J A M M U   &   K A S H M I R    E D I T I O N

Omar sends a shocker to ally Cong
Jammu, March 2
Chief Minister Omar Abdullah has delivered a shocker to his ruling alliance coalition partner Congress, saying that he has “no option but to have a debate on the situation arising out of the execution of Parliament attack convict Afzal Guru in Delhi’s Tihar jail last month.

Chief Minister Omar Abdullah has told party leaders that he had his own political ground to defend. A file photo

BJP, NPP to corner govt on border fence compensation to villagers
Jammu, March 2
While the Peoples Democratic Party and the ruling National Conference (NC) are all gung-ho about dominating the Assembly proceedings on Monday by taking up Parliament attack convict Afzal Guru’s hanging, legislators of the BJP, National Panthers Party (NPP), Jammu State Morcha, an Independent legislator and an NC legislator have decided to raise the long-pending issue of border fence compensation to hundreds of villagers living close to the 198-km-long international border.

On guard: Following killing of two policemen in Handwara, security personnel conduct checks in Srinagar on Saturday. Tribune photo: Amin War

Pathribal fake encounter case: Army to record witnesses’ statements in Kashmir
Srinagar, March 2
The Army, which is holding court-martial proceedings in the Pathribal fake encounter case, has decided to record the of statements of the witnesses, including the family members of the slain civilians in Kashmir from March 5.

Fast track court acquits accused in rape case
Jammu, March 2
Sanjeev Gupta, Presiding Officer of the fast track court, Jammu, dismissed the case of the prosecution and acquitted Man Singh from charges of rape, after more than 10 years of the investigation and trial, as the prosecutrix was held to be a consenting party.

Jammu-based parties to oppose debate on return of Afzal Guru’s body
Jammu, March 2
With the state Assembly deciding to allow a discussion on the demand of the National Conference (NC) and the Peoples Democratic Party (PDP) for return of Parliament attack convict Afzal Guru’s body, the issue seems to have all ingredients to create ‘political polarisation’ on the floor of the House as Jammu-based opposition parties have joined hands to oppose and protest the move.

Sexual violence against women on rise
Srinagar, March 2
Crimes against women such as rape, molestation, domestic violence are on the rise in the state. On an average six rape cases are reported in the state every week, data reveals. Sexual violence may be increasing but crime such as murders and burglaries have declined.

No trade via Chakan da Bagh causes Rs 3-crore loss
Jammu, March 2
Indian traders have incurred loss of Rs 3 crore in the absence of trade via Chakan-da-Bagh in Poonch district over the past four days. “We have been trying to hold a meeting with Deputy Commissioner, Poonch, AK Sahu, who is the nodal officer of the trans-LoC trade but to no avail,” Chakan-da-Bagh Cross-LoC Traders Association president Pawan Anand said.

Ancient Beerwah caves not Centrally protected monuments: ASI
Srinagar, March 2
The Archaeological Survey of India (ASI) has said the ancient Abhinavgupt caves in Kashmir’s Budgam district are not Centrally protected monuments of national importance and has called for dismissal of the PIL, seeking declaration of the caves as sites of “cultural and religious importance.”

Guv tells women to avail benefits of govt schemes Jammu, March 2 A deputation of the Jammu and Kashmir Women Society called on Governor NN Vohra at Raj Bhawan here today. Governor NN Vohra interacts with a delegation of the J&K Women Society in Jammu on Saturday. A Tribune photograph

‘Cultural activities important for overall growth of students’
Rajouri, March 2
In order to prepare for national-level cultural events, hostel inmates of Baba Ghulam Shah Badshah University held a cultural evening yesterday. Under the supervision of Warden Danish Iqbal Raina, the programme was organised in Hostel Block A. Registrar Mohammad Rashid Chowdhary was the chief guest while Chair Professor of Mahatma Gandhi Chair Prof GH Dar was the guest honour.

Army holds medical camp in Rajouri
Rajouri, March 2
A free of cost medical camp was organised by a Rashtriya Rifles Battalion of the Army under the aegis of the Counter Insurgency Force (Romeo) for people of Azamtabad village in Rajouri district yesterday. Patients were examined by the Chief Medical Officer, Rajouri, and the Regimental Medical Officer.

