SC grants four weeks to UOI to decide on wages of Army Porters

A Division Bench of Supreme Court of India presided by the Chief Justice of India, Mr. Justice T.S.Thakur today granted four weeks to the counsel of Union of India to file final reply in the Supreme Court on the question of determining wages of Army Porters working in J&K.

Prof.Bhim Singh, Sr. Advocate appearing for the Army Porters working in J&K has been pleading for the fixation of wages for the Army Porters who are being paid less than the minimum wages though they are working around the clock to assist the Army along the International Borders and sensitive areas of Line of Control in J&K.

The Chief Justice of India, Mr.Justice T.S. Thakur has asked the counsel for Union of India Mr.P.S. Patwalia to submit the final proposal before the court. the Union Counsel today ask for a little more time.

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

NPP Chief Patron pleads for peace in Kashmir

Proposes a committee under Dr. Karan Singh to seek people’s opinion

            Prof.Bhim Singh, Chief Patron of National Panthers Party and Executive Chairman of the State Legal Aid Committee, J&K while addressing a press conference in the boiling Kashmir urged Parliament of India to take initiative to ensure return of peace in the Valley and delivery of justice to those including children who have been denied justice and equity in the smokes leaping in the Valley of Kashmir due to bandh, closure, deadlocks, firing and lawlessness in the entire Valley of J&K.

            Prof.Bhim Singh was advised by the Supreme Court to visit Kashmir Valley while Panthers Party’s writ petition was being argued before the court of Chief Justice of India that he (Bhim Singh) should visit Valley and come back with the ground reality vis-à-vis Kashmir Valley.

            Prof.Singh after spending three days in the city of Srinagar as he was not allowed to visit any other districts outside the Srinagar City. Prof.Bhim Singh has requested the State Government to allow him to visit Districts of Anantnag, Budgam, Baramulla, Kupwara and other areas affected by violence and 52 days bandh and strikes. Prof.Bhim Singh regretted in the press conference that he was not allowed to meet the people in the Valley and he had to remain within city of Srinagar only. Prof.Bhim Singh visited deserted colleges and schools, met several lawyers in the High Court where there were hardly any litigants because of the strikes and breakdown in the transport movement in the Valley.

            Prof.Bhim Singh while addressing the press conference demanded that a committee under the leadership of Dr. Karan Singh, former Maharaja of J&K, be constituted with all prominent members of the Hurriyat Conference in it. He said that a representative of every recognized political party in J&K should also be included in the committee. This committee under Dr.Karan Singh’s chairmanship should be allowed to visit PoK and Gilgit also so that opinions of the residents of J&K in PoK and Gilgit shall also be taken on record.

In the meantime, the Governor of J&K, Shri N.N. Vohra should dissolve the State Govt.and take over the control of government’s powers under Section 92 of J&K Constitution. Prof.Bhim Singh also suggested that India and Pakistan should continue talking to each other on J&K and both sides should leave on the new constituted committee headed by Dr. Karan Singh should be allowed to function smoothly.

Prof.Bhim Singh expressed sympathies and love with all the kids and the children and the minors who have been badly hit by the pellet guns. He urged to stop use of any kinds of guns or explosive against the children of India residing in Kashmir. He said that he shall place all the facts he has experienced in Kashmir Valley before the Supreme Court of India that to ensure that justice shall flow from the corridors of the Supreme Court of India.  

Prof.Bhim Singh also made clear that the status of J&K should be maintained as was established by the Constituent Assembly and affirmed by the Constitution of India on 26thJanuary, 1950.

            Prof.Bhim Singh was accompanied by entire leadership of the party in Kashmir including its Vice President, Masood Andrabi, State General Secretary, Manjoor Naik, Provincial President, Farooq Ahmed Dar, State Secretary, Maqbool Malik and several districts presidents of Kashmir Valley.

Sd/-Mehboob Illahi, Press Secretary

Dogri Research Scholars in JU call on Prof. Bhim Singh, with their memoranda on their problems

jammu-=pressNearly two dozen Ph.D Scholars of Dogri Language Department in Jammu University met Prof. Bhim Singh, Chief Patron of NPP this morning with their strongly built memoranda on their problems they have been facing as scholars in Jammu University.

