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.

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 SinghKunjwal 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, 1stApril, 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?

NPP Supremo urges J&K Governor to dissolve J&K Assembly which is breathing on oxygen

Prof.Bhim Singh, Chief Patron of NPP has urged Shri N.N. Vohra, the Governor of J&K to close the doors of so-called negotiation with PDP and BJP in J&K begging them to wear the power crown in J&K so that the loot and anti-national agenda of handful of enemies of the country is allowed to flourish in the state.

          Prof.Bhim Singh reminded the J&K Governor that he is authorized by the State Constitution under Section 53 to dismantle the State Assembly in case there is no possibility of setting up a reasonable government of a party or parties which have unequivocal commitment to the Constitution of India to uphold national unity and its integrity. He said that the two parties namely PDP and BJP are poles apart in action and in their manifestos where they had sworn in before the Chief Election Commission of India to uphold the national unity, integrity and its commitment to national integration. The NPP Supremo said that Prime Minister Modi is more interested in power for his party than for the unity and integrity of the country. He is more passionate to protect saffronism than secularism and this was a national tragedy that Prime Minister Modi sacrificed the national commitment of his party for integration of J&K with the rest of the country. He said that Prime Minister Modi has forgotten that Article 370 is poisonous pill in the heart of the Indian Constitution which has kept J&K away from the rest of the country. He questioned the BJP’s role in J&K which is no less than those who were responsible for creating communal and sectarian conflict in the country.

NPP Supremo accused PM Modi for siding with the undesirable forces in J&K just for power least realizing that his alliance for power with PDP or NC is more dangerous than the ISI sabotage in J&K. He said PM Modi and his advisors have no idea about the situation prevailing in J&K nor they have any knowledge of the historical background vis-a-vis the Accession of the State with the rest of the country. He asked, does PM know the intriguing language used in Article 370?  Does he know the Article 370 collapsed on August 20, 1952 when so called state Constituent Assembly abolished Monarchy in the State? Does he know that J&K was not merged in the Union of India when all states joined the Union of India by 26thJanuary, 1950?  Does the PM know why J&K was not merged in the Union of India in 1950 with others states? Does he know that Article 370 turned dead on August 20, 1952 when the monarchy was abolished and Dr. Karan Singh was re-designated as Sadre-Riyasat from his status of ‘the Regent of the state’?. Does PM know that the Parliament he represents has no authority/power/jurisdiction to make any law vis-a-vis Jammu and Kashmir? Prof.Bhim Singh called on the Prime Minister and his team to find out the answers to these questions before he finally takes a dig in the politics of Jammu and Kashmir. 

Prof.Bhim Singh said that the Prime Minister owes a responsibility to answer why no government could be formed in more than two months in J&K? And why the Governor was forced to shut his pen to dismiss the State Assembly and go for fresh polls. He accused both the Congress and the NC leaders for shutting their ears and wrapping their eyes so that they see no evil and hear no evil. NPP Supremo blamed RSS to try to inflame communal passion in the country by trying to create vertical division in the society so that their dream of Hindutva rule is realized.

Prof.Bhim Singh expressed serious concern on the silence of national newspapers and media in the country to impose undeclared ban on the political situation and the activities of the nationalist political parties and the people. He accused Modi government for silencing the national media from reporting the facts and happenings in J&K. This is worst than emergency which people of J&K have been facing so that none shall, in the rest of the country, no the actual state of affairs and the truth vis-à-vis the situation in the state. BJP is lust for power in Kashmir can endanger the walls of National Integration.      

JKNPP protests outside BJP office New Delhi for its double standards, arrested

BJP bashing Afzal Guru supporters in Delhi, hobnobbing with them in Kashmir: Harsh

20160315_111317 Strongly condemning what it described as the double standards of BJP, the JKNPP held a massive demonstration in front of the BJP Office in New Delhi today. The protesters led by Mr. Harsh Dev Singh, Chairman JKNPP, Mr. Balwant Singh Mankotia, State President JKNPP and Mr. Yashpal Kundal, State President, Young Panthers raised slogans of Bharat Mata Ki Jai, BJP Hai Hai, Dogali Rajneeti Nahin Chalegi… Nahin Chalegi.A strong contingent of police comprising more than 100 police personnel pounced upon JKNPP leaders, arrested them and detained them in Parliament Street Police Station.

