SC grants four weeks to UOI to decide on wages of Army Porters

A Division Bench of Supreme Court of India presided by the Chief Justice of India, Mr. Justice T.S.Thakur today granted four weeks to the counsel of Union of India to file final reply in the Supreme Court on the question of determining wages of Army Porters working in J&K.

Prof.Bhim Singh, Sr. Advocate appearing for the Army Porters working in J&K has been pleading for the fixation of wages for the Army Porters who are being paid less than the minimum wages though they are working around the clock to assist the Army along the International Borders and sensitive areas of Line of Control in J&K.

The Chief Justice of India, Mr.Justice T.S. Thakur has asked the counsel for Union of India Mr.P.S. Patwalia to submit the final proposal before the court. the Union Counsel today ask for a little more time.

NPP Chief Patron pleads for peace in Kashmir

Proposes a committee under Dr. Karan Singh to seek people’s opinion

            Prof.Bhim Singh, Chief Patron of National Panthers Party and Executive Chairman of the State Legal Aid Committee, J&K while addressing a press conference in the boiling Kashmir urged Parliament of India to take initiative to ensure return of peace in the Valley and delivery of justice to those including children who have been denied justice and equity in the smokes leaping in the Valley of Kashmir due to bandh, closure, deadlocks, firing and lawlessness in the entire Valley of J&K.

            Prof.Bhim Singh was advised by the Supreme Court to visit Kashmir Valley while Panthers Party’s writ petition was being argued before the court of Chief Justice of India that he (Bhim Singh) should visit Valley and come back with the ground reality vis-à-vis Kashmir Valley.

            Prof.Singh after spending three days in the city of Srinagar as he was not allowed to visit any other districts outside the Srinagar City. Prof.Bhim Singh has requested the State Government to allow him to visit Districts of Anantnag, Budgam, Baramulla, Kupwara and other areas affected by violence and 52 days bandh and strikes. Prof.Bhim Singh regretted in the press conference that he was not allowed to meet the people in the Valley and he had to remain within city of Srinagar only. Prof.Bhim Singh visited deserted colleges and schools, met several lawyers in the High Court where there were hardly any litigants because of the strikes and breakdown in the transport movement in the Valley.

            Prof.Bhim Singh while addressing the press conference demanded that a committee under the leadership of Dr. Karan Singh, former Maharaja of J&K, be constituted with all prominent members of the Hurriyat Conference in it. He said that a representative of every recognized political party in J&K should also be included in the committee. This committee under Dr.Karan Singh’s chairmanship should be allowed to visit PoK and Gilgit also so that opinions of the residents of J&K in PoK and Gilgit shall also be taken on record.

In the meantime, the Governor of J&K, Shri N.N. Vohra should dissolve the State Govt.and take over the control of government’s powers under Section 92 of J&K Constitution. Prof.Bhim Singh also suggested that India and Pakistan should continue talking to each other on J&K and both sides should leave on the new constituted committee headed by Dr. Karan Singh should be allowed to function smoothly.

Prof.Bhim Singh expressed sympathies and love with all the kids and the children and the minors who have been badly hit by the pellet guns. He urged to stop use of any kinds of guns or explosive against the children of India residing in Kashmir. He said that he shall place all the facts he has experienced in Kashmir Valley before the Supreme Court of India that to ensure that justice shall flow from the corridors of the Supreme Court of India.  

Prof.Bhim Singh also made clear that the status of J&K should be maintained as was established by the Constituent Assembly and affirmed by the Constitution of India on 26thJanuary, 1950.

            Prof.Bhim Singh was accompanied by entire leadership of the party in Kashmir including its Vice President, Masood Andrabi, State General Secretary, Manjoor Naik, Provincial President, Farooq Ahmed Dar, State Secretary, Maqbool Malik and several districts presidents of Kashmir Valley.

Sd/-Mehboob Illahi, Press Secretary

NPP files counter to ‘status report’ filed by Solicitor General on writ petition for Governor Rule in J&K

The Solicitor General of Union of India, Shri Ranjit Kumar had filed a status report in the Supreme Court of India on the direction of the Supreme Court on writ petition filed by J&K National Panthers Party through its General Secretary, Shri B.S.Billowria, Advocate seeking promulgation Governor Rule in J&K without any delay to protect the life of the citizens in J&K.

