Survivors want to return to trace kin

June 22, 2013

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Dehradun, Jun 22: “Take me back, I want to go back.” This was how some survivors of the massive Uttarakhand floods cried in an emotional outburst when they returned on Friday with some member or other of their family or assorted group of pilgrims and tourists not among their midst, after enduring a harrowing five-day ordeal.

As a rescue helicopter touched down on this helipad in the Uttarakhand capital on a sombre, cloudy day in the hills, out stepped a group of five adults and three children.

Among them was a man in his late 30s. His face heavy with sorrow, he burst out crying the moment he disembarked. What was surely a moment of joy for a survivor was starkly not so.

“Take me back, I want to go back... My two children, my wife Rita, my parents are still stranded there with seven others.” That is all Amit Pande of Hardoi in Uttar Pradesh could say before being choked by a fresh spasm of tears.

Everybody has horrifying stories to tell, and it is not just the survivors. For instance, Mansi from Uttar Pradesh’s Saharanpur had come to Sahasradhara accompanied by a family member and two photographs of her sister, brother-in-law and their son posing together. All three are missing.

She had last spoken to her sister on Tuesday, when the latter managed to call on her way down from Kedarnath, the epicentre of the massive floods triggered by heavy monsoon rains.

“They said they have climbed down 4 km on foot, but rescue teams were yet to reach them. They have no food, no water. They mentioned seeing bodies lying around the temple area. Please find them and rescue them,” she could not fight back the tears as she requested a police officer. “I don’t have any other siblings. She is my only sister,” she pleaded.

Sharmilee Jawda, 16, had climbed the hills around Kedarnath with her family members just before the cloudburst hit the valley. There were two children with them — her brothers, one aged 11, another aged eight. “It turned out that we were at a safe height when the boulders came rolling down. Many others, too, managed to reach where we were. We had to remain there two days... no food, no water,” she said.

Asked about the airdropped food packets, she said they could hardly get hold of any; there were too many people. She was brought back on Thursday with her brothers and her mother. Her uncle, who had rushed here from their hometown, was waiting for them when they landed by helicopter.

But her father and other members of their group are yet to reach Dehradun. They have been located and are safe, her uncle Chandrakant said. “They should arrive here shortly,” he was confident. The ordeal then seems over for this family. But scars will remain. “What did you see after things quietened down?” Sharmilee was asked in her room at the Jolly Grant hospital, close to the airport. “What could one have seen after all that destruction?” was her retort.

At the Doon Hospital, talking to Raj Kishore Trivedi, one knows exactly what the young Sharmilee means. Trivedi was the owner of a souvenir shop which stood right outside Kedarnath temple. Like much else in that area, his establishment is now a mound of slush and rubble. He survived with a broken leg.

On his hospital bed, it was not so much a survivor one saw as a man lost in thoughts, responding absently to questions of his and his family members’ well-being. They are all well and safe though, he confirmed. What is uncertain is the future.

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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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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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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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