Separatists to be freed soon
Srinagar, March 2
Even as moderate APHC chairman Mirwaiz Umar Farooq continues to be under house arrest and many others are in jail, the authorities in Kashmir are keeping an eye on the situation in view of the expected return of other senior separatist leaders.

Digging work snaps BSNL network
Jammu, March 2
On February 28 and March 1 the network of Bharat Sanchar Nigam Limited (BSNL) vanished into thin air in Poonch. The BSNL authorities attributed the problem to unplanned and indiscriminate digging work being executed by road widening agencies between Bhambla and Akhnoor.

Man drowns in river at Rajouri
Rajouri, March 2
A resident of Muradpur in Rajouri, Mohammed Zahir, drowned while he was taking a bath in a river here on Friday. As soon as the news spread in the area, local youths from the adjoining villages tried their best to save him, but failed.

Omar sends a shocker to ally Cong
Arun Joshi
Tribune News Service

Jammu, March 2
Chief Minister Omar Abdullah has delivered a shocker to his ruling alliance coalition partner Congress, saying that he has “no option but to have a debate on the situation arising out of the execution of Parliament attack convict Afzal Guru in Delhi’s Tihar jail last month.

Afzal Guru was buried on the jail premises. The National Conference that rules Jammu and Kashmir in alliance with the Congress had moved an adjournment motion in the state legislative Assembly on Friday seeking debate on the “situation” that prevails in the aftermath of the execution of Guru and asking for return of the body to his family.

Congress was further shocked, according to highly placed sources in the party, when Omar told party leaders that he had his own political ground to defend. “We are in the government because the NC has 28 members in the Assembly and if my share is reduced to five, you will ally with (main opposition) the Peoples Democratic Party,” sources quoted Chief Minister having told the Congress men.

The National Conference had moved the adjournment motion after the main opposition the PDP had moved the one on the same subject.

The two parties are reading from the same page on the issue, though they are bitter rivals in Kashmir politics.

“It was shocking for us, especially when we had rescued him last time (September 28, 2011) when he was caught in a catch 22 situation over a resolution moved by an independent member Engineer Rashid, seeking amnesty for the Parliament attack convict.

Out of blue Congress legislators, including ministers raised the issue of the disqualification of seven expelled members of the BJP, which led to a pandemonium in the House and its adjournment for the day. And the resolution could not come up for discussion.

Congress leaders are in touch with the high command, waiting for the final word as to how to respond to the situation created by the National Conference, the Peoples Democratic Party and CPI-M’s adjournment motions on the issue. So far, there are no clear directions, though it is understood that Chief Minister has conveyed to New Delhi that he would ensure that debate remains confined to one speaker from one party and the whole matter is over in less than two hours.

Now such a situation has been created that if the debate is held, then the secessionist sentiment would find endorsement to its agenda and it is not held then also is a problem for the NC as the PDP would exploit such a situation to the hilt against Omar and his government. Any backtrack at this moment, the NC sources said, would be suicidal for the party, politically.

Congress leaders feel that it becomes difficult to restrict the debate in such matters. They are also not sure that what kind of vocabulary and which version of Kashmir history would be discussed during the debate.

“The ball is in their court, we will play the ball only as per their shots and drops,” Congress leader said using the terminology of sports like tennis.

“Knowing the sensitive nature of the issue and the way there is an attempt to incite sentiments, we don’t think that the matter will remain confined to the return of Afzal’s body to his family, we fear that it will go far beyond,” a Congress party source said.

Explaining the bizarre nature of the situation, he said the whole international attention would be focused on the issue when the House would discuss an adjournment motion moved by the treasury benches.

Sources also disclosed that the Chief Minister had promised that no action would be taken before Congress makes up its mind on the issue until the party leaders talk to the high command. He had said so, the sources said, at a joint meeting of the two ruling alliance partners at the Chief Minister’s official residence on Thursday evening.

But on Friday morning, a close aide of Omar and provincial president of the NC, Kashmir zone, Nasir Aslam Wani and four others moved the adjournment motion. “It was like back stabbing us. They did not wait for our response,” a source in the party said.

BJP, NPP to corner govt on border fence compensation to villagers
Ravi Krishnan Khajuria
Tribune News Service

Jammu, March 2
While the Peoples Democratic Party and the ruling National Conference (NC) are all gung-ho about dominating the Assembly proceedings on Monday by taking up Parliament attack convict Afzal Guru’s hanging, legislators of the BJP, National Panthers Party (NPP), Jammu State Morcha, an Independent legislator and an NC legislator have decided to raise the long-pending issue of border fence compensation to hundreds of villagers living close to the 198-km-long international border.

