Governor Rule in J&K highly necessary to save people from further death & destruction

Prof.Bhim Singh, Chief Patron, National Panthers Party and Executive Chairman of State Legal Aid Committee today appealed the Parliamentarians in the civil society of India to take urgent action to ensure that J&K survives the human disaster under the threat of the militants and anti-national forces. Prof.Bhim Singh said that 99% public opinion in the country is in favour of handing over the administration to the Governor by imposing Governor Rule in the state. The present government has failed from all aspects and three months’ time is more than sufficient to prove the facts that present government has failed from all aspects and angers concerning the security of the state and protection of the citizens.

Prof.Bhim Singh has also filed a writ petition in the Supreme Court under Article 32 of the Constitution of India for seeking a direction to the Union Govt. to advice the Governor of J&K under Section 92 of J&K Constitution to dismiss the present government and the Assembly so that Governor Rule is imposed, so that the people of J&K are provided social and physical security, so that a common man feels secured in his own home and so that rule flow returns to govern the state without any further loss of time.

NPP, others celebrate 121st Birth Anniversary of Maharaja Hari Singh, who acceded J&K to India

121st birth anniversary was celebrated with great pump and show by the activists of National Panthers Party, Bharatiya Samata Samaj and others at Jantar Mantar, the Hyde Park Corner of India this afternoon describing him as one of the greatest nationalists and Indian patriot who had challenged the British Crown in 1931 at Round Table Conference in London declaring that, “I am an Indian first and then a Maharaja”.

It was this declaration of Maharaja Hari Singh which made him to face several hostiletempests and storms from 1931 till the day he opted for exile on 5th March, 1948.

Prof.Bhim Singh, Chief Patron of National Panthers Party and post graduate in law from London University while addressing the Panthers Party activists at the historical Jantar Mantar, New Delhi declared that Maharaja Hari Singh had taken a historic decision by acceding to the Union of India on 26th October, 1947 and gathered support from all regions of J&K including Kashmir. He regretted that the Indian leadership in 1947 and 1950 failed to realize the international implication of keeping J&K out of the Union of India and did not include the State of J&K among 577 states of India which were included in the Union of India on 26th January, 1950. Prof.Bhim Singh said that this was the blunder committed by the Indian leadership in 1950 by excluding J&K from the list of states which were merged into the Union of India on 26th January, 1950.

maharaja-harisingh-birthdayThe Panthers Party described Maharaja Hari Singh as one of the greatest nationalists who had acceded the Union of India by signing the Instrument of Accession of 26th October, 1947. Prof.Bhim Singh said that Indian leadership failed to realize the significance and importance of the signatures of Maharaja Hari Singh on the Instrument of Accession in the presence of the then Home Secretary of India, Shri V.P. Menon.

Prof.Bhim Singh urged the Parliament of India to undo the wrong committed by the Constituent Assembly by amending Article 370 so as to empower the Parliament of India to legislate on the subjects which were included expressly by Maharaja Hari Singh namely, Defence, Foreign Affairs and Communication with Allied Matters on 26th October, 1947 in the presence of Shri V.P. Menon at Amar Mahal, Jammu, the winter capital of J&K.

Those who participated in the pushpanjali celebration included Rajiv Jolly Khosla, Romesh Khajuria, Om Kishan, Dildar Hussain Beig, Kali Ram Tomar, Bhawani Maharaj, B.R.Pal, K.K.Raghav, Swami Omji, Nancy Koul, Advocate D.Vidyanandam, Azgar Khan, A.J.Rajan and others.

SC fixes final hearing on writ petition against detention of Pak & POK prisoners in India

A Division Bench of the Supreme Court of India comprising JJ Hon’ble Mr. J. Chelameswar & Mr. Anay Manohar Sapre ordered final hearing on the writ petition filed by Prof.Bhim Singh, Sr.Advocate of Supreme Court against the illegal, improper and unconstitutional detention of nearly 250 Pak and POK prisoners languishing in Indian jails for over a decade.

Prof.Bhim Singh questioned the authority of the agreement on Consular Access signed between Govts. of India and Pakistan on 21.05.2008. Prof.Bhim Singh argued that Article 21 of Constitution of India cannot be shadowed or camouflaged by any executive order or authority. Article 21, he argued provides, “No person shall be deprived of his (her) life or personal liberty except according to procedure established by law.”

Prof.Bhim Singh said that any agreement or declaration made by any executive authority cannot override the authority of this command of Article 21. He said that this right of personal liberty is vested in every person (citizens of any country and all human beings) including foreigners.  

Prof.Bhim Singh said that Consular Access signed between India and Pakistan on 21.05.2008 cannot be accepted and does not pass the test of human rights as enshrined in Article 21.