Mr. Harsh Dev Singh while taking a dig on the BJP expressed his skepticism over the criminal silence of the Saffron party of J&K state over the sedition row. He said that in a dangerous time where the whole country was burning with outrage, the J&K unit of BJP meekly surrendered before the commands of PDP for the lust of power. Rebuking the incongruous and dichotomous stand of the BJP at the Centre and in the State, he said that BJP was showing chauvinistic posturing over the seditious row by harping on the detention of JNUSU leader Kanahiya Lal in the Union capital but on the other hand it had turned servile and speechless in the State. He reminisced that following the formation of the PDP-BJP coalition government, the Saffron Party remained tight lipped over the release of a separatist leader Masrat Alam by the incumbent Chief Minister who was detained for inciting sedition and spewing venom against the country in Kashmir. He said that during the 10 months of unholy regime there were several occasions when ISIS and Pakistan flags were waved in Kashmir amid anti India and pro Pak slogans but the State BJP cowardly surrendered to the whims of Kashmiri leaders. He asked the BJP that why those anti national elements were not booked under sedition and where was its nationalistic character when they were allowed to go scot free. He dared the State BJP to agitate on the issue emanated from the death anniversary of Parliament attack convict Afzal Guru or else face the wrath of the Nationalist Dogras.

20160315_111608Flabbergasted by the dual stand of the BJP over the JNU row, Mr. Harsh Dev Singh maintained that the Saffron brigade had become power corrupt and put its kernel philosophy at stake by remaining dumb over the issue only to explore another opportunity to ally with the PDP which always supported the Separatists and favoured dialogue with them. He wondered how could BJP cobble up with the PDP clan and coronate Mehbooba Mufti as the Chief Minister who glorified Afzal Guru as a Kashmiri hero and remained a staunch supporter and sympathizer of other separatists and anti-national elements. He pointed out that the PDP had put the unwarranted conditions before the BJP for considering a re-alliance which included talks with the separatists and, in such a scenario further concession by the BJP would expose its perfidious character at large. He added that it would embolden the separatists and other anti national elements who incite sedition and attempt to wage a war against the country.

Mr. Balwant Singh Mankotia and Mr. Yashpal Kundal said that the incidents like JNU should be deplored and denounced by all the sects of the society and maintained that all the National political parties instead of playing politics over the issue must unite irrespective of their ideologies and take a serious cognizance of anti India propaganda whether unleashed in New Delhi or Kashmir because the Nation is supreme. They said that the perpetrators of the obnoxious event should be stringently dealt under sedition so that a strong message was sent to the divisive forces who were hell bent to vitiate peace in Jammu and Kashmir and destabilize the Nation.

Prominent among those who were present and spoke on the occasion and were arrested included Gagan Pratap, S. Paramjit Marshal, Purshottam Parihar, Balbir Singh Happy, Mohan Lal, Sohan Lal, Amar Deep, Arun Dev Singh, Varun Jamwal, Devinder, Nitin, Raman Singh, Vipul Rana, Sandip Kumar, Sushil Kumar, Vivek Soni, Shivanshu, Kaku Ram, Dinesh Dutt, Khem Raj, Hukam Chand, Sheru Ram, Subhash Chander, Raju, Jagdish besides others.

NPP makes strong appeal to Parliament to intervene to ensure benefits of Fundamental Rights for residents of J&K

The people of J&K have been suffering and passing through miserable times since 1950, when Constitution of India was adopted by keeping the Indian citizens (residents of J&K) out of the scope of the Constitution. The Panthers Party is committed to ensure delivery of all fundamental rights to the residents of J&K so that they are not deprived of the benefits of Fundamental Rights.” Prof.Bhim Singh, Chief Patron of J&K National Panthers Party made this announcement while addressing large rallies of residents of Poonch District in Poonch and Surankote today.

Prof.Bhim Singh made strong appeal to the residents of Poonch District who have been living in most difficult times and dangerous situation as Line of Control (LoC) runs through the hills of Poonch District. Prof.Bhim Singh said that the only solution of the problems of J&K lies in reorganization of the state. He argued forcibly in favour of reorganization of J&K by establishing Jammu Pradesh and Kashmir Valley State with freedom to the people of Ladakh region for opting Union Territory Status.

Prof.Bhim Singh strongly pleaded to make the temporary borders between India and Pakistan soft so that the divided families in thousands may get opportunity to cross LoC from either side without any problem or without any security risk. He said that reoganization of the state is the only way to ensure justice to the people of three regions. He made strong appeal to the people of Ladakh, Kashmir and Jammu to join the movement launched by the Panthers Party for the reorganization of the State of J&K. Prof.Bhim Singh strongly pleaded that this mission for peace can be achieved by the intervention of the Parliament of India by amending Article 370. He said that people of J&K cannot enjoy the full freedom of India nor its privileges unless Article 370 is amended and the Parliament granted full power to intervene vis-à-vis J&K. He said that Parliament should intervene, amend Article 370 and empower Parliament to take care of all the subjects enumerated in Article 370. The subjects mentioned in List-II (State List) shall be transferred to the legislature of Jammu State and Kashmir Valley State.

