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

Sessions court stays CJM orders on Wamiq’s killing
Srinagar, September 4
A sessions court in Srinagar has stayed the operation of orders passed by the Chief Judicial Magistrate, who had issued non-bailable arrest warrants against two policemen in a case involving the killing of a teenager, Wamiq Farooq. Wamiq, a Class VII student, was killed by a teargas shell allegedly fired by the police on January 31, 2010, near Gani Memorial Stadium in old Srinagar city.

Srinagar steps up security ahead of Zubin’s concert
Srinagar, September 4
A heavy deployment of security personnel at Shalimar Garden in Srinagar on Wednesday ahead of Zubin Mehta's concert scheduled for Saturday. Amid threats from lesser-known militant outfits, security has been beefed up in Srinagar ahead of Zubin Mehta’s musical concert at the Shalimar Garden on the banks of the Dal Lake.

A heavy deployment of security personnel at Shalimar Garden in Srinagar on Wednesday ahead of Zubin Mehta's concert scheduled for Saturday. Tribune photo: Amin War

With spotlight on Shalimar Garden, locals want it declared heritage site
Srinagar, September 4
With the Shalimar Garden, the venue for the scheduled Zubin Mehta concert, hogging the limelight, people from the Valley have started an online campaign demanding heritage status for the Mughal-era garden. Zubin along with other musicians from Jammu and Kashmir are scheduled to perform at the garden, which was built by Mughal emperor Jehangir for his wife Nur Jahan in 1619, on September 7.


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Chief Postmaster bids goodbye to J&K, hands over charge
John Samuel, Chief Postmaster General, J&K circle, outside the floating post office on the Dal Lake in Srinagar. Srinagar, September 4
John Samuel, Chief Postmaster General, Jammu and Kashmir circle, today handed over charge to Chandra Prakash at the General Post Office (GPO) in Srinagar. Talking to The Tribune, Samuel said he handed over charge today and would now be taking over as the head of the National Postal Academy, Ghaziabad, after leaving the summer capital tomorrow.

John Samuel, Chief Postmaster General, J&K circle, outside the floating post office on the Dal Lake in Srinagar. A Tribune photograph

Contempt proceedings against Chief Secy dropped
Srinagar, September 4
The Jammu and Kashmir High court today dropped the contempt proceedings against Chief Secretary, Mohammad Iqbal Khandey. Contempt proceedings were initiated against the officer after the court had observed that Khandey had made “blatantly incorrect” submissions in his earlier compliance report.

Omar’s remarks on RTI Act trigger debate
Jammu, September 4
Chief Minister Omar Abdullah’s comments that he supported the idea of bringing all political parties under the purview of the Right To Information (RTI) Act has triggered a debate in the state that whether he would be able to translate his words into action.

Amid Kayani’s visit to LoC, Pak troops repair damaged posts
Jammu, September 4
Amidst Pakistani army chief General Ashfaq Parvez Kayani’s visit to the Line of Control (LoC) in the Kotli area of Pakistan-occupied Kashmir yesterday to boost the sagging morale of his troops, Pakistan got down to the task of repairing damaged posts and bunkers opposite the Poonch sector.

Ahead of Ganesh Chaturthi, finishing touches being given to idols in Jammu.
Ahead of Ganesh Chaturthi, finishing touches being given to idols in Jammu. Tribune photo: Anand Sharma

Former Legislative Council chairman joins PDP
Srinagar, September 4
Former chairman of the Legislative Council and National Conference leader Abdul Rashid Dar joined the People’s Democratic Party (PDP) today. Dar was welcomed into the party fold by PDP patron Mufti Mohammad Sayeed. Speaking on the occasion, Mufti said it was time that all right thinking people, whether in the National Conference (NC) or elsewhere, join hands with him to retrieve the state from uncertainty and misgovernance, a PDP spokesman said.

