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.

Provide relief according to SC judgment, rehabilitation in their home villages

Prof. Bhim Singh, Supremo of NPP who has been agitating from the streets to the Supreme Court described the Cabinet decision of Modi Government on the relief to the Jammu migrants as a fraud, deception and discrimination as this Cabinet decision is taken by Prime Minister Modi in utter ignorance of the facts as he has not been informed correctly or he is trying to bluff the people on the real issues.
Prof. Bhim Singh reminded the Prime Minister and the poor Lok Sabha Member from Jammu Pradesh that the truth is to be understood.  He cannot cheat all the people all the times. 
He in a letter to Prime Minister Modi said, “there were 2012 Jammu migrants families as admitted by the State Government before the Supreme Court and the Legislative Council in 2006.  Jammu migrants were not paid in single penny from 2004 to 2006 and the arrears amounted to Rs. 21 crores.  This was also admitted by the State Government before the Supreme Court in affidavit.  The SC has directed J&K Government and the Central Government in July 2006 to pay all arrears to the Jammu migrants as well as provide them relief at par with Kashmiri migrants that the Jammu migrants have not been paid relief according to SC judgment.  The contempt case is still pending before the High Court as contempt proceedings against the Central and State Governments were initiated by the High Court in 2009.  The contempt case was referred by the SC to the High Court.  The Kashmiri migrants have been sanctioned Rs. 7.50 lacs (Rupees seven and half lacs) each family for the construction where as the no step has been taken for the return of Jammu migrants.  Not a single Jammu migrant has been given financial help, medical assistance or jobs to their children.  Not a single child from Jammu migrants has been given scholarship to go for higher education or even at local level.  52 boys (children of Jammu migrants) who were appointed as SPOs in 2003 when NPP was a coalition partner in the government, they were also shunted out in 2005.  No medical assistance, no shelter, no financial help at all.  Above all not a single Jammu migrants who are camping in Talwara (NHPC quarters) have been deprived up of drinking water and electricity even.  This is a tragedy against the Dogra migrants (Jammu migrants) only because they are Dogras home the National Conference, Congress, PDP and now BJP also takes as enemy No-I”. 
 
Prof. Bhim Singh conveyed to the Prime Minister, “the Panthers Party is prepared to make any sacrifice for the sake of their people who have been and are being treated as cattle.  This is evidence from the Cabinet decision announced by a local MP who does not know even ABC of his constituency and the problems of the people.  We are preparing for a long march from Jammu to Delhi to protest in front of PM house if all the issues and SC judgment is not implemented by 15th Dec 2015 this year.  You have your might and we have our truth with us”. 

 

Provide relief according to SC judgment, rehabilitation in their home villages

Prof. Bhim Singh, Supremo of NPP who has been agitating from the streets to the Supreme Court described the Cabinet decision of Modi Government on the relief to the Jammu migrants as a fraud, deception and discrimination as this Cabinet decision is taken by Prime Minister Modi in utter ignorance of the facts as he has not been informed correctly or he is trying to bluff the people on the real issues.
Prof. Bhim Singh reminded the Prime Minister and the poor Lok Sabha Member from Jammu Pradesh that the truth is to be understood.  He cannot cheat all the people all the times. 
He in a letter to Prime Minister Modi said, “there were 2012 Jammu migrants families as admitted by the State Government before the Supreme Court and the Legislative Council in 2006.  Jammu migrants were not paid in single penny from 2004 to 2006 and the arrears amounted to Rs. 21 crores.  This was also admitted by the State Government before the Supreme Court in affidavit.  The SC has directed J&K Government and the Central Government in July 2006 to pay all arrears to the Jammu migrants as well as provide them relief at par with Kashmiri migrants that the Jammu migrants have not been paid relief according to SC judgment.  The contempt case is still pending before the High Court as contempt proceedings against the Central and State Governments were initiated by the High Court in 2009.  The contempt case was referred by the SC to the High Court.  The Kashmiri migrants have been sanctioned Rs. 7.50 lacs (Rupees seven and half lacs) each family for the construction where as the no step has been taken for the return of Jammu migrants.  Not a single Jammu migrant has been given financial help, medical assistance or jobs to their children.  Not a single child from Jammu migrants has been given scholarship to go for higher education or even at local level.  52 boys (children of Jammu migrants) who were appointed as SPOs in 2003 when NPP was a coalition partner in the government, they were also shunted out in 2005.  No medical assistance, no shelter, no financial help at all.  Above all not a single Jammu migrants who are camping in Talwara (NHPC quarters) have been deprived up of drinking water and electricity even.  This is a tragedy against the Dogra migrants (Jammu migrants) only because they are Dogras home the National Conference, Congress, PDP and now BJP also takes as enemy No-I”. 
 
Prof. Bhim Singh conveyed to the Prime Minister, “the Panthers Party is prepared to make any sacrifice for the sake of their people who have been and are being treated as cattle.  This is evidence from the Cabinet decision announced by a local MP who does not know even ABC of his constituency and the problems of the people.  We are preparing for a long march from Jammu to Delhi to protest in front of PM house if all the issues and SC judgment is not implemented by 15th Dec 2015 this year.  You have your might and we have our truth with us”. 

