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.

Prof.Bhim Singh, Chief Patron of National Panthers Party accused the BJP-PDP leadership to foment communal conflict in J&K in order to regain the lost credibility of their political victory in J&K. This helps BJP to create a communal divide so that they succeed in their nefarious designs to divert the mind of the majority community in the country to gain lost support in the coming elections in Bihar and elsewhere. The NPP Supremo cautioned the Panthers Party activists and all other revolutionary groups and parties who have been opposing the BJP for its utter failure to follow their promised agenda in Jammu Pradesh. They have failed to hold delimitation of constituencies to remove political discrimination in J&K. BJP has failed to address the grievances of 15 lacs Pak and POK refugees who have been living a life of wretched of the earth for the past 67 years without statehood, civil or political rights. These refugees or migrants have been victim of Congress for many years and now the BJP is doing the same with the citizens of India as they are. BJP promised to destroy Resettlement Act, provide proprietory rights (Malkiyat) to the allottees from POK and Pak who have been living as allottees on temporary basis in the agricultural land which the people left in J&K while voluntarily migrating to Pakistan in 1947. The Govt. of J&K has enacted a Law allowing all these Pak-nationals (presently) to return and seek full rehabilitation on their lands. This Law has been challenged by the Panthers Party and is still pending before the Supreme Court of India with a permanent stay till disposal. Jammu Pradesh has 37 Assembly seats against 46 in the Valley. The population of the two regions is almost even. The BJP had made a commitment for holding delimitation which they forgot. There is discriminatory recruitment policy in J&K which is opposed by the Panthers Party tooth and nail from the streets to the Supreme Court. J&K government withdrew SRO in this connection on the petition of JKNPP but it reimposed the same discriminatory Law after the JKNPP withdrew petition. The J&K government under the leadership of Farooq Abdullah as Chief Minister in 1999 grabbed 28000 sq. kms. of forest land in Nagrota sector for the resettlement of Kashmiri Muslim Migrants. The petition filed by the Panthers Party against this communal enactment is pending in the High Court of J&K for final disposal. The State has been playing hide and seek with the High Court. The BJP betray the people of Jammu Pradesh, surrendered before PDP leadership for the sake of power and money which has been proved beyond an iota of doubt. A petition was sponsored before Jammu High Court (PIL) to seek an order on the existing Law just to provoke a section of the society. It needs a special care to find out who has sponsored another PIL before the Kashmir Wing of the same High Court. Interestingly, the two wings of the same High Court have issued parallel directions which need urgent attention of the Governor of J&K to ensure that the judiciary is not used for political ends by any individual or group of individuals. Prof.Bhim Singh said that this being done to create a communal divide in the state to divert the attention of the people from the real issues; chaos, disorder, anti-national propaganda, corruption and the issue of reorganization of the state by establishing twin states in J&K, Kashmir Valley and Jammu Pradesh where lies the only solution. He cautioned all nationalist activists and secular forces in J&K to act very carefully and with caution to defeat the ugly designs of the corrupt, communal and failed government.

A massive protest was held by the Panthers Party activists in front of Raj Bhawan, Jammu demanding return of security and accommodation of Prof. Bhim Singh, Chief Patron of National Panthers Party who was dislodged on 10th September, 2015 from his official residence, V.P. House, New Delhi. The Modi government rejected Ram Jethmalani, Member, Rajya Sabha and Former Law Minister who had sponsored accommodation for the Prof. Bhim Singh. The Modi government also rejected the request of Shri Ram Dass Athawle, Member Rajya Sabha to provide security accommodation as his guest.  Prof. Bhim Singh earlier in 1991 was allotted one room accommodation by Prime Minister, Shri Chander Shekhar on security reason which was cancelled by BJP government though Prof. Bhim Singh has been paying Rs.17/18 thousands per month. Several parliamentarians, advocates, social activists and notables had requested Prime Minister Modi to provide full security cover and accommodation for his security who has been doing a historic, courageous, nationalist and patriotic rule for the protection of national flag and national interest in J&K. 

The Panthers Party activists led by Ms. Anita Thakur General Secretary, Bansi Lal Sharma, Adv Political Advisor, Jagdev Singh, Coordination Secretary, Rajesh Pargotra, Provincial President, Naresh Chib District President today held demonstration expressing full solidarity with Prof. Bhim Singh in his heroic role in defense of national interest in J&K. Others prominent members who participated in the protest demonstration included Rakesh Gupta State Secretary, Shanker Singh Chib Provincial Secretary, Sham Gorka Vice-President PTU, Vilakshan Singh and Gagan Pratap Singh General Secretaries Young Panthers, Ravinder Jamwal Provincial Secretary, Bashir-Ud-Din District President Reasi, Rajesh Gondhi District General Secretary, Nirmal Kishore, Naveen Bali, Asha Rani, Vikram Singh, Akash Kumar, Baldev Singh, Jitender Gupta, Rakesh Verma etc. 