Three Chinese intruders to be grilled in Valley
Jammu, September 4
The three Chinese men arrested on June 12 in Sultanchku area along the Line of Actual Control (LAC) in Leh district, have been sent to a joint interrogation centre in Kashmir for sustained questioning.

Govt to conduct survey on manual scavengers
Srinagar, September 4
The state government has decided to conduct a survey on manual scavengers in all 22 districts of the state. An official spokesman said the survey was aimed at eradicating the menace of manual scavenging in the state.

 








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Sessions court stays CJM orders on Wamiq’s killing
Accused cops challenge arrest warrants issued against them
Ishfaq Tantry
Tribune News Service

Srinagar, September 4
A sessions court in Srinagar has stayed the operation of orders passed by the Chief Judicial Magistrate, who had issued non-bailable arrest warrants against two policemen in a case involving the killing of a teenager, Wamiq Farooq. Wamiq, a Class VII student, was killed by a teargas shell allegedly fired by the police on January 31, 2010, near Gani Memorial Stadium in old Srinagar city. In the unrest which followed Wamiq's killing, over 100 civilians were killed in firing by the police and security forces in 2010.

In his orders passed on August 22, the Chief Judicial Magistrate (CJM), Srinagar, Rajeev Gupta, had directed the Inspector General of Police (IGP), Kashmir zone, to execute the warrants against the accused policemen, assistant sub-inspector (ASI) Abdul Khaliq and special police officer (SPO) Mohammad Akram, for procuring their attendance in the court.

However, before the police could have executed the warrants, the two accused policemen chose to challenge the orders of the CJM by filing a revision petition before the sessions court.

“After entertaining the revision petition, the first additional district and sessions judge, Srinagar, in his orders passed on Tuesday stayed the operation of the orders passed by the CJM,” said counsel Mushtaq A Dar, who pleaded the revision petition of the accused cops.

Dar said the court also issued notice to the other side (victim’s family) for filing their objections to the main petition by the next hearing, in which the orders passed by the CJM on August 22 have been challenged on various grounds.

One of the grounds mentions that the CJM should not have conducted the probe by a judicial magistrate but should have conducted the inquiry himself and prior sanction is needed to prosecute the accused cops as they are public servants.

The CJM had observed that the police personnel were expected to use their weapons with proper care, while holding that a number of witnesses in their statements had indicted the two accused policemen for firing a teargas shell, resulting in Wamiq’s death.

The case file

  • Wamiq, a Class VII student, was killed by a teargas shell allegedly fired by the police on January 31, 2010, in Srinagar
  • The teenager’s family has held the police responsible for the killing, but the police has termed the slain teenager a miscreant and resisted the arrest of the accused police personnel
  • Judicial Magistrate Massarat Shaheen in her inquiry report had “prima facie” held the two accused police personnel responsible for the commission of offence punishable under the RPC
  • The SIT investigation, while not ruling out the possible cause of death of Wamiq by firing of a teargas shell, had in its final report also said there was a possibility that the teenager may have died after suffering a fall

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Srinagar steps up security ahead of Zubin’s concert
Majid Jahangir
Tribune News Service

Srinagar, September 4
Amid threats from lesser-known militant outfits, security has been beefed up in Srinagar ahead of Zubin Mehta’s musical concert at the Shalimar Garden on the banks of the Dal Lake. The Shalimar Garden would be closed to visitors from tomorrow to ensure that the venue is sanitised by the police before the concert.

On Saturday, internationally acclaimed music maestro Zubin Mehta would perform at the garden in an event titled, ‘Ehsaas-e-Kashmir’ (the feel of Kashmir), which is being organised by the German Embassy with the support of the state and Central authorities.

“Adequate security is in place for the event. We are not taking anything casually,” said a senior police officer in Srinagar. “We will stop the entry of the visitors into the Shalimar Garden from Thursday,” the officer said.

Three lesser-known militant outfits today asked people to stay away from the concert. They have also appealed to the German Embassy to cancel the concert.

