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