Wednesday, October 9, 2002, Chandigarh, India







National Capital Region--Delhi

THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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J A M M U   &   K A S H M I R

J&K poll: counting of votes tomorrow
Jammu, October 8
Counting of votes of the Assembly elections in Jammu and Kashmir will be done under tight security on October 10 with chain-link fencing to keep the counting agents and mediapersons away from coming near the electronic counting machine.

PDP not to join hands with NC, BJP
Pahalgam, October 8
In a significant pointer to post-poll equations in the state, the Jammu and Kashmir People’s Democratic Party said today that it would forge an alliance with any party endorsing its agenda to form a new government in the event of a hung Assembly, but ruled out joining hands with the National Conference or the BJP.

Security personnel stand guard as people wait in queues to cast their votes at a polling booth at Haihama in Lolab constituency of Kupwara district on Tuesday. — PTI

Poll a befitting reply to Pak: Omar
Srinagar, October 8
National Conference President Omar Abdullah said today that the participation of people of Jammu and Kashmir in the Assembly elections was a “befitting reply” to Pakistan which was desperate to destabilise democracy in India.

Protest against ‘rigging’
Doda, October 8
An Independent and the Panthers Party candidate in the Doda constituency today took out a procession and staged a dharna in front of the district election office here along with their supporters, alleging rigging by the National Conference at seven polling stations.

Strike cripples life in valley
Srinagar, October 8
Life remained crippled in the Kashmir valley for the second day today on a general strike call given by the separatist organisations against the fourth and final phase of the Jammu and Kashmir Assembly elections.
In video (28k, 56k)


YOUR TOWN
Jammu
Srinagar
Udhampur



An election official gestures while waiting for voters at a polling station under a Mahatma Gandhi portrait in Thatri village, 30 km north of Doda, on Tuesday.
— Reuters

EARLIER STORIES
 

Women voters cast their vote at a polling station in Doda on Tuesday.
— PTI


Villagers queue up to cast their vote at Thatri village, near Doda, on Tuesday.
— Reuters

HC on J&K women’s right to property, service
Jammu, October 8
Women in Jammu and Kashmir will not lose their permanent residentship of the state even if they marry a non-state subject. The women will have right to property and government service provided they do not leave the state and opt for citizenship of other state.

Inquiry ordered into minister beating case
Srinagar, October 8
The Army authorities in Kashmir have ordered a court of inquiry into the alleged beating up of Jammu and Kashmir Minister of State for Food and Supplies Bashir Ahmad Nengroo and his son by Army personnel near the 15 Corps headquarters last evening.

Section 144 reimposed on Badgam
Srinagar, October 8
Prohibitory orders have been repromulgated under Section 144 of the CrPC throughout the central Kashmir district of Badgam with immediate effect. The restrictions will remain in force for a period of one month, an official spokesman said today.

Acting chief of JKLF detained
Srinagar, October 8
Acting chairman of JKLF Javid Ahmad Mir was detained along with four party activists as the police scuttled a plan of the Hurriyat Conference to stage an anti-poll demonstration here today, sources said. Mir and four party activists were picked up by the police from their houses late last night, the sources said.

Navratra festival begins in Katra
Jammu, October 8
The eight-day Navratra festival, Navdurgotsava, has commenced at Katra, the base camp of Vaishno Devi Shrine in this division here. The festival, which will witness a cultural extravaganza with participants from different parts of the country was inaugurated yesterday.

5 pilgrims killed as bus overturns
Jammu, October 8
Five pilgrims were killed and 28 others injured when an overloaded bus going to Jammu from Katra overturned near Nagrota Cinema Hall, about 13 km from here, this afternoon.

Video
The passing-out parade of the Jammu and Kashmir Light Infantry's 174 recruits took place at Srinagar's JAK LI Regimental Centre on Tuesday.
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J&K poll: counting of votes tomorrow
Tribune News Service

Jammu, October 8
Counting of votes of the Assembly elections in Jammu and Kashmir will be done under tight security on October 10 with chain-link fencing to keep the counting agents and mediapersons away from coming near the electronic counting machine.

This was stated by Chief Secretary, I.S. Malhi, talking to mediapersons here today.

Mr Malhi said that comprehensive rehearsal for the counting had been done and extra precautions were being taken from the security point of view. No scope will be left for any kind of mischief.

He said that voters turned out in large numbers. The turnout was larger in the Lolab constituency where the voters voted perhaps as a mark of respect to Mr Mushtaq Ahmed Lone, who were killed by terrorists and the countermanded polling in the segment was held today.