 

Bhim Singh urges Election Commission to hold Rajya Sabha Elections in J&K through a single notification

In his letter, Prof.Bhim Singh, Chief Patron of National Panthers Party urged the Election Commission of India to hold Rajya Sabha Elections in J&K through a single notification in the interest of democracy and rule of law. The letter stated that,

“I am taking liberty urging your honour to kindly ensure that Rajya Sabha elections from Jammu and Kashmir are held through a single notification as a matter of equity and rule of law.

          All the four Rajya Sabha Members were elected on the same day, for the same period from J&K. Three notifications were issued last time where were opposed by the Panthers Party at different stages and from different platforms. The Panthers Party moved Election Petition challenging the validity of four Rajya Sabha Members from J&K in J&K J&K High Court. Unfortunately, three tribunals were changed for different reasons and the matter could not be decided. I myself argued the case twice as the First Judge (Tribunal) was transferred from J&K to Allahabad in the middle of the hearing. The second tribunal after having heard the matter could not deliver the judgment as he was retiring. Third Tribunal was again transferred and fourth one could not hear the matter at all in spite mentioning before the Chief Justice.

          This is sad how judiciary is, as the people say, is functioning in J&K. That is the sad end of the tragic tale of democracy in J&K.

          This is very important point which has not been settled till date that opposition/smaller groups in the states could only be accommodated if rule of law is ensured by the Election Commission of India.

          We have four seats in J&K in Rajya Sabha and we are holding election on the same day, same Electoral College, for the same period. What is the justification of issuing three notifications? This is only helping the ruling parties to keep the smaller parties out of contest. If there is one notification minimum number of MLAs would be about 18 but if there are three notifications then one Rajya Sabha Member would require + 44 MLAs. Naturally, two Members shall be elected by the ruling group or new alliance, BJP + PDP or anybody. The third notification to Rajya Sabha Members is only a mockery of the entire system. It shall encourage only horse-trading and daylight corruption horse-trading as it has been happening earlier.

          May I request your honour to kindly reconsider this matter, or you may refer it to the Legal Advisory Committee for their independent opinion in this regard. The present proposed elections for 7th February, 2015 may be postponed or may be held through one notification.

          Sir, wisdom lies in daring.”

Bhim Singh meets CEC, demands re-poll in Udhampur Parliamentary Constituency in the interest of democracy

Prof.Bhim Singh, Panthers Party candidate from Udhampur Parliamentary Constituency this morning had 30-minutes meeting with Shri V.S. Sampath, the Chief Election Commissioner at Nirvachan Sadan, New Delhi and submitted a petition to the CEC urging re-poll in the entire Parliamentary Constituency for the reasons that the poll held on 17th April, 2014 was vitiated with rigging, fraud and EVM manipulation by the Congress and BJP candidates supported and abetted by Shri Omar Abdullah, the Chief Minister of J&K. Prof.Bhim Singh informed the CEC that Gulabgarh Assembly segment recorded 82% of poll which was a total fraud as almost all the male members had migrated to Punjab and Himachal Pradesh as they usually do in the month of April & May to seek work in the adjoining states. He also presented press clippings of local and national newspapers which have published stories on the rigging. He informed the CEC that almost all the 38 polling stations in Marwah Dachchan (Gulabgarh) were snatched by the local police officers and carried in helicopters which reached the office of Returning Officer after four days. The EVMs were taken away by the police leaving polling officers behind.

            Prof.Bhim Singh said that same thing happened with the EVMs which were used in Gulabgarh for recording votes. Some of the EVMs were taken to Rajouri District and then brought to Kathua after four days. This electoral crime was repeated by the Govt. of J&K after 26 years. In 1988, the Govt. of J&K headed by Dr. Farooq Abdullah joined by Shri Ghulam Nabi Azad the then General Secretary-AICC had manipulated and rigged the polls which remained on record. Prof.Bhim Singh had won by 32,000 votes in 1988 bye-election in the same parliamentary constituency still he was declared defeated by the power that be.

            Prof.Bhim Singh also presented a book on, ‘Murder of Democracy in J&K’ to the CEC which has carried the details on the murder of democracy by the Congress and the National Conference in 1988. The High Court Judge, Justice K.K. Gupta on an election petition filed by Prof.Bhim Singh had quashed the election by holding the election result as void. Since the Lok Sabha had dissolved by the day judgment was delivered on 15.10.1992, four years after the filing the election petition. The relevant Lok Sabha stood dissolved and replaced by this way.

            Prof.Bhim Singh urged the CEC to treat his petition as a challenge to the validity of polls held on 17th April, 2014 in Udhampur parliamentary election. He urged the CEC to issue notice to the main contenders namely, Shri Ghulam Nabi Azad (Congress) and Dr. Jitendra Singh (BJP).

            Prof.Bhim Singh urged the CEC that rigging could be checked to some extent if the voters identity cards issued by the Election Commission of India are retained by the Presiding Officer at the polling station till the counting is over. He informed CEC that hundreds of dead persons in the hills of Gulabgarh, Marwah Dachchan, Padar, Bani and Banihal have cast their votes which should be verified from the record in the interest of democracy and rule of law.

            Prof.Bhim Singh said that he has been fighting against electoral fraud committed by the power that be in Delhi and Srinagar which may prove counter productive for national integration and country’s unity if remained unchecked.

            The petition to the CEC attached.

Attachment:Letter-CEC 

Enhanced by Zemanta