Compensation and rental of land in forward areas occupied by the BSF to raise a permanent fence some 20 years ago along the international border still remains a distant dream for hundreds of farmers in Kathua, Samba, RS Pura and Akhnoor.

“I have moved resolutions and questions on the issue, which is of grave concern. In almost two decades not even a single penny has been given to farmers, whose lands have been occupied for border fencing in my constituency,” said Ashwani Sharma, Jammu State Morcha (JSM) legislator from Bishnah Assembly constituency.

“Last year after I moved a resolution, the government had promised to conduct a special recruitment drive to absorb youth of border areas to enable them to eke out a living but the promise remains a hoax,” said Sharma.

“It is a human issue and we would not let it fizzle out because of Afzal Guru. Legislators from Jammu would devise a strategy to corner the government in the budget session,” he said.

Panthers Party MLA from Samba Yashpal Kundal said, “I have discussed the issue with party chairman Harsh Dev Singh and president Balwant Singh Mankotia. We would stage a sit-in and compel the government to immediately give compensation to the affected farmers,” said Kundal.

He said the government would be compelled to take the existing fence close to the Zero Line. Kundal said the gates after every half a km on the border for allowing access to agricultural fields on the other side of the fence continue to cause hardships to the people, particularly to women, who have to undergo frisking while carrying food and water for their men.

Similarly, mines planted during the Indo-Pak stand-off following Parliament attack in 2001 have not been removed completely which continue to cause casualties and injuries to villagers, he said.

Independent MLA from Kathua Charanjit Singh said the problem persisted for the villagers in his constituency also.

“We call it the international border but they (Pakistanis) don’t. Hence the scenario along the international border is same like that on the Line of Control. Therefore, reservation benefits should also be given to the people living close to the international border,” said Singh.

National Conference MLA from Vijaypur Surjit Singh Slathia, who was recently dropped from the Cabinet, said the matter had already been taken up with the administration.

“Files have been sent to the Jammu Divisional Commissioner and a decision is likely soon. Some of the villagers have got compensation but since it’s a human issue, it will be raised during the budget session,” said Slathia.

During the budget session in February, 2012, the then Revenue Minister, Raman Bhalla, on the floor of the Lower House, had promised compensation to these farmers within two months.

The BSF has embarked upon a new exercise to increase the width of the border fence to 135-feet from the existing 60-feet.

Pathribal fake encounter case: Army to record witnesses’ statements in Kashmir
Ishfaq Tantry
Tribune news Service

Srinagar, March 2
The Army, which is holding court-martial proceedings in the Pathribal fake encounter case, has decided to record the of statements of the witnesses, including the family members of the slain civilians in Kashmir from March 5.

This, the Army authorities have said, this is being done to ensure “free, fair, and transparent trial” in the case.

Though the Army-initiated general court martial proceedings in the Pathribal fake encounter case began on September 20, 2012, however, families of the slain civilians developed cold feet and did not attend the proceedings as witnesses despite repeated summons by the Army authorities.

“Upholding the principles of justice, in a significant endeavour to facilitate timely conclusion of the case, the officer recording Summary of Evidence has been directed to move to Awantipur (in Kashmir) for recording the statements of the remaining witnesses,” a northern Command army spokesman said.

This he said is being done as an “exceptional effort” to “ensure free, fair and transparent trials” in Pathribal case. “The Army has taken upon itself to facilitate recording of statements of the witnesses including the kith and kin of the deceased, who had earlier expressed inability to travel outside Kashmir, citing the difficulty to travel to Nagrota,” he added.

After hearing the charges preferred by the CBI, the General Officer Commanding 16 Corps, who is based at Nagrota, had directed recording of the Summary of Evidence against the accused Army personnel. Subsequently in September last, the Army authorities had summoned the family members of five civilians, who were killed in a fake encounter in 2000, for attending the case as witnesses at Nagrota on September 20, 2012.

The families had sighted “remoteness” of the Nagrota, where court martial proceedings were being held, as one of the main reasons for not attending the proceedings as witnesses. Nagrota is 300 km away from the south Kashmir villages where from the families of slain civilians hail.