Prof.Bhim Singh, Sr. Advocate argued for the petitioner had made a strong plea for the imposition of Governor Rule under Section 92 of J&K Constitution as the petition said that the governance had completely collapsed and there is no security and safety of the citizens in the state. The Supreme Court had directed the Solicitor General of India on 29th July, 2016 to file a status report on the situation. The Solicitor General filed the status report on 5th August, 2016. The Supreme Court Division Bench presided by Chief Justice of India, Justice T.S. Thakur had allowed Prof.Bhim Singh to file the counter reply to the status report.

The Panthers Party filed the status report before the Supreme Court of India today through its General Secretary, Shri B.S.Billowria, Advocate. The case has been listed for hearing on Friday, 26th August, 2016.

 

Sd/-Naveed Hussain Naik, Advocate

Legal Aid Secretary, JKNPP

Mob: 9953097680

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IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRL.) NO.102 OF 2016

 

IN THE MATTER OF:-

 

J&K National Panthers Party                                     …Petitioner

 

 

Versus

Governor of J&K & Ors.                                    …Respondents

 

 

SUPPLMENTARY AFFIDAVIT

I, B.S.Billowria, Advocate s/o Late Shri Kunj Lal, aged 51, National General Secretary of JKNPP  presently at  Jantar Mantar, New Delhi-110001, do hereby solemnly affirm and state as under: –

  1. That the petition of J&K National Panthers Party has been filed through this deponent which was listed before this Hon’ble Court for hearing on 29thJuly, 2016.
  2. That the Learned Solicitor General of India filed a status report in pursuance of Order dated 29.07.2016 passed by this Hon’ble Court in this writ petition.
  3. That this Hon’ble Court was pleased to allow the petitioner to file a counter affidavit on the status report filed by the Solicitor General on the basis of inputs received from the State Government of J&K.
  4. That curfew was imposed in the entire Valley of Kashmir spread over nearly 15,000 sq. kms. of area on 8th July, 2016.
  5. There has been unrest in the entire Valley of Kashmir resulting in total anarchy, lawlessness, disruption in the functioning of public and private institutions including schools, colleges and the university centres in Kashmir Valley.
  6. That the public transport as well as private vehicles have been off the roads in Kashmir Valley since 8th July, 2016. Even the Shri Amarnath Yatra was disrupted repeatedly till it was concluded the other day.
  7. 60% of the population have gone off the work and the commercial activities have come to a standstill. There is no governance at all and the law-breakers and anti-social elements are governing the entire Valley threatening the very existence of living beings in the Valley.
  8. That this has affected the entire State of J&K as the National Highway from Pathankote to Leh, Ladakh has been disrupted. Commercial activities may they be at inter-provincial level or intra-state level have completely been disrupted. The pre-paid mobile telephones have been shut and internet system has not been functioning since 8th July, 2016. The lower judiciary is not functioning because of the collapse of the transportation and public order. The peace in the entire State stands threatened because of the breakdown of the communication with Kashmir Valley. The capital of the state is in Srinagar (Kashmir Valley) besides the High Court of J&K is also functioning from Srinagar in summer.
  9. The day to day proceeding can be gathered with accuracy from the reports dispatched by the Press Trust of India (PTI) from Srinagar.
  10. That this Hon’ble Court was pleased to seek status report from the Solicitor General of India on July 19, 2016.
  11. On July 29, 2016 when this Hon’ble Court heard this petition, the situation has deteriorated beyond imagination. But, what has happened is more and more people have died. The death toll is now nearly over 65; 150 to 200 people have been blinded apparently and thousands have been injured. All citizens of this Great Bharata-Alarming situation has arisen mainly because of pellet guns. They have become a symbol of an extremely chaotic order. Article 21 of the Constitution of India stands mutilated. 47 days(till 24-08-2016)of curfew in the Valley of flowers and heaven on Earth, Kashmir, has been caught in a dangerous cyclone.
  12. There has been a breakdown of civil administration. Essential services have failed, the medical service systems have broken down, educational systems have shut down, the schools and colleges are all closed and there is a massive humanitarian problem. There is no governance in Kashmir, the summer capital of the State.
  13. There is need to have a proper civil administration in J&K. Even the Civil Secretariat and judicial system are not functioning. Civil life stands disrupted for nearly 47 days. The State Government has failed beyond doubt and there lies need for save the people of the state and the security of India.
  14. In the past 47 days, the State Government could not come out with any particular initiative or any particular action, and the impression is going around that the Government, virtually, has disappeared or is not active and there lies urgent need for the President of India to act under Article 370 of the Indian Constitution read with Section 92 of the J&K constitution to advice the Governor of J&K to take over the administration in the state without any further delay in the interest of security of the state and the life of the citizens.
  15. Jammu & Kashmir is an extremely complex and complicated affair because nearly one-half of J&K State has been under illegal occupation of Pakistan which includes nearly 5000 sq. miles of erstwhile Jammu Province called ‘PoK’. And nearly, 32000 sq. miles of J&K (Indian) territory, Gilgit-Baltistanin 1948. Pakistan took control of Gilgit-Baltistan annexing this Indian territory as  Pakistan’s integral part in 2009. This has violated the U.N. resolution of 1948.
  16. That 50% of the original State of Jammu & Kashmir has been under the illegal occupation of Pak and China. The State of Jammu & Kashmir, which Maharaja Hari Singh acceded to the Union of India by signing the Instrument of Accession on 26th October, 1947, was 84,000 square miles. Today, India has hardly 42,000 square miles out of 84,000 square miles of J&K territory.
  17. There are many dimensions of the problems in J&K. There is the humanitarian dimension too. There are internal–external dimensions as well. There is the dimension of regional imbalances and regional problems in Jammu and Kashmir.
  18. Section 92 of the Constitution of J&K is the remedy available under the Constitution of J&K read with Article 370 of the Constitution of India when it becomes mandatory for the Governor of J&K to dismiss the government in J&K and impose Governor Rule in the interest of security and safety of the state and the citizens residing in that state.
  19. It is submitted that the authorities have failed to takeadequate measures to protect the lives of the people of the state and it is physically impossible to ensure supply of essential commodities in Kashmir Valley. Petroleum products cannot be moved into the Valley in the present situation because of the total disruption in the transport facilities, medical facilities cannot be provided to the patients and the students cannot go and sit in the examination. The ground reality as to law and order situation in the Kashmir Valley is concerned it has collapsed and the people have been living under the shadows of anarchy, disorder without any protection. There is no existence of rule of law or security.
  20. It is submitted that there is no governance  because there is no rule of law nor there is any security or safety of the citizens in the entire valley of Kashmir. The situation has gone beyond the control of the present Govt. Section 92 of the J&K constitution is the only remedy at this stage. The President of India is the only competent authority to advice the Governor of J&K to promulgate Governor rule in J&K by suspending the state assembly so that peace shall be restored and bridges of communication are built between the people of all provinces.