The rally was also addressed in Poonch by the several state and the district leaders including Ms. Anita Thakur (General Secretary), Mr. Ashfaq Rana (President, Distt. Poonch), Sardar Zorawar Singh (Secretary-JKNPP), Mr. Kuldip Raj Sharma (District Vice President), Mr. Tariq Khan (State Secretary), Mr. Rashid Mukeri and Mr. Salim Ahmed, Advocate (General Secretary-Young Panthers). Several noted social activists including Haji Mohd. Kalai resigned from the Congress Party after 50 years of his involvement in the Congress and joined the Panthers Party. Ms. Jabeena Begum, District President of Muslim Rashtriya Manch (floated by the BJP) resigned from the party and joined the Panthers Party. She declared in public meeting that she will work for the establishment of Jammu Pradesh in the interest of communal harmony of the entire people.

The Panthers Party also held a strong rally in Surankote and declared that the Panthers Party shall fight for fundamental right for all the residents of J&K. Prof.Bhim Singh urged the Union Home Minister, Shri Rajnath Singh to intervene to ensure that young labour/youth from Rajouri-Poonch Districts should be provided passports to travel to Saudi Arabia or to other Gulf States where the young people go for work and earned money. Prof.Bhim Singh accused the administration that they have banned passports to the youth who are not matriculates with the result many young people have been deprived to travel to the Gulf countries to earn their livings.

Ms. Anita Thakur, General Secretary also constituted Women Wing of the Panthers Party in Rajouri and Poonch Districts with a mission that the women of these borders and hilly region of Jammu shall get an opportunity for full participation in the social and political activities.

Whirlwind tour of Prof. Bhim Singh around Jammu Pradesh

Prof. Bhim Singh, Chief Patron of NPP while addressing a press conference at Jammu declared that JKNPP shall be celebrating its 33rd Foundation Day by several students, youth and revolutionary young people of Jammu and Kashmir. Prof. Bhim Singh while addressing the press conference declared that the Panthers Party shall lead the movement of the secular, progressive and nationalist forces in the state to ensure justice, equity and equality to the new generation in Ladakh, Kashmir Valley and Jammu Pradesh which got integrated in 1846 under the leadership of Maharaja Gulab Singh, the Napoleon of Jammu and Kashmir. 

The Panthers Party was formulated by several secular, progressive, nationalist, political activists mostly the Congressmen in 1982 under the leadership of Prof. Bhim Singh, the then sitting Congress MLA.  The first meeting was chaired by Shri Thakur Dass Chanotra the then District President of the Congress Party at Town Hall Udhampur on 23rd March, 1982. Prof. Bhim Singh resigned his MLA ship and was declared first President of the Panthers Party which declared that the party shall fight for the establishment of Jammu State, Kashmir Valley State and Ladakh.

Prof. Bhim Singh was first Panthers Party elected MLA in 1983 from Chenani Assembly Constituency.

The Panthers Party has a commitment to ‘Reorganize’ Jammu and Kashmir by the establishment of Kashmir Valley State, Jammu State with separate Chief Ministers.  The party ensures freedom to the people of Ladakh to choose between Union Territory or Kashmir Valley or Jammu State.  The Panthers Party stands for confederation of Jammu State, Kashmir Valley State and Ladakh region (unless Ladakh prefers Union Territory status). The State Subjects mentioned in Item 3 in the Schedule-VII shall be governed by state government. The subjects mentioned in Conncurrent List (III) may be looked after jointly by the two states. The items included in Central List (I) shall be taken care of (monitored) by the Parliament.  This is the mission of the Panthers Party for which it is mobilizing the general opinion particularly that of the youth. 

The Panthers Party calls on the youth of Ladakh, Kashmir Valley State and Jammu State to understand this mission which is the only way out for the glorious future of the people of all the three regions. There shall be two Chief Ministers, whereas both the states can have one Governor and one High Court. This is the message which Panthers Party shall deliver from its platform on 23rd March, 2016 at Jammu. 

Prof. Bhim Singh with his team of JKNPP leadership shall start 10 days tour from Jammu-Poonch-Reasi-Ramban–Kishtwar-Doda-Udhampur and finally shall return to Jammu after visiting Kathua and Samba districts.