Considering the “sensitivity of the case” and the “difficulties expressed by the remaining witnesses”, the Army spokesman said the officer recording the Summary of Evidence would be moved to Awantipur to facilitate the recording of their statements.

“Recording of statements at Awantipur will commence from March 5,” he said. The Army hopes that this “extraordinary judicial initiative” would help in prompt and indisputable delivery of justice, he added.

He said so far statements of 26 witnesses, including all the Army witnesses and some police as well as government officials, have been recorded.

The case

Five civilians were abducted in May 2000 from their houses, days after 36 Sikhs were killed by unknown gunmen dressed in Army fatigues in the Chattisinghpora area of south Kashmir.

Following the killings, the Army had claimed to have gunned down five Lashkar-e-Toiba militants in an encounter at Pathribal in south Kashmir. The Army had said the slain militants were responsible for the killing of Sikhs at Chattisinghpora.

A case was registered in February 2003. The CBI had filed a charge sheet in 2006 against five Army personnel of the 7 Rashtriya Rifles for abduction, murder and criminal conspiracy.

The Supreme Court had given the Army the option to either opt for a civil trail of the accused or court martial proceedings.

Following this verdict, the accused are being tried by the Army authorities and subjected to General Court Martial proceedings at the Nagrota-based 16 Corps.

Families welcome decision

Welcoming the decision, the relatives of the slain victims said they need to go through the offer first and will decide accordingly. “It is a good thing, but we will have to see through the offer first,” said Rasheed Khan, the son of one of the slain civilians Jumma Khan. “I welcome the decision but we will attend the proceedings at the Awantipore provided we are provided security and the services of a lawyer,” said Shakoor Khan, whose father was killed in the encounter.

Fast track court acquits accused in rape case
Legal Correspondent

Jammu, March 2
Sanjeev Gupta, Presiding Officer of the fast track court, Jammu, dismissed the case of the prosecution and acquitted Man Singh from charges of rape, after more than 10 years of the investigation and trial, as the prosecutrix was held to be a consenting party.

On April 1, 2002, the mother of the prosecutrix lodged a verbal report with the Police Post, Rehari, and alleged that her daughter had gone to the market on March 30, 2002. But when the prosecutrix did not return, she along with her family members went in search of the prosecutrix and came to know that the accused, who used to reside as a tenant in their house, had enticed the prosecutrix and kidnapped her to some unknown place.

On this report, the police registered a case and started the investigation. During the investigation, the accused was arrested from his village and the prosecutrix was recovered from his custody, who was medically examined.

The police added Section 376 of the RPC to the FIR and after completion of the investigation presented a charge sheet in the court.

The Presiding Officer, while acquitting the accused, observed that, “From the material evidence on record, it is apparent that the prosecutrix had eloped with the accused to Delhi and stayed at the house of the relatives of the accused in his company for 15 days where she willingly had sexual relation with the accused. Thereafter she returned and went with the accused to his house at Tikri village. So the conduct of the prosecutrix is self-explaining. Despite getting sufficient opportunities, she did not inform any person on road or inside the bus about the incident even after coming back to Jammu, thus making it a clear case of consent.”

“The test always is as to whether the story given prima facie inspires confidence. In the opinion of the court, keeping in view the evidence led by the prosecution in the case, the court thinks that the story given by the prosecutrix does not inspire confidence and it can be safely said the prosecution has miserably failed to prove its case against the accused beyond a reasonable doubt,” held the judge.

Jammu-based parties to oppose debate on return of Afzal Guru’s body
Arteev Sharma
Tribune News Service

Jammu, March 2
With the state Assembly deciding to allow a discussion on the demand of the National Conference (NC) and the Peoples Democratic Party (PDP) for return of Parliament attack convict Afzal Guru’s body, the issue seems to have all ingredients to create ‘political polarisation’ on the floor of the House as Jammu-based opposition parties have joined hands to oppose and protest the move.

The Congress has kept its cards close to its chest and has decided to closely watch the situation.

Jammu and Kashmir Pradesh Congress Committee chief Saifuddin Soz said: “Congress people are there and they will decide on it (whether to take part in the discussion).”

State Congress chief spokesperson Ravinder Sharma remarked: “It is premature to comment on it. Let the appropriate stage come. We are closely watching the situation and we are seized of the matter. We will take appropriate action which is desired by the Congress.”