DEPONENT

VERIFICATION:

I, deponent, do hereby verify that facts of this supplementary affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed and suppressed therefrom.

Verified at New Delhi on this 24th day of August, 2016.  

DEPONENT 

NPP urge UHM to advice J&K Governor to impose Governor Rule to save impending disaster

NPP has urged Shri Rajnath Singh, the Union Home Minister to advice Shri N.N.Vohra, the Governor of J&K to invoke Section 92 of J&K Constitution to impose Governor Rule in the state without any delay. The Panthers Party has been holding peaceful protests in J&K seeking intervention of the Union Government to impose Governor Rule in the national interest and the security of the state. Prof.Bhim Singh said that the situation has completely gone beyond the control of the state government since July 8, 2016 and there is no hope in the administration of J&K to revive the situation in the national interest and security of the state.

          The Secretariat of JKNPP has appealed to all political organizations and those who believe in peace and security of the state to appeal the Governor to impose Governor Rule and take over the administration  in the national interest without any delay.

          Prof.Bhim Singh appealed the people of the Valley particularly the youth and the students to join hands with the Panthers Party to ensure that peace is restored in the Valley and justice is delivered to everybody.

          Panthers Party demanded that use of pellets (lead bullets) be banned (stopped) forthwith by declaring it as unlawful and against the letter and spirit of principles of natural justice and human rights. Prof.Bhim Singh said that use of pellets is not only inhuman but a dangerous weapon which cannot be permissible in a civilized society that too India which has been an ocean of love and peace for thousands of years. The Panthers Party has also decided to move a petition before the Supreme Court of India for the total ban on the use of pellets/bullets/deadly weapons against the civil activists to punish them. Such methods were used by the Israeli army/police against the Palestinians and the entire world had condemned the use of pellets/lead bullets. This is utterly against the humanity and peace loving policy of Bharata.