Police sources said security agencies were also keeping an eye on the vast residential area around the garden. Infact, security personnel were also keeping a close watch on the Zabarwan mountain range, overlooking the Dal Lake. Security personnel would also maintain a constant vigil on the garden from over 50 residential houses, which are close to the outer wall of the garden.

Spokesperson for the Central Reserve Police Force (CRPF) Kishore Prasad said the security had been beefed up in the entire city.

“Over two dozen nakas have been placed at various places in Srinagar and random checking is going on in the city round the clock to ensure that no disruption takes place,” the CRPF spokesperson told The Tribune.

The event is being attended by 1,500 guests, which include European Union Ambassadors, high-profile industrialists and corporate giants.

Chairman of the hardline Hurriyat Conference Syed Ali Shah Geelani has called for a shutdown on Saturday in protest against the concert. Civil society groups of the Valley are also opposed to the event and are planning to hold a parallel concert to show the “reality” of Kashmir.

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With spotlight on Shalimar Garden, locals want it declared heritage site
Bismah Malik
Tribune News Service


Workers prepare the stage at Shalimar Garden in Srinagar on Wednesday ahead of Zubin Mehta’s concert scheduled for Saturday. Tribune photo: Amin War

Srinagar, September 4
With the Shalimar Garden, the venue for the scheduled Zubin Mehta concert, hogging the limelight, people from the Valley have started an online campaign demanding heritage status for the Mughal-era garden. Zubin along with other musicians from Jammu and Kashmir are scheduled to perform at the garden, which was built by Mughal emperor Jehangir for his wife Nur Jahan in 1619, on September 7.

Mir Shariq Mushtaq, a Srinagar based social activist has initiated an online campaign to garner support for the inclusion of the Shalimar Bagh (garden) in the World Heritage list.

In an online petition to the United Nations Educational, Scientific and Cultural Organisation (UNESCO), World Heritage Committee, Shariq has urged the international body to pronounce the garden as the World Heritage site.

Shariq’s campaign is garnering support with 75 people signing online for it within a day.

Shariq, though, told The Tribune that he aims to collect at least 10,000 signatures for his online petition.

“I started the campaign on Tuesday. It is generating good support,” Shariq said.

He, however, admitted that the buzz for conservation of the Shalimar Garden started with Zubin’s concert.

“It is true that the buzz for conservation of Shalimar Bagh started with the Zubin Mehta concert, since it is the venue for the event. But it is time we raise awareness about the conservation of the prestigious Mughal gardens. The Shalimar Garden is already under the consideration of the UNESCO,” Shariq said.

He added that an Indian delegation had nominated the Shalimar Garden, to the UNESCO on December 13, 2010.

“The Shalimar Garden is currently on the tentative list suitable for inscription on the World Heritage. The UNESCO reference number of the nomination is 5,580.” Shariq said.

The petition titled ‘Save Shalimar Bagh: A Potential World Heritage Site, Kashmir, J&K’ read: “Today, the Shalimar Bagh is on the verge of losing some of its best features. From the photographic and anecdotal evidence it appears that the water channel, the papier mache ceilings, the carved columns, brackets and railings made of stone, recessed niches and naqashi on walls are being, or have been, damaged.”

The petition is being endorsed by the people for a wide range of reasons.

“The Shalimar Bagh is a heritage garden, especially the pavilion inside has very old and rare papier mache. It has been reported that the walls have been white washed, which amounts to criminal negligence. It is a pity that the Indian National Trust for Art and Cultural Heritage has not resented the desecration of the heritage building and the garden,” Mohammad Ashraf, one of the signatories wrote on change.org.

“It is my abode of exotic birds, the last of the Mughal heritage in Kashmir, my history, my Disneyland,” wrote Shahnawaz Taing.