Prof.Bhim Singh strongly argued for the release of 59 persons who have completed their sentence or against whom no offence has been registered but nationality has not been confirmed. He regretted that 59 prisoners stated to be, 59 Pakistani prisoners who have completed their sentence/offence not registered but nationality not yet confrmed are lodged in different jails/prisons and some of them in the detention centres in Delhi, Alwar (Rajasthan), U.P., Amritsar (Punjab), Bhuj JIC (Interrogation Centre) in Bhuj (Gujarat) and some of them are lodged in jails in J&K and Rajasthan. Prof.Bhim Singh said that Supreme Court direction to shift all prisoners from jails to detention centres has not been followed in totality.   

Supreme Court of India instructions/orders on the Pak prisoners not (other than under trials or convicts) dated 28.02.2012 issued by the Supreme Court in writ petitions (crl.) no.310/2005 & 82/2010 the Supreme Court had issued clear direction to the Union of India that,“It is indeed unfortunate that these 37 Pakistani prisoners who have been served out their sentence and are not required under Indian laws have been kept injail because their nationality has not been confirmed. Whatever may be the reason for delay in confirmation of their nationality, we have not even slightest doubt that their continued imprisonment is uncalled for. In no way, these 37 Pakistani prisoners can be treated as prisoners once they have served out their sentence. It is true that unless their nationality is confirmed, they cannot be repatriated and have to be kept in India but until then, they cannot be confined to prison and deprived of basic human rights and human dignity.”

The number of 37 has gone up to 59 according to the latest counter affidavit filed by the Union of India as mentioned above. The Union of India as well as the State of J&K have violated this order of the Hon’ble Supreme Court of India and several Pak & POK prisoners are being treated in jails in J&K, Rajasthan and in some other jails. In spite of the clear direction of Supreme Court that,

“However, suffice it to say that these 37 persons have to be formally released from jail immediately and be kept at appropriate place with restricted movements pending their deportation/repatriation. The places where they are to be kept—detention centres or by whatever name such places are called—must have basic facilities of electricity, water and hygiene.”

Prof.Bhim Singh said the both the Union of India and respective states have violated the orders of the Hon’ble Supreme Court. Prof.Bhim Singh said that in pursuance of the direction of Supreme Court, Foreign Office (Director-Foreigners) issued most immediate direction to the Principal Secretaries (Home) of all State Govts.,Union Territories administration etc. in reference to the orders of the Supreme Court in Bhim Singh’s writ petition. This order of Govt.of India was issued on 07.03.2012 which clearly directed all States that, “Release be ensured that all foreign nationals who have completed their sentence but whose deportation/repatriation is awaited due to non-confirmation of nationality/issue of travel documents by the country concerned maybe released from jails immediately and they maybe kept as appropriate place outside the jail premises with restricted movement pending their repatriation. It was made clear that this shall be done under the powers delegated to the State Govts. under Section 3(2) (e) of the Foreigners Act, 1946 and under paragraph 11 of the Foreigners Order, 1948.”

It was clearly instructed that foreigners so released must be kept in safe custody with basic facilities of electricity, water and hygiene with full security.

The Govt. of India, the Ministry of Home Affairs (Foreign Division) issued another instruction on 01.09.2014 directing the States/Union Territories to set up detention centres/holding centres/camps in various states/union territories for restricting the movements of illegal immigrants/foreign nationals awaiting deportation after completition of their sentences. Prof.Bhim Singh said that the Central Govt.has failed in this regard to take appropriate actions/remedies to ensure that the foreign nationals are repatriated to their respective countries.

Prof.Bhim Singh said that more than 15 foreign nationals have been sentenced for life and paid that their appeals maybe heard by the Supreme Court and those who have completed more than 15 years maybe sent back to their respective countries on the principle that they have completed more than 14 years in jails.Prof.Bhim Singh also said that the Govt. has accepted in its counter affidavit that 109 prisoners are still in different jails in India as under trial. He said that this is also violation of the direction of the Supreme Court order of  2008 in writ petition no.310/2005 where the Hon’ble Supreme Court had directed to conclude all trials of the foreign prisoners within one year. Prof.Bhim Singh argues that this order of the Supreme Court has also been violated. According to the rejoinder of the Home Ministry 64 foreign prisoners are undergoing sentence which include about 15 Pakistani prisoners undergoing life sentence in different jails in the country.

Prof.Bhim Singh request was accepted by the Supreme Court and the matter fixed for final hearing for 9th of September, 2016.

Sd/-B.S.Billowria,Advocate

Secretary, State Legal Aid Committee,J&K

Bhim Singh calls on J&K Governor, interacts with stakeholders and NPP leaders in Srinagar

Prof.Bhim Singh, Chief Patron of National Panthers Party and fighter for human rights and peace arrived Srinagar today. He was received by several Panthers Party leaders at the airport who briefed him about the ‘explosive’ situation that has been flooding in the Valley for the past 52 days and remained unabetted.

          Prof.Bhim Singh drove from the airport straight to Raj Bhawan and met Shri N.N. Vohra, the Governor of J&K. Prof.Bhim Singh discussed the present turmoil with J&K Governor and urged for his intervention under Section 92 of J&K Constitution so that peace is brought back in Kashmir and confidence of the people is restored.