The scholars in their interaction they pleaded with Prof. Bhim Singh for  Panthers Party support to ensure a workable and genuine solution to the problems being faced by the scholars in Dogri language and the students in Jammu province. The scholars pleaded that Jammu Province is not provided educational facilities in Jammu Province. It is sad that districts of Poonch, Rajouri, Kishtwar, Doda and Ramban have not been provided a single school or college in the above said five districts when each district is having a sizable percentage of Dogri speaking state residents. The scholars told Prof Bhim Singh that there are 512 educational institutions in Jammu Province whereas with Dogri is start only in 60 institutions. The scholars said that this is tragedy that the Central University Kashmir is heaving ‘Kashmiri language’ as a subject in the list of syllabi. The biggest discrimination is noticed that the Central University in Jammu has not cared to include Dogri Subject in its syllabus.

  1. The Dogri Research Scholars submitted a memorandum demanding that Dogri should be included as a compulsory subject in all the colleges of Jammu Province.
  2. The Dogri scholars demanded that Dogri should be taught in all the higher secondary (10+2) schools in Jammu Province where Dogri has a prominent place among the local language.

iii.                              The Dogri scholars also demanded that Dogri should be included in the syllabus of 10+2 courses throughout Jammu Pradesh.

  1. The scholars also wanted that every educational institution where Dogri is included in the syllabus (60 colleges and several schools) as a compulsory subject.  The scholars regretted that the government of Jammu and Kashmir has proposed only four posts for teachers job in Dogri ignoring completely the demand for such teachers in the educational institutions where Dogri is included in the teaching syllabus.  Selecting four teachers for Dogri is not only discriminatory against the Dogri language but also an unforgivable fraud against the people of Jammu Pradesh.
  2. Those Dogri scholars of JU who were present in the meeting included Gopal Singh, Sonika Jasrotia, Manisha, Sheetal Sharma, Deepika Sharma, K. Khajuria, Rituraj Sharma, Sunil Kumar, Meenakshi, Asha Rani and others.
  3. Several senior leaders of the Panthers party were also present in the meeting included  Ms Anita Thakur State General Secretary, Rajesh Pargotra Provincial President, S. Paramjit Singh Marshal President PTU, Manoj Gupta, Shanker Chib and others.

 

Prof. Bhim Singh in a strong note to Shri Raj Nath Singh, the Union Home Minister urged to take this issue for consideration without delay so that the Dogri language which is in 8th schedule in Indian Constitution shall not fall victim to the conspiracy being hatched by handful of Congress–NC–PDP leaders who have been exploiting the people of Jammu and Kashmir for their personally interest and interest of some agencies working behind to sabotage the union of the state with the rest of the country.  Prof. Bhim Singh assured the scholars that he shall take up the matter before the Supreme Court of India to ensure justice and equity to the students of Dogri language.

Prof.Bhim Singh, Sr. Advocate argues strongly before SC for application of NEET for MBBS students of J&K

Prof.Bhim Singh, Sr. Advocate & Executive Chairman of the State Legal Aid Committee, J&K today made a strong appeal before a three-judge Bench of the Supreme Court of India seeking its clear mandate to allow the NEET application in J&K so that the ruling political weights and high profile bureaucrats shall not use this process for the promotion of their children as it has been happening for the past 60 years in J&K.

          Prof.Bhim Singh was arguing against the IA filed by the State of J&K (comprising of BJP and PDP) made strong submission against the State of J&K demand to keep NEET process out of the doors of J&K. Prof.Bhim Singh submitted in Supreme Court that NEET is a good beginning to introduce the doors of justice and equity for the students of J&K so that they can also get an opportunity to enter into the MBBS and BDS courses throughout the country which has been denied to them for several years. Prof.Bhim Singh submitted before the court that the students and their parents have expressed full faith in the latest system,NEET and hoped that the students of J&K shall get an opportunity to go anywhere in the country for building their bright future as doctors and dentists.

          Prof.Bhim Singh in his arguments strongly opposed the appeal of J&K government to exclude the State of J&K from the applicability of NEET. Prof.Bhim Singh said Article 370 became defunct when Maharaja Hari Singh, J&K was removed by the so-called Constituent Assembly headed by Sheikh Abdullah and supported by the Congress in 1952. Prof.Bhim Singh argued that Article 370 has ceased to exist and could not be relied upon any longer. He said that J&K is integral part of Union of India and no special concession for corruption and illegal action can be given to the State of J&K. He prayed the Supreme Court of India to dismiss IA 20 & 21 filed by the Govt. of J&K before the Supreme Court to ensure that, “I (Bhim Singh) an Indian like all other residents of J&K and entitled the share the benefits and fruits of the fundamental rights incorporated in the Constitution of India under Article 14, 21 and other provisions”. He urged the Supreme Court to dismiss J&K State’s application without delay.