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Chief Postmaster bids goodbye to J&K, hands over charge
M Aamir Khan
Tribune News Service

Srinagar, September 4
John Samuel, Chief Postmaster General, Jammu and Kashmir circle, today handed over charge to Chandra Prakash at the General Post Office (GPO) in Srinagar. Talking to The Tribune, Samuel said he handed over charge today and would now be taking over as the head of the National Postal Academy, Ghaziabad, after leaving the summer capital tomorrow.

Samuel was credited with having breathed new life into the post office by involving locals, especially students, through a host of interactive programmes organised by the Department of Posts.

Several post offices were opened and many others modernised during his two and a half year tenure as the Chief Postmaster General, J&K circle. Samuel said launching the floating post office on the Dal Lake was among his fondest memories in the state. The floating post office, besides providing usual services, also became a tourist attraction.

On his other achievements, he said: “We could bring back the glory of the Srinagar GPO by providing night post office services, same day speed post and post shop. And today, the Srinagar GPO and Gandhi Nagar head post office have become model post offices across the country. I am glad that we could modernise a large number of post offices and provide a pleasant experience when you visit the post office. We could also involve and develop sports in Kashmir and be a part of many social development initiatives.”

While Samuel had also launched the state’s first all-woman post office in Jammu, the post office had in the recent past remained in the news on several occasions. The post office was in the news in February this year when it had to deliver the letter of Parliament attack convict Afzal Guru to his family in Seer Jageer in north Kashmir. As Afzal’s execution had led to shutdowns and curfews, the post offices once again remained in the news after they remained open on Sundays to make up for the lost work.

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Contempt proceedings against Chief Secy dropped
Ishfaq Tantry
Tribune News Service

Srinagar, September 4
The Jammu and Kashmir High court today dropped the contempt proceedings against Chief Secretary, Mohammad Iqbal Khandey. Contempt proceedings were initiated against the officer after the court had observed that Khandey had made “blatantly incorrect” submissions in his earlier compliance report.

“In the status/compliance report, the chief secretary of the state has submitted the explanation as was sought from him in terms of the previous order. From perusal of the compliance report submitted by him, we are satisfied about the explanation so tendered by him,” the division bench comprising Justice Mansoor A Mir and Justice Muzaffar Hussain Attar observed in its orders passed today.

“Therefore, the contempt proceedings (against him) are dropped,” the bench further observed.

The High Court is hearing a PIL about the amendments to the Anti-corruption Act and had asked the state government to file compliance report with regard to the set of seven suggestions passed by a division bench on July 7 in the PIL.

Earlier, in his compliance report to the High Court last month, Khandey had submitted that for purposes of conferment of powers under the J&K Prevention Act, 2006, to all the courts of additional and sessions judges, the response/compliance from the Registrar General is awaited.

However, in its orders dated August 7, the High Court while terming the compliance report by the Chief Secretary as “unsatisfactory” had termed the statement by him as “blatantly incorrect” by observing that the Registrar General had already responded to the afore mentioned communication of the Chief Secretary.

Subsequently, the court had asked Khandey to explain his position as to how he had stated incorrect information in paragraph three of his compliance report, which is not based on “facts”. Accordingly, he was directed to “file a fresh compliance report” by the next hearing.

changes suggested by High Court

  • The slew of suggestions in respect of the proposed amendments to be made in the Prevention of Corruption Act, 2006, by the High Court in its July 7 orders also called for making bail provisions in anti-corruption cases stringent and parallel to the Narcotic Drugs and Psychotropic Substances Act
  • The court also sought a response from the government to the suggestions of the Vigilance Organisation for creation of two special courts at Srinagar and Jammu for trying offences under the provisions of the Act
  • The other suggestions include posting and appointing of more trained investigation officers in the Vigilance Organisation and prescribing outer time limit for conducting investigations, ensuring that once the charge is framed trial shall continue on a day-to-day basis till its conclusion and investigation officer shall be made responsible to ensure attendance of the prosecution witnesses before the trial court

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Omar’s remarks on RTI Act trigger debate
Arteev Sharma
Tribune News Service

Jammu, September 4
Chief Minister Omar Abdullah’s comments that he supported the idea of bringing all political parties under the purview of the Right To Information (RTI) Act has triggered a debate in the state that whether he would be able to translate his words into action.