Speaker of the Legislative Assembly Mubarak Gul yesterday admitted the crucial adjournment motions moved by the National Conference, the PDP and the CPM, allowing a debate on the demand for return of Afzal’s mortal remains, who was hanged and buried in Tihar Jail on February 9.

Unprecedented din and sloganeering had forced the Speaker to adjourn the Legislative Assembly thrice yesterday.

The PDP and the CPM had also demanded for holding a discussion on the “grave situation arising after the secretive execution of Afzal.”

The debate will be held in the Legislative Assembly on March 4.

Jammu West MLA Chaman Lal Gupta said, “Whatever is happening in the Legislative Assembly is a part of competitive politics between the NC and the PDP. It is nothing but a Valley-based issue which doesn’t need to be discussed in the Assembly. The state doesn’t mean only the Kashmir valley, but also the Jammu and Ladakh regions. It should not be a state issue.”

Gupta said the Ladakh and Jammu regions had accepted the hanging of Afzal Guru because it was a “right decision”.

“Afzal Guru adopted all legal aspects to get acquitted and he had even moved a mercy petition which was rejected by the President of India. Both parties (the NC and the PDP) are trying to make an issue out of a non-issue. We will not accept it and will oppose the discussion in the Assembly,” he said.

Leader of the BJP Legislature Party Ashok Khajuria said the NC and the PDP were in a race to project as to who among them was the “biggest sympathiser of militants”.

“Such a situation is quite dangerous not only for Jammu and Kashmir but for the entire country. We will strongly oppose any debate on the floor of the House and will not allow Kashmir-based political parties to succeed in their game plan. The Centre should take serious note of it and initiate legal action against all those who are voicing in favour of militant sympathisers,” Khajuria said.

Balwant Singh Mankotia, Panthers Party MLA, said, “It is unfortunate that the two parties (the NC and the PDP) are bent on discussing a person who attacked Parliament. It is nothing but competitive politics to regain the lost political position in the Valley.”

“We have also moved an adjournment motion to hold a discussion on the demand for return of Pargwal’s native Chamel Singh’s body who was brutally killed inside a Pakistan jail,” he said.

Jammu State Morcha MLA Ashwani Sharma said, “We condemn the move and will protest against it. Such things should not be allowed to happen in the Legislative Assembly. There is no purpose to hold a discussion on such irrelevant issues.”

Sexual violence against women on rise
Azhar Qadri
Tribune News Service

Srinagar, March 2
Crimes against women such as rape, molestation, domestic violence are on the rise in the state. On an average six rape cases are reported in the state every week, data reveals. Sexual violence may be increasing but crime such as murders and burglaries have declined.

The number of rape cases registered in the state went up by nine per cent last year compared to 2011. In 2011, 277 rape cases were registered but the number shot up to 303 last year, according to the data released by the Jammu and Kashmir Police’s Crime Branch, which corresponds to average of six rapes every week throughout the year.

Rapes have witnessed an appalling increase in the region as the number has sharply gone up from the 245 rape cases recorded 2010.

Molestation cases also jumped from 1,194 in 2011 to 1,322 last year, marking an increase of 128 cases, which corresponds to an average of 25 molestation cases every week, the data reveals. In 2010, 1,038 molestation cases were registered.

Statistics are a grim reminder of the increasing insecurity faced by women in the state, which is known for its traditional values, hospitality and deep cultural roots.

Cases of violence by husbands increased to 301 last year compared to 286 cases registered in 2011.

Eve-teasing cases have witnessed a marginal dip as 347 such cases were registered in 2012 as compared to 350 the previous year, the data reveals. “Dowry deaths” have also recorded a marginal fall as eight cases were registered in 2012, as compared to 11 in 2011.

Other crimes, including murder, culpable homicide, arson, robbery, burglary and theft also recorded a sharp fall last year. While the number of murder cases registered last year has come down to 124 from 169 in 2011, the number of culpable homicide cases have also fell from 29 in 2011 to 16 in 2012.

The number of burglary cases have fallen from 1,516 in 2011 to 1,359 last year and cases of motor vehicle thefts has fallen drastically by nearly a half from 930 in 2011 to 548 cases last year.

However, the highest number of cases registered under any category, have been registered for road accidents which have increased from 6,665 cases in 2011 to 6,700 cases last year.