SC adjourned hearing till 26th Feb. on NPP petition against J&K Police assault against NPP leaders

A Division Bench of Supreme Court of India comprising of JJ Mr. Justice M.Y. Iqbal & Mr. Justice Arun Mishra adjourned the hearing of Writ Petition (Crl.) No.118/2007 titled as Ms. Anita Thakur & Ors. Vs. Govt. of J&K & Ors. on 26th February, 2016. That petition was filed in 2007 by Panthers Party leaders; Ms. Anita Thakur, General Secretary-JKNPP, H.C. Jalmeria, Advocate & Secretary of JKNPP with P.K. Ganjoo, Sr. Journalist against the Govt. of J&K (It was headed by the Chief Minister, Mr. Ghulam Nabi Azad at that time).

The other respondents in the writ petition included Mr. Kuldip Khoda, the then Director General of J&K Police, Divisional Commissioner, Inspector General of Police, District (Reasi) Magistrate, Mr. Sanjeev Verma, Mr. S.S. Sambyal, the then SHO, Katra, District Reasi, Mr. Samme Gill, the then ASI, Katra Police Station and others. The Supreme Court admitted the petition after comprehensive hearing the matter in 2007.

The Panthers Party petitioners in the Supreme Court have been represented by several advocates led by M/s. K.K. Venugopal, Sr. Advocate.

The petitioners had alleged that they were leading a peaceful march of Jammu/Talwara Migrants from Reasi to Delhi to stage a protest seeking implementation of Supreme Court order dated 13.07.2006 in which the Supreme Court had directed the Govt. of J&K and Union of India to provide adequate relief and the arrears to the migrants from 2004 to 2007. The State had admitted before the Supreme Court that the Jammu Migrants (petitioners) had not been paid any relief till 2007 (till the decision of the Supreme Court on 13.07.2006). The Supreme Court had directed that, “If there are lapses on the part of the officials or any arrears to be paid to the migrants (Jammu), the same shall be made available to them at the earliest.”

The migrants took a procession ‘Reasi to Delhi’ in August, 2007 and reached Katra on 7th August. The Panthers Party senior leaders including Ms. Anita Thakur, H.C. Jalmeria and P.K. Ganjoo (Journalist) assisted and provided moral support to nearly 3000 migrants including old, young, women and children in laps. They were stopped by police under the instruction of Mr. Ghulam Nabi Azad, the then Chief Minister of J&K. The order was implemented by the then Director General of Police, Mr. Kuldip Khoda. The police used force, assaulted the migrants and their chlidren on the road near Katra on 7th August. Two senior leaders of the Panthers Party namely, Ms. Anita Thakur and H.C. Jalmeria, Advocate and Sr. Journalist, Mr. P.K. Ganjoo were helping and assisting the peacefully marching migrants. They were brutally assaulted by the police. The entire story is submitted in the Supreme Court in writ petition which shall be heard finally on 26th February, 2016 by the Supreme Court.

Prof.Bhim Singh said that the assault was organized and sponsored by the Chief Minister as the Congress government was against any assistance to be given to the Jammu Migrants.

Prof.Bhim Singh, Sr. Advocate said that the assault against the Panthers Party activists was sponsored by the Congress Chief Minister who was given all help and support by the then Director General of J&K Police, Mr. Kuldip Khoda. Prof.Bhim Singh said that the Panthers Party leaders were thrown out from Jammu Hospital at the instance of Congress Chief Minister. He said that the Sir Ganga Ram Hospital, New Delhi has verified the physical injuries caused to the petitioners.

The petitioners have demanded a compensation of Rs.10 lacs each from the State of J&K and the Union government besides, the petitioners have urged the Supreme Court to register FIR against the respondents and to hold a trial before a special court so that the culprits shall be punished according to the law. He said that the Govt. of J&K has been holding a trial against the petitioners in District Sessions Court, Reasi since 2007. Why not hold a trial against the police officers/ functionaries who have committed offences and violated the constitutional rights of the petitioners.

Prof.Bhim Singh was assisted by Advocates M/s. B.S. Billowria, D.K. Garg, P.V. Yogewaran and others.