Will not allow repeat of 1990 in J&K: Chidambaram

August 12, 2013
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New Delhi, Aug 12: Insisting that the situation in violence-hit Jammu and Kashmir is under control, the Centre today said it will extend all help to the state government in maintaining law and order and asserted that the repeat of forced migration witnessed in 1990 will not be allowed.

Finance Minister P Chidambaram, who made a statement in Rajya Sabha on behalf of indisposed Home Minister Sushilkumar Shinde, defended the decision of the state government not to allow BJP leader Arun Jaitley to visit Kishtwar town, the scene of communal violence.

Responding to concerns expressed by members over violence in the state, he said the situation in Kishtwar was "near normal" and no untoward incident had been reported since August 9.

While noting that violence had been witnessed in some other parts of Jammu province, the minister said, "Overall situation in Jammu and Kashmir is tense but under control."

He said sufficient army contingents had been deployed in violence-hit areas and they conducted flag marches to instill confidence.

"The central government will extend all support to the state government to maintain law and order and ensure peace and harmony in the state," he said.

He sought to dismiss apprehensions that the situation could go out of hand and lead to a repeat of 1990 when the entire Kashmir Pandit community was forced to leave the Valley.

"We will not allow repetition of 1990. We will not allow forced migration. We will not allow forced resettlement," he asserted.

Stating that a judicial inquiry into the communal clashes in Kishtwar district would be conducted, Chidambaram said the state government would be asked to make it a "credible inquiry".

Giving details of the events that unfolded since Friday last in Kishtwar town, Chidambram said violence erupted after a clash between some individuals and processionists on the day of Eid.

Some of processionists raised "pro-azadi slogans", he said adding, however, that raising such slogans is not a new phenomenon as it happens "virtually every Friday".

Two people were killed in Kishtwar, while one was found dead in another area.

"So far death toll is three -- one Hindu, two from Muslim community. But all of them are Indians," he said, adding that he deeply regretted this.

On the action taken, he said Deputy Commissioner and Senior Superintendent of Police have been transfered. Also, several people have been arrested and more arrests would follow.

About problems being faced by the state, he said, "There is a challenge of infiltration. There is a challenge of terrorists. There is also challenge of undercurrent of tension between one community with another."

He said it is not correct to assume that the undercurrent of tension between one community with another is linked to terror element or external aggression.

Chidambaram said "near normalcy" has been restored and every effort would be made towards maintaining law and order.

Rejecting the Opposition's charge of "censorship", he said Jaitley was prevented from visiting Kishtwar as the district administration came to conclusion that it was "not an appropriate time" for the BJP leader to go there.

"This is not an unusual order. States have passed such orders in the past. District administration is the best judge of the situation," Chidambaram said, responding to questions by Jaitley as to why he was detained at Jammu airport which is quite far away from Kishtwar.

Observing that it was the time for restraint, he assured Jaitley and other political leaders that they would be allowed to visit once normalcy is restored.

Jaitley's party colleague Ravi Shankar Prasad questioned as to why a person of the stature of Leader of Opposition in the Rajya Sabha was detained under the Section 144, which prohibits assembly of more than four people at one place.

To this, Chidambaram said, "It is a status neutral section. It is also gender neutral, religion neutral and caste neutral." This evoked laughter in the House.

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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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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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