The Crime Branch data also mentions a case of custodial death in 2012.

Jammu district continues to remain the crime capital of the state with 4,432 cases registered in the district last year.

Srinagar district is in the second position with 2,920 cases registered in last one year, followed by Rajouri (1,970), Anantnag (1,594), Kathua (1,414), Baramulla (1,347), Budgam (1,282) and Udhampur (1,152).

The total number of cases registered in 2012 has been, however, slightly lower from 2011 as 26,558 cases were registered compared to 26,590 cases registered in its previous year, the data shows.

Crime file

• Data released by the Jammu and Kashmir Police’s Crime Branch six rape cases are reported in the state per week
• Crime such as murders and burglaries have declined
• Molestation cases also jumped from 1,194 in 2011 to 1,322 last year, marking an increase of 128 cases
• Cases of violence by husbands increased to 301 last year compared to 286 cases registered in 2011.
• The number of murder cases registered last year has come down to 124 from 169 in 2011
• The number of culpable homicide cases have also fell from 29 in 2011 to 16 in 2012
• The number of burglary cases have fallen from 1,516 in 2011 to 1,359 last year.

No trade via Chakan da Bagh causes Rs 3-crore loss
Ravi Krishnan Khajuria
Tribune News Service

Jammu, March 2
Indian traders have incurred loss of Rs 3 crore in the absence of trade via Chakan-da-Bagh in Poonch district over the past four days. “We have been trying to hold a meeting with Deputy Commissioner, Poonch, AK Sahu, who is the nodal officer of the trans-LoC trade but to no avail,” Chakan-da-Bagh Cross-LoC Traders Association president Pawan Anand said.

Traders have been on an undeclared strike since trade authorities at Chakan-da-Bagh blacklisted Dewan Traders after seizing three empty AK cartridges from his consignment. “On Tuesday which was the first day of trade this week only one truck carrying dates from PoK crossed over to India. It was also not received at Chakan-da-Bagh Trade Centre and was returned,” a trader said. From Wednesday till Friday no truck crossed over from either side via Chakan-da-Bagh, he added.

He said suspension of trade this week had inflicted loss of Rs 3 crore for traders. “It seems that the trade authorities and the Poonch district administration do not want to solve the problem,” he said.

Dewan Traders, it has been learnt, has moved an application before the Custodian of the Chakan-da-Bagh Trade Centre, Krishan Lal, urging him to reinstate his firm to settle his accounts with his counterpart in the PoK.

On February 27, Congress MLC from Poonch, Jehangir Mir had brought the matter to the notice of Governor NN Vohra seeking an early solution to problems being confronted by the cross-LoC traders. Deputy Commissioner, Poonch, could not be contacted.

Ancient Beerwah caves not Centrally protected monuments: ASI
Calls for dismissal of the PIL seeking preservation of the site
Ishfaq Tantry
Tribune News Service

Srinagar, March 2
The Archaeological Survey of India (ASI) has said the ancient Abhinavgupt caves in Kashmir’s Budgam district are not Centrally protected monuments of national importance and has called for dismissal of the PIL, seeking declaration of the caves as sites of “cultural and religious importance.”

This has been submitted by the ASI in its reply to the Jammu and Kashmir High Court in response to a PIL filed by two activists, Veer Saraf, convener of the Roots in Kashmir, and Tanvir Hussain Khan, who runs an NGO named Act Now for Harmony and Democracy.

Seeking preservation and protection of the site, the PIL had also sought an end to illegal mining activity around the ancient caves in the Beerwah area of Budgam.

After admitting the PIL, the high court had on October 16, 2012, stayed the “illegal” mining activity around the ancient Abhinavgupt caves in Budgam district and had also directed the state government to submit a report explaining how it regulates quarrying and mining activities across the region.

The court had also issued notices to the state government and other respondents, including the ASI, to file their response to the PIL.

“The writ petition is liable to be dismissed solely on the ground that no relief has been sought against the answering respondent. It is further submitted that the said cave is not Centrally protected monument of national importance,” the ASI has submitted in its response filed through Assistant Solicitor General of the Union of India SA Makru this week.

The ASI has further submitted that since the caves are not Centrally protected, therefore, the rules governing Centrally protected monuments cannot be imposed in the area for the protection and preservation of the caves.