“The Chief Minister should not forget that it was his party, National Conference, that made sweeping changes in the Jammu and Kashmir Right to Information Rules 2010 and introduced the J&K RTI Rules 2012, virtually making the law a toothless tiger,” said Balvinder Singh, convener of the Sangarsh, an organisation of the RTI activists.

Singh said the Chief Minister must be sincere in his words and must ask his party to respond to his application under the J&K RTI Act, where he had sought details regarding donations received by his party and expenses incurred by it on various activities over the years.

Yesterday, Omar while addressing the annual national convention on the RTI Act organised by the National Right to Information Commission at New Delhi, had supported the view of bringing political parties under the purview of the RTI Act and said “transparency should rule the roost in all spheres of life, including politics, administration and governance”.

Naeem Akhtar, People’s Democratic Party chief spokesperson, while reacting to the Omar’s statement said such utterances were “meaningless” unless the people knew the details of the alleged wealth amassed by the top leadership of the National Conference (NC).

“Nobody knows the factual position about the money being given to the NC top leadership in lieu of MLC seats. Haji Yousuf’s death removed the lid from all such corrupt practices, but only partially. If the NC is really sincere about transparency and accountability, then why doesn’t the party declare itself as a public authority?” Akhtar asked.

Jitendra Singh, state BJP chief spokesperson, said, “The Chief Minister has been unable to understand the point of apprehension and clarification raised by the BJP in Parliament with regard to the issue. Moreover, the NC doesn’t fall in the category of political parties on which the Central RTI Act is going to be applicable. He seems to be playing to the galleries because he and his party have no stake in the formation of new law.”

Senior Congress leader Abdul Gani Vakil reminded the Chief Minister about the present position of the RTI Commission and said it was rendered “toothless” in the state as its decisions were nowhere respected or implemented. “If he (Omar) was really interested in strengthening the RTI regime, he must have himself called the meeting of all public information officers of the state and directed them to provide information to the applicants without distorting the facts and figures,” he said.

Raman Sharma, a Jammu-based activist, said: “I was in the convention and it was a vibrant speech by him (Omar). I hope he would translate his words into action and make the provisions (to bring political parties under the purview of the RTI Act) applicable in J&K.”

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Amid Kayani’s visit to LoC, Pak troops repair damaged posts
Ravi Krishnan Khajuria/TNS

Jammu, September 4
Amidst Pakistani army chief General Ashfaq Parvez Kayani’s visit to the Line of Control (LoC) in the Kotli area of Pakistan-occupied Kashmir yesterday to boost the sagging morale of his troops, Pakistan got down to the task of repairing damaged posts and bunkers opposite the Poonch sector.

Since August 8, the Indian Army has decimated 15 Pakistani posts and several bunkers opposite the Poonch, Mendhar and Hamirpur areas in retaliatory fire.

At least four Pakistani soldiers, including a captain, have been killed in retaliatory fire by the Army on the de facto border.

“While there has been no fresh firing by them (Pakistani troops) since last evening in the Poonch sector, their Army chief visited the Kotli sector on the west of Rajouri yesterday to motivate and boost the sagging morale of his troops,” said a senior Army officer.

“We have given them a severe beating after their border action team had killed five of our soldiers in the Chakan da Bagh area on August 6,” he added.

Following the ambush, Army Chief General Bikram Singh had rushed to Jammu on August 7 but he could not reach the ambush site in Poonch due to bad weather and returned from the Akhnoor-based Crossed Swords Division to New Delhi the same evening.

“But he had clearly asked all formation commanders along the LoC to turn aggressive and give a strong response to Pakistan firing or any other mischief by it,” said the officer.

