Omar slams execution of Guru, sense of alienation in youth in Valley

February 10, 2013

Srinagar, Feb 10: An angry Jammu and Kashmir Chief Minister Omar Abdullah today slammed the execution of Afzal Guru and said this would reinforce a sense of alienation and injustice among generations of youth in the Valley.

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Omar also said it was a "tragedy" that Guru was not allowed to meet his family before he was hanged and not allowed a "final farewell". The 43-year-old Parliament attack convict was hanged and buried in Tihar jail premises in Delhi in a secret operation yesterday.

Clearly unhappy with the hanging of Guru, the Chief Minister said there were many questions that needed to be answered.

Omar observed that the long-term implications of the hanging of Guru's hanging were "far more worrying" as they were related to the new generation of youth in Kashmir "who may not have identified with Maqbool Bhatt but will identify with Afzal Guru." Bhat was hanged in 1984 for murder of Indian diplomat Ravindra Mhatre in the UK.

"Please understand that there is more than one generation of Kashmiris that has come to see themselves as victims, that has come to see themselves as category of people who will not receive justice," Omar said in TV interviews.

"Whether you like it or not, the execution of Afzal Guru has reinforced that point that there is no justice for them and that to my mind is far more disturbing and worrying than the short-term implications for security front.

How we would be able to correct or address that sense of injustice and alienation is a question I do not have answers," he added.

Asked about the official position of the ruling National Conference on the hanging, Omar said," Obviously we would have it rather had not happened."

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Kashmiri students protest the execution of Mohammed Afzal Guru, in New Delhi on Saturday

Expressing himself against death penalty because “I have no bloodlust". Omar said as long as the capital punishment exists on the statute there should be no "pick and choose".

Asked whether the UPA government went for selective execution of death row convicts by hanging Guru, Omar said it will have to be proved to Kashmiris and to the world that the execution of Afzal Guru is not a "selective" one.

"I had a sense that Afzal Guru would be executed sooner rather than later. Generations of Kashmiris will identify with Afzal Guru. You will have to prove to the world that the death penalty is not used selectively. The onus rests on the judiciary and the political leadership to show that this wasn't a selective execution," he said.

The Chief Minister while agreeing that there were people who believe that Afzal's trial was flawed said there were enough voices in the rest of the country also who feel the same.

Omar said if the Centre wanted to protect itself from allegation that Afzal's hanging was political than legal, it will have to answer questions on other death row convicts.

"There are others on death who are also implicated in attacks on democracy. If Chief Minister of a state not a symbol of democracy? Is a former Prime Minister not a symbol of democracy? Of course, he is," he said referring to the death row convicts in the cases of assassination of former Prime Minister Rajiv Gandhi and Punjab Chief Minister Beant Singh.

Omar also said that many questions needed to be answered.

"The words used in the Supreme Court judgement are difficult to explain ... the judgement talks about satisfying collective conscience. You don't hang someone to satisfy collective conscience but to satisfy the legal requirements," the Chief Minister said.

On Guru's family not allowed to meet him, Omar said, "I cannot reconcile myself to the fact that his (Afzal) family was not allowed to see him before he was killed or executed. That to my mind, on a human level, is the biggest tragedy of this execution."

The Chief Minister also questioned the rationale of informing Afzal's family through post saying the reliability of the medium itself was questionable.

"If we are going to inform someone by post that his family member is going to be hanged, there is something seriously wrong with the system," he said.

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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