“The caves at Beerwah are not Centrally protected monuments under the ASI, hence the site in question does not come under the provisions of Ancient Monuments, Archaeological Sites and Remains Act, 1958, and Rule 1959 and the ASI does not have any authority to stop illegal (mining) activities (at the site),” the ASI has said in its response to the high court.

The PIL had said that illegal mining activity at the site showed “callousness on the part of the ASI and local authorities and had termed it (mining) violative of rule 31, Chapter VII of Ancient Monument and Archaeological Sites and Remains Rules, 1959.

The PIL had said the Central Government had failed to declare these caves as ancient monuments and failed to prevent mining and other related activities at the site.

“Since the petitioners had taken up the matter with all concerned, including the state authorities, it was for them (state authorities) to stop the illegal activities, if any, around the caves,” the ASI submitted to the court, while denying the allegations of “callousness” on part of the ASI authorities.

“The petitioners have got no cause of action against the answering respondent (ASI). It is, therefore, prayed that the writ petition may be dismissed with exemplary costs,” the ASI wrote in the reply.

What the PIL says?

In the PIL, it has been submitted that the caves, also known as ‘Batte Gof’ (priest’s cave), are under a serious threat from the mining of rocks over the last two decades, since the Kashmiri Pandits migrated from the Valley.

Hindus and spiritual persons of Abhinavgupt’s time had recognised him as the spiritual head of the Shiva school of thought, which was prevalent in Kashmir before the arrival of the Islam, the PIL claims.

“It is believed that Abhinavgupt lived in Budgam district. This place has caves located in small hills at a place known as Beerwah,” the PIL states, adding that the mining activity started around the site after 1990. The PIL claims that the Archaeological Department, Forest Department, Geology and Mining Department of Kashmir and the Budgam district administration have allowed mining in the area.

The petitioners said they had written to and met officials to get the mining stopped but no action was taken.

In the PIL, it was appealed to the high court to issue directions to the respondent authorities, asking them to restrain persons responsible for carrying illegal quarrying in the area and asked for declaring the caves as sites of “cultural and religious importance” and to direct the authorities to develop the place as a tourist site.

Guv tells women to avail benefits of govt schemes
Tribune News Service

Jammu, March 2
A deputation of the Jammu and Kashmir Women Society called on Governor NN Vohra at Raj Bhawan here today. The deputation, led by president of the J&K Women Society Nirmal Padha, presented to the Governor a copy of the resolution, which was passed at a state-level seminar on “Violence Against Women”, organised by the society here in September last year. She briefed the Governor about the proceedings of the seminar.

Padha also briefed the Governor about various activities undertaken by the society, including organising literacy campaigns, health care services and supplementing the government efforts for promoting empowerment of women, besides its future roadmap.

Interacting with the deputation, the Governor emphasised the need for availing maximum benefits of various Central and State schemes being implemented for the advancement of women in varied spheres of human endeavour.

He suggested to the delegation to enlarge the orbit of the activities of their organisation and observed that possibilities would be explored to support their initiatives, aimed at promoting the welfare of women, particularly those in distress.

The deputation comprised Sarla Kohli, Ranjana Tickoo and Anju Pardesi.

A delegation of the Shia Federation, Jammu province, also called on the Governor and presented to him a memorandum of its demands.

The 11-member delegation, led by president of the federation Ashiq Hussain Khan, discussed with the Governor issues relating to the socio-economic development of the community.

The demands presented by the delegation included constituting an advisory board for the development of the Shia community in the state, representation to the Shia community of the Jammu region in the Legislative Council, employment package for youth of the community, opening of handicraft training centres and augmenting health care facilities in the areas with Shia population, particularly in Poonch district.

The Governor heard the delegation and assured it that its demands would be taken up with Chief Minister Omar Abdullah.

The delegation included Sheikh Sajjad Poonchi, senior vice-president of the federation; Dr Syed Iftkhar Hussain Jafri, general secretary, and Syed Fida Hussain Raza Rizvi, chief spokesperson.

Vice-Chancellor of the University of Kashmir Prof Talat Ahmad also called on the Governor here last evening.

The Governor, who is the Chancellor of the university, discussed the functioning of the university with professor Talat Ahmad, particularly issues relating to the recruitment of the non-academic staff without satisfying codal requirements in the past years and matters relating to the functioning of the off-site campuses.