When asked if the Pakistani army was raising new posts and bunkers on the other side of the border opposite the Poonch sector, the officer said, “They are repairing and raising posts and bunkers decimated by us since August 8.”

Lt Gen Campose visits Jammu

Jammu: In the backdrop of frequent skirmishes on the Line of Control, Lt Gen Philip Campose, General Officer Commanding-in-Chief (GOC-in-C) of the Western Command, reviewed the military situation during his two-day visit to Jammu. He returned to New Delhi on Wednesday afternoon. During his visit, Lt General Campose interacted with Brigade Commanders and senior officers at the Jammu Garrison. Maj Gen Ashwani Kumar, GOC of Tiger Division, briefed the the Western Command chief about the defence preparedness. — TNS

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Former Legislative Council chairman joins PDP
Tribune News Service


PDP patron Mufti Mohammad Sayeed welcomes former chairman of the Legislative Council Abdul Rashid Dar into the party fold in Srinagar on Wednesday. A Tribune photograph

Srinagar, September 4
Former chairman of the Legislative Council and National Conference leader Abdul Rashid Dar joined the People’s Democratic Party (PDP) today. Dar was welcomed into the party fold by PDP patron Mufti Mohammad Sayeed. Speaking on the occasion, Mufti said it was time that all right thinking people, whether in the National Conference (NC) or elsewhere, join hands with him to retrieve the state from uncertainty and misgovernance, a PDP spokesman said.

Mufti said the PDP would provide a respectable platform to all well-meaning political workers. He said the PDP’s agenda was anchored in the future and it was time that everybody participated in the realisation of a dream that had eluded successive generations in the state.

Dar said he was disillusioned with the performance of the NC-led government, which had failed to honour its pledges to the people made during the last elections. The governance, he said, had touched the worst ever levels and corruption had increased beyond control. He said youth were targeted systematically, political opponents were denied freedom to operate within the constitutional space and the government was trying to enforce peace through force which was fraught with danger.

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Three Chinese intruders to be grilled in Valley
Ravi Krishnan Khajuria/TNS

Jammu, September 4
The three Chinese men arrested on June 12 in Sultanchku area along the Line of Actual Control (LAC) in Leh district, have been sent to a joint interrogation centre in Kashmir for sustained questioning.

“We have sent them to a joint interrogation centre in Kashmir and law will take its own course,” Senior Superintendent of Police (SSP), Leh, Vivek Gupta told The Tribune.

The Chinese men —Salamo, Abdul Khaliq and Adil Thorsong — remained in custody of the security agencies at the Margo post, in north of Ladakh for 77 days before being handed over to the Jammu and Kashmir Police on August 29. A top police source said the men would be “grilled thoroughly” by the J&K Police and other agencies “afresh” to know the motive of their illegal entry into Sultanchku from across the LAC.

“Till date, the route taken by these young men, aged between 18 and 23, to enter Sultanchku remains a mystery,” he said.

“With the help of translators we would subject them to fresh questioning and it may take some time for us to completely unravel the motive of their visit to this side of the LAC,” he added.

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Govt to conduct survey on manual scavengers
Tribune News Service

Srinagar, September 4
The state government has decided to conduct a survey on manual scavengers in all 22 districts of the state. An official spokesman said the survey was aimed at eradicating the menace of manual scavenging in the state.

“The state government at the instance of the Ministry of Social Justice and Empowerment is conducting the survey on manual scavengers in all 22 districts for rehabilitation of persons and their dependents involved in this practice in the state,” he said, adding that state, district and town level committees had been constituted for the smooth conduct of the survey.

The spokesman said the Director General, J&K Economics and Statistics, who is the state nodal officer for the manual scavenger survey had asked all stakeholders, including manual scavengers to cooperate with the field staff so that reliable data could be attained.

The Director General had also announced that Self-Declaration Centres had been established in almost all municipal corporations, municipal committees, cities and towns so that manual scavengers could make a self-declaration about their work in these centres.

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