          Prof.Bhim Singh also held an urgent meeting with the senior leaders of the Panthers Party in Kashmir including Shri Masood Andrabi, Vice President-NPP, Shri Manjoor Ahmed Naik, General Secretary, Shri Farooq Ahmed Dar, Provincial President (Kashmir Province), Shri Maqbool Malik, State Secretary, Shri Mehboob Illahi, Press Secretary and others.

          Two hours indoor meeting of the Panthers Party leaders discussed the role that Panthers Party is destined to play to restore peace in the state of J&K so that confidence of the youth in the system is restored. The Panthers Party leadership in Kashmir Valley is of the view that all kinds of violence and violation of law should be stopped forthwith and the minor youth detained/arrested should be allowed to return to their homes. Prof.Bhim Singh that Constitution of India does not allow children/minors to be detained in the jails/prisons/police stations.

Prof.Bhim Singh expressed hope that the Governor Rule shall be imposed in J&K which shall be in the interest of the people of the entire state at present. The Panthers Party also made an appeal to the people of the Valley particularly the youth and students to ensure that violence is completely kept out of the movement and peace is given a chance.

Prof.Bhim Singh said that he would like to visit all the important places in the Valley including Karnah, Kupwara, Baramullah, Pattan, Mattan, Anantnag and all other places which have been affected by violence. Prof.Bhim Singh assured the people of the Kashmir particularly the youth that the Panthers Party shall continue their fight democratically from Srinagar, Lal Chowk to the doors of the Supreme Court seeking justice and equity for all and end of guns may they be ballot or bullet. The Panthers Party urged the Governor to intervene within his authority to ban use of all kinds of guns and bullets against the children and the youth.

Prof.Bhim Singh shall be meeting the prominent leaders of Hurriyat Conference during his stay in Srinagar. Panthers Party appealed to the bleeding youth of Kashmir that love is the most important weapon when the battle is for human rights and justice. He assured the people of J&K that Panthers Party shall continue its battle from the streets to the Supreme Court to ensure that justice is delivered to all whether in Ladakh, Kashmir or Jammu

Kashmiri political parties stand exposed The only way out is Governor Rule

Prof.Bhim Singh, Chief Patron of National Panthers Party expressed shock on the so-called J&K delegation meeting with the President of India saying that the delegation did not include any representatives of the respective parties from Jammu Pradesh or Ladakh. This was a delegation of the political parties which have been exploiting the Kashmiries for nearly seven decades in J&K. NPP Supremo said that the President of India could not grant audience to the Panthers Party or any other political group from Jammu Pradesh or Ladakh for the reason best known to the Hon’ble President.

Prof.Bhim Singh asked Omar Abdullah what he means by ‘political issue’ and what is its solution. He asserted that the political issue is that people of J&K have been governed ruthlessly and suppressed by bullets and police force right from 1947 after the state’s accession by Maharaja Hari Singh that took place on 26thOctober, 1947. NPP Supremo asked the leaders of the Congress and NC who met the President today to tell the world the names of the murderers of the students in Jammu Science College in 1966. Who murdered students in Kishtwar who were demanding a college. Who killed students in Poonch in 1978? Prof.Bhim Singh said that the so-called rulers of J&K have been using bullets, guns and horrifying detention centres to suppress the voice of the students and youth in Ladakh, Kashmir and Jammu for decades. He said that he has been arguing with national flag in his hands and preaching non-violence. In spite of that he (Bhim Singh) remained in jails for over eight years. Even as a Congress MLA in 1977 he remained in the lock-up on the detention order when Sheikh Abdullah was the Chief Minister. He said that he was caged in jails by almost every Chief Minister except during the Chief Ministership of Omar Abdullah because he spent most of the times in All India Institute of Medical Sciences in a patient.

Prof.Bhim Singh expressed surprise that the President of India could not make it convenient to grant audience to the representatives of the Panthers Party which is a recognized political party in J&K whereas he was kind to receive nearly 20 political leaders from the Valley only who had no charter of demand in their hands except creating confusion and helping enemies of India to strengthen their belief that J&K was apolitical problem.

Prof.Bhim Singh said that the Panthers Party has no legislator in the Assembly in J&K because the BJP joined hands with the Kashmiri leaders to rig the last Assembly polls which has been exposed today. Prof.Bhim Singh urged the political parties, nationalist leadership and those who have been supporting the movement to provide equitable right to the people of the three regions of the state namely, Ladakh, Kashmir and Jammu Pradesh. Prof.Bhim Singh said that Article 370 is the only problem and there is urgent need to amend Article 370 so as to empower Parliament of India to legislate on the matters listed in List-I of Schedule-VII of the Indian Constitution. How J&K can be integral part of the Union of India when the Parliament is deprived of the power to legislate even in respect of defence, foreign affairs and communications, the three subjects which Maharaja Hari Singh included in the Instrument of Accession on 26th October, 1947 like other rulers of 577 states. Prof.Bhim Singh urged the President of India to use his exclusive power vested in him under Article 370 read with Section 92 of the J&K Constitution. The Governor is the only solution and resolution at this time.