Kishtwar violence: Omar Abdullah hits out at BJP, flays attempts to recreate 2008 situation

August 11, 2013

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Srinagar, Aug 11: Jammu and Kashmir chief minister Omar Abdullah on Sunday accused the BJP of trying to flare up the situation in Kishtwar to polarize the population with an eye on next year's elections to Parliament and the assembly.

Vowing to ensure swift action against those involved in violence that erupted on Friday and appealing to the people not to fall prey to rumours, he said the government has taken a decision not to allow any political party or leaders - be it from mainstream or separatists - to visit the violence hit areas as it had the potential of deteriorating the situation.

"And that includes Arun Jaitley too," Omar said soon after the BJP leader was detained at Jammu airport while he was on his way to Kishtwar for an on the spot assessment of the situation.

Without naming any political party, the chief minister lashed out at politicians for trying to polarize the situation in Jammu region and said, "their entire aim seems to be to recreate the conditions of 2008 (Amarnath land row agitation) so that they can exploit it in the subsequent Parliament (polls) and then the assembly election."

He said that he has spoken to the Leader of Opposition in Lok Sabha Sushma Swaraj.

"In a telephonic conversation with the leader of opposition, I asked her to tell their people in the region to maintain calm and not to flare up the issue," Omar said.

He alleged, "The aim is certainly to exploit the sentiment that has risen as a result of Kishtwar (incident), to try and polarize the people."

He said that so far they have not succeeded beyond a handful of incidents.

"But that has not stopped them from trying. Otherwise, what would be the justification for these people to rush to Jammu? Do they rush to any other place?

"I can name you incidents of communal riots in other states in this year itself. Have they been to those areas? Have they appealed to people? Why is that they single out Jammu and Kashmir, particularly Jammu region, for their special attention. Did I not have Shia-Sunni clashes in the valley not so long ago? Where were they then?" he asked.

The chief minister, while assuring that justice will be done, urged people to ignore rumours about the situation in Kishtwar and other affected areas.

"My earnest appeal to people is please do not allow these political parties, who are putting political interest above human interest, to exploit your sentiments, to exploit the situation," Omar told reporters at a hurried convened press conference.

"Please dismiss rumours because there are a lot of rumours floating around today.... We will restore order and we will ensure that justice is done," Omar said.

Omar said his appeal was directed at the common people and not the political parties.

"Rather than appeal to political parties, which I know will fall on deaf ears, I am using the channels of the media to appeal to the people of Jammu and Kashmir not to fall prey to rumours," he said.

The chief minister said his government will do everything to address the concerns of the people about the Kishtwar incident.

"I want to assure the people that we would do everything necessary to ensure that this trouble does not spread to other parts of state. We will also do everything necessary to restore calm and maintain calm in Kishtwar and surrounding areas," he added.

He said he will ensure that the facts of the inquiry ordered by the state government into the Kishtwar clashes are made known to the people.

"...As to how the situation developed, whether there were any administrative lapses, and if there were any lapses, who were responsible, and swift action will follow.

"We will also ensure that any people responsible for the deaths and damage to property in Kishtwar and in other areas will be brought to book and the most severe punishment will be handed out to them," he said.

Omar said he would be very open to the participation of the politicians if they had come with the intention of helping to improve the situation.

"The truth is that they are not. I have seen these people and their role in 2008 and 2010. Their only aim is to try and exploit this for their own political purposes. They have absolutely no human interest at heart," he said.

Omar said the situation in 2008 resulted in nothing but death and destruction and nothing changed on the ground.

"The final agreement that was worked out was similar to what had happened right in the beginning. But what happened was a huge loss of life and public property from which people are still reeling," he said.

Asked if the BJP and like-minded parties were fuelling the law and order problems in Jammu region following the Kishtwar incident, Omar evaded a direct reply.

"Who are the people who are burning tyres in Jammu? Who are the people who are forcing the people to shut their shops?" he asked.

In response to a question about possibility of disarming the village defence committee, Omar said these committees were set up with the only aim of combating militancy.

"A decision on this will be taken by the police administration," he said.

Omar said the authorities were also mulling the possibility of asking the people to deposit all the licensed weapons in their nearest police station.

"However, there are many unlicensed weapons also out there as one gun shop was looted (by the mobs) in Kishtwar on the first day of the clashes," he said.

The chief minister dismissed suggestions that the administration was lax in responding to the clashes saying the procedures laid down had to be followed.

"As much as we wish that things could be done by snapping fingers, it cannot happen. When the deputy commissioner felt that police and paramilitary personnel are not able to handle the situation as they were outnumbered, he sent a formal request to the Army for flag march as laid down in the constitution.

"The request had to be approved by army headquarters and troops needed to be mobilised which takes some time. The fact that we were able to restore calm within hours, before fall of the night, is indicative of the swiftness of the action," 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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