The Vice-Chancellor also briefed the Governor about the to-date status of various ongoing research projects undertaken by the university and those in the pipeline. The Governor was happy to learn that consequent to certain initiatives taken by the VC, a number of students had won awards and scholarships for higher studies and research.

‘Cultural activities important for overall growth of students’
Tribune News Service

Rajouri, March 2
In order to prepare for national-level cultural events, hostel inmates of Baba Ghulam Shah Badshah University held a cultural evening yesterday. Under the supervision of Warden Danish Iqbal Raina, the programme was organised in Hostel Block A. Registrar Mohammad Rashid Chowdhary was the chief guest while Chair Professor of Mahatma Gandhi Chair Prof GH Dar was the guest honour.

The students performed solo songs, ghazals, poetry recitation, comedy, mimicry and skit presentation during the event, which was appreciated by all. Appreciating the students in his address, the Registrar said the university would provide every support to the inmates for organising such activities.

He said these activities were important in the overall development of the students and the university was serious to give a boost to such activities.

Terming the students of the university as best in both academics and co-curricular activities, the Registrar said the students of the university had recently participated in Virasat-i-Riyasat and other cultural activities.

The university bagged various titles in many cultural programmes organised in the state and outside last year.

He said they were thriving hard to improve the cultural activities to compete with students in rest of the country.

The Registrar advised the students to perform better in academic, sports and cultural activities to make the university an epitome of higher learning. Students who performed at the cultural event included Ahiz Qazi, Ubaid Raja, Shagird, Kaship, Mudasir, Sohail, Upneed, Sheer Jahan, Nazakat, Amir, Raja and Roomi. Resident Warden Parvaiz Alam presented a vote of thanks.

Army holds medical camp in Rajouri
Tribune News Service

Rajouri, March 2
A free of cost medical camp was organised by a Rashtriya Rifles Battalion of the Army under the aegis of the Counter Insurgency Force (Romeo) for people of Azamtabad village in Rajouri district yesterday. Patients were examined by the Chief Medical Officer, Rajouri, and the Regimental Medical Officer.

Specialised medical cover was given to women, children and elderly persons. Around 631 persons, including 184 women, 262 men and 185 children, were treated at the camp.

The team of the Army and civil doctors also made the local people aware of the importance of water hygiene in their day-to-day life and laid an emphasis on diseases such as hepatitis.

Dr Yunis Bhatt, in charge of Primary Health Centre, Azamtabad, said the Army’s gesture would strengthen the bond between people and the Army.

Separatists to be freed soon
Ehsan Fazili/TNS

Digging work snaps BSNL network
Tribune News Service

Jammu, March 2
On February 28 and March 1 the network of Bharat Sanchar Nigam Limited (BSNL) vanished into thin air in Poonch. The BSNL authorities attributed the problem to unplanned and indiscriminate digging work being executed by road widening agencies between Bhambla and Akhnoor.

“For two days, we were cut off from the rest of the world as the BSNL network suddenly disappeared. Even landlines were out of order. The network of private cellular companies was not affected,” said Rajinder Singh, former chairman of MC, Poonch.

President of the Chakan-da-Bagh Cross-LoC Traders’ Association, Pawan Anand, said traders were unable to call their counterparts in the PoK.” Chief General Manager, BSNL, RK Koul, said telephone connectivity to Poonch got snapped due to indiscriminate and unplanned digging work by road widening agencies between Bhambla and Akhnoor.

Man drowns in river at Rajouri
Our Correspondent

Rajouri, March 2
A resident of Muradpur in Rajouri, Mohammed Zahir, drowned while he was taking a bath in a river here on Friday. As soon as the news spread in the area, local youths from the adjoining villages tried their best to save him, but failed.

Angry villagers lodged a protest and blocked the Jammu-Poonch national highway for hours against the delay in the rescue operation by the police.

Sensing the situation, senior police officers rushed to the scene and started a rescue operation with the support of fire brigade officials and divers of the police and locals.

The rescue teams could not retrieve Zahir’s body till late evening yesterday.

The police with the support of their divers again started the rescue operation today morning which was on till the reports last came in.

Rajouri SHO Varinder Gupta said, “Our divers along with the supporting staff are looking for the body.” He said the river was deep and that was creating a hurdle in the operation.