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 

Civil society wakes up to call of history, great hope for future of Jammu Pradesh

Mahraja Ranjeet singh the king of Punjab

Mahraja Ranjeet singh the king of Punjab (Photo credit: Wikipedia)

Prof.Bhim Singh, Founder of J&K National Panthers Party expressed a great hope in the rise of the civil society in coordination with the lawyers and academician fraternity which is destined to bring a scientific change in socio-political sphere of Jammu Pradesh. He said that this is only way to provide social security to the people of Kashmir Valley which can grow and developed as a secured society as a twin state in J&K. He said that Kashmir Valley was a province of the Punjab under Maharaja Ranjit Singh and this province of Punjab was merged into J&K in 1846 under the Treaty of Amritsar which had been opposed by Kashmiri leadership including Sheikh Mohd. Abdullah and his National Conference. He said that J&K has three strong cultural and social entities and each one; Ladakh, Kashmir and Jammu Pradesh have different cultural, linguistic and social identities which need to be appreciated by all democratic and secular forces inside and outside the state.

          Prof.Bhim Singh congratulated the lawyers’ fraternity and the notables from the civil society of Jammu Pradesh for sitting together to work out a joint action plan as to what needs to be done at this stage to save J&K as integral part of India and ensure that the enemies of India led by Anglo-American Bloc do not dare interfere with the internal security of India. He said that Anglo-American Bloc with the help of ISI have been maneuvering divide Jammu Pradesh in order to create communal divide in Jammu Pradesh to enable old Dixon Plan proposed by Jewish Australian Judge as UN Observer in J&K in 1951. The unity of Jammu is in the greater interest the security of the country and that could be done by the reorganization of the state by establishing twin state formula by creating Kashmir Valley state and Jammu Pradesh which is possible by amending Article 370 of the Indian Constitution. He said that Parliament is sovereign and competent to amend any provision of the Constitution of India in the interest of unity, integrity and sovereignty of the nation.

Prof.Bhim Singh had organized a grand meeting of the civil society in Jammu Club last month which was participated by several prominent political personalities and notables from the society including ex-Army Generals, Congress leaders who endorsed the Magna Carta, 1268 for Jammu Pradesh to ensure political equality, social and linguistic protection which alone can save the people of J&K from further death and destruction.

          Prof.Bhim Singh called on Panthers Party leadership in J&K and the volunteers to continue their struggle with care and caution as they have been doing after the Assembly election in J&K. He said the people of J&K have started missing the Panthers Party inside the legislature and they want return of Panthers Party back to the legislature so that the voice of the people shall echo once again from the floors of the legislature. He hoped that civil society shall continue its agenda without any hesitation or interruption.

Justice Dave refuses to preside Constitution Bench hearing petitions against NJAC

The Constitution Bench of 5-judges of the Supreme Court of India headed by Justice Anil R. Dave with JJ Mr. Madan B. Lokur, Mr. Justice J. Chelameswar, Mr. Justice Kurian Joseph & Mr. Justice A.K. Goel was adjourned suddenly when Sr. Advocate, Mr. Nariman appearing for AOR Association objected to the sitting of Justice Anil R. Dave as the President of the Constitution Bench on the ground that he has become a member of the NJAC being among the first two senior judges in the Apex Court.

Prof.Bhim Singh, Sr. Advocate appearing in person in his petition challenging the validity of NJAC deferred from Mr. Nariman submitting that Mr. Nariman did not represent other petitioners and each petitioner should be heard on this issue whether Justice Dave should preside/has authority to preside. He said that a judge is a judge as long as he does’t ceased to be. He further submitted before the court that the court should hear both sides on the objection raised by Mr. Nariman. Mr. Nariman should have addressed the court as any senior advocate should have done. Distributing leaflets in the court and threatening the judges by thumping the desk and asking the Constitution Bench to decide, “Hear and now, now and now alone” repeatedly did not reflect the decorum of the highest court of the country. Ambarrassed presiding judge suddenly announced that he would not hear the matter and adjourned the bench.

Mr. Mukul Rohtagi, Sr. Advocate and Attorney General also strongly objected to the remarks made by Mr. Nariman saying that this was totally misleading and condemnable what was witnessed in the court.