          The Panthers Party activists set on fire PM Modi effigy demanding immediate dismissal of BJP-PDP government which has become security risk in J&K. The demonstrators appealed to the people of the Valley, particularly the youth to maintain communal harmony and keep secular tradition and brotherhood alive.

Prof. Bhim Singh in his message on this occasion said that a handful of power hungry politicians are trying to create communal conflict to disturb peace in J&K at the behest of foreign powers which shall not be accepted by the people in J&K. He said that Govt. in J&K had failed to function in accordance with the Constitution and Law therefore Governor should invoke Section 92 of J&K Constitution to dismiss the government in the national interest and security of the state. 

Modi Govt. panicked, no Govt. in J&K PM should call NIC meeting

Prof.Bhim Singh, Chief Patron of National Panthers Party and Member of National Integration Council today strongly reacted to the Defence Minister’s statement during his visit to Kashmir Valley that, “Terrorism shall be met by terrorism”, NPP Supremo said, amounts to terrorism itself. This has reflected an open admission of Modi government that it has failed to provide security to the people in J&K and utterly failed to demolish foreign planted terrorism in the state. His statement has also revealed that present government in J&K in partnership with BJP has also utterly failed to protect the national security and civil liberty.

Another statement by senior BJP leader in Jammu last evening that the BJP cannot do anything with Article 370 for want of sufficient members in the Parliament. This is highly intriguing because BJP having majority in the Lok Sabha can always bring a resolution to empower Parliament to legislate in respect of J&K.

However, it is the President of India alone who can bring any amendment or change Article 370 as the mandate of the Constitution. These statements by the BJP Defence Minister in Kashmir and political statement by BJP leader in J&K have given clear signal that the Modi government has failed in J&K and cannot fulfill its promise vis-à-vis J&K.

The NPP Supremo urged the President of India to amend Article 370 by using his constitutional power in the interest of national interest, advice the Governor of J&K to dismiss the present government as it has failed to perform rather has become security risk. It must go.

Election Commission writes back to Bhim Singh, Denies violation of SC judgment on ‘paper trail’

Election Commission of India in its reply to Prof.Bhim Singh, Chief Patron of National Panthers Party has denied that, “The Commission has taken no initiative to implement ‘paper trail’ as directed by Supreme Court of India in the judgment dated 08.10.2014”. The Commission in its letter signed by Shri Madhusudan Gupta, Under Secretary has claimed that the allegation is not true. Prof.Bhim Singh in his letter dated 16.01.2015 addressed to the CEC has accused Election Commission for holding Assembly elections in December, 2014 in violation of the Supreme Court direction which read as,

“….we permit the ECI to introduce the same in gradual stages or geographical-wise in the ensuing General Election. The area, state or actual booth (s) are to be decided by the ECI and ECI is free to implement the same in a phased manner…”  

Admitting that VVPAT (Voter-verified paper audit trail) system was used in 71-Gandhinagar, 72-Jammu East and 73-Jammu West only. That means Election Commission of India has used ‘paper trail’ system in 3 out of 87 Assembly constituencies. Prof.Bhim Singh said that Gandhinagar Assembly constituency recorded 60% voting percentage whereas in the hills like Bani (Jammu), Bandipora (Kashmir) and other Assembly constituencies crossed voting percentage by 80%. Even in Udhampur Assembly constituency poll percentage crossed 82% which was not possible at all. Prof.Bhim Singh regretted that CEC is adopting ‘paper trail’ system only in two Assembly constituencies in NCT of Delhi say 40-New Delhi & 38-Delhi Cantt. This clearly shows, said Prof.Bhim Singh that the party in power in the Centre is trying to avoid the implementation of SC judgment for the obvious reasons. EVMs were manipulated in J&K and same shall be the situation in NCT of Delhi.

Prof.Bhim Singh said that the Panthers Party is filing a petition in the Supreme Court challenging the validity of the elections held recently in J&K which gave undue advantage to the BJP for obvious reasons.

Prof.Bhim Singh regretted that Election Commission of India has decided to hold biennial election to the Rajya Sabha for four seats in J&K through three notifications which is quite improper, unconstitutional, illegal and malafide as it is done so only to benefit PDP-BJP (new unholy alliance in the offing). In 2009 the Congress as a ruling party in the Centre played the same trick and fraud to secure all the four seats between two alliance partners namely, the Congress and the NC.

 

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.”