved in the state. There was no law and order problem. The government was running perfectely in accordance with the legal jurisprudence essential for a government to function. The Governor of the State has also fixed March 28 for the Legislative Assembly to test whether Mr. Harish Rawat/Congress Party enjoy majority in the Assembly. A Division Bench of the High Court could not be justified in postponing date of majority test which was fixed by an appropriate/ constitutional authority the Governor of the State. This decision of the High Court of Uttarakhand suffers from justiciability. The President should have overruled the faulty order of the High Court and allowed the sitting of the House as per decision of the Governor of the State.                                                                    

To implement Modi’s policy to dislodge secular governments in the States, it managed to buy 9 MLAs of the Congress Party with an intention to take over power in the Himalayan State where Panduvas ruled nearly 5000 years back. The first blunder which the leadership under Prime Minister Modi committed was an utter violation of the Defection Law. Nine MLAs could not be rescued under any imaginative stance of legal norms and the Defection Law. It was not a split. Not even 1/3rd MLAs could be bought or lured by the Modi power or money. Nine MLAs could not be defended under any legal norms or rule. It was only Modi rule that defended them. The Speaker of the Legislative Assembly, Mr. Govind Singh Kunjwal was fully competent and absolutely empowered under the Defection Law enacted by the Parliament (applicable to the State of Uttarakhand except J&K) to expell the nine defecting MLAs from the Legislative Assembly. This Order of the Speaker could be challenged before High Court but there is no legal authority with the High Court to restore the status of the disqualified 9 MLAs.

The present status in the Assembly has to be viewed with clear spectrum of constitutional mandate. There are (71-9 MLAs = 62). The Chief Minister, Shri Harish Rawat needs 62/2 +1  = 32. The Governor had fixed floor test on March 28, 2016 to decide whether Shri Harish Rawat enjoyed the majority. One MLA is nominated from the Anglo-Indian community namely Mr. Russel Valentine Gardener who has no voting right which is settled rule in the business of Parliament. That shows that Shri Harish Rawat needed only 31 MLAs to prove his majority, in the Assembly. Shri Harish Rawat has 27 sitting MLAs and support of 6 other MLAs from small groups etc. Shri Harish Rawat therefore has on this day, 1st April, 2016, 33 MLAs. The Speaker being the Presiding Officer holds the mandate to decide the issues within the Legislative Assembly in respect of the proceedings within the Assembly. This is settled law.

The legality of the declared to adjourn the Assembly session on 28th March was illegal and malafide, a Division Bench of the Uttarakhand High Court is not only under question but cannot be accepted by any measures or the scope of the Constitution. The High Court could not have deferred the floor test from March 28 to another day after a week. This Order of the High Court could not be justified by any stretch of the imagination as it violated the principles of natural justice, rule of law and even the credibility of the judicial standards. The Congress leaders had erred in the first instance to go to the High Court which is far away from Dehradun and located in a difficult terrain in Nainital. Secondly, the Congress legal barons should have consulted the leading men in profession like Shri K.Venugopal and Shri Ram Jethmalani. The Congress legal advisors failed to comprehend the situation which was being directly monitored by Shri Narendra Modi, the super man, in the Central government. This matter may come next week before the Supreme Court on a petition filed by Shri M.L. Sharma, Advocate which has questioned the Presidential Proclamation which was imposed in Uttarakhand. The Supreme Court may consider the issues which have emerged following the Uttarakhand episode. Yet the important point of law shall remain unanswered how Uttarakhand was placed under President’s Rule, once the Governor of the State had directed to hold Assembly session to give an opportunity to Shri Harish Rawat to prove his majority on March 28. S.R. Bommai’s decision of the Supreme Court of March 11, 1994 has been squeezed by a Division Bench of the High Court of Uttarakhand by overruling the decision of the Governor of the State to hold Assembly session on March 28. This is mockery of the law and betrayal of the mandate of the Constitution of India. Can Prime Minister Modi defend himself in the present case of Uttarakhand?