The Chief Secretary said that security arrangements were stepped up with the experience of each phase of election in the state. This helped keep the situation under control.
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PDP not to join hands with NC, BJP

Pahalgam, October 8
In a significant pointer to post-poll equations in the state, the Jammu and Kashmir People’s Democratic Party said today that it would forge an alliance with any party endorsing its agenda to form a new government in the event of a hung Assembly, but ruled out joining hands with the National Conference or the BJP.

“In case of a hung Assembly, we will try to work out an alliance with any party that endorses our agenda,” PDP General Secretary Tariq Hamid Karra said.

Asked if any party included the National Conference, Mr Karra said “we have come into the field against the misgovernance of the ruling party. There is no question of going into a coalition with it”.

“We oppose the functioning of the Special Operations Group while the NC describes it as good. We are for peaceful resolution of the Kashmir issue while they say there is no issue at all. Where is the meeting ground? The National Conference is opposed to whatever the PDP stands for”.

On the possibility of a tie-up with the BJP, Mr Karra said the question did not arise.

He said the party would decide on entering into an alliance with the Congress to keep out the National Conference from forming government only after the results were announced.

“Let us not go into hypothetical situations right now,” he said. PTI
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Poll a befitting reply to Pak: Omar

Srinagar, October 8
National Conference President Omar Abdullah said today that the participation of people of Jammu and Kashmir in the Assembly elections was a “befitting reply” to Pakistan which was desperate to destabilise democracy in India.

“The impressive turnout in most of the state has reaffirmed the faith of the people in democracy and has given a befitting reply to Pakistan which has never believed in democracy.”

“Pakistan is not able to create democratic conditions in that country and is hence desperate to destabilise the democracy in India,” Mr Abdullah said in a statement here.

The world community must read the mood of the people of the state who have voted against the reign of terrorism unleashed by Pakistan and must take effective steps to stop terrorism sponsored by it, Mr Abdullah said. PTI
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Protest against ‘rigging’

Doda, October 8
An Independent and the Panthers Party candidate in the Doda constituency today took out a procession and staged a dharna in front of the district election office here along with their supporters, alleging rigging by the National Conference at seven polling stations.

The Independent, Mohammad Iqbal, and the Panthers Party candidate, Satpal, who were accompanied by their polling agents and party workers, told reporters that the Special Task Force, which was sent to the barracks by the Election Commission, captured booths at the behest of the ruling NC which misused state machinery to “massively rig the poll”.

The protesters raised anti-NC and anti-administration slogans.

Doda went to the polls along with six other constituencies in the fourth and final phase of polling in Jammu and Kashmir. PTI
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Strike cripples life in valley

Srinagar, October 8
Life remained crippled in the Kashmir valley for the second day today on a general strike call given by the separatist organisations against the fourth and final phase of the Jammu and Kashmir Assembly elections.

Yesterday’s strike was in protest against the alleged blasphemous remarks about Prophet Mohammad by a US fundamentalist evangelist in an interview with an American TV channel.

Shops and business establishments in Srinagar and other major towns of the valley remained closed and traffic was off the road. Government offices, banks, post offices and government run-ration depots remained closed due to the strike.

Educational institutions wore a deserted look. Several separatist organisations, including the Hizbul Mujahideen, the Jamaat-ul-Mujahideen and the Dukhtaran-e-Milat, had given a general strike call and asked people to keep away from the poll process. UNI
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HC on J&K women’s right to property, service
Tribune News Service

Jammu, October 8
Women in Jammu and Kashmir will not lose their permanent residentship of the state even if they marry a non-state subject. The women will have right to property and government service provided they do not leave the state and opt for citizenship of other state.

This is majority verdict of a three-member bench of the State High Court, headed by Mr Justice V.K. Jhanji hearing 12 petitions challenging the constitutional provisions under which woman would lose her state subject status and right to government service in the state once she married a non-state subject.

The three judges Mr Justice V.K. Jhanji, Mr Justice T.S. Doabia and Mr Justice Muzaffar Jan, wrote separate judgements. While Mr Justice Jhanji’s judgement was delivered through 45 pages, that of Mr Justice Doabia had penned his verdict in 25 pages and Mr Justice Jan in 24 pages.

Mr Justice Doabia told The Tribune that “we have not undone the constitutional provisions but interpreted the state subject laws in a correct perspective.”

Mr Justice Doabia, in his judgement, said, “The concept of domicile has nothing to do with the concept of state subject.” He said at the same time residents and citizenship “are not synonymous” whereas the state subject status was nearer to the concept of citizenship. He recorded that the wife or a widow, so long as she resides in the state, and does not leave the state for a permanent residence outside the state would continue to enjoy the status of state subject.

However, Mr Justice Muzaffar Jan in his 24-page dissenting views had observed, “In the ultimate analysis he agrees to the view of brother Justice Jhanji only to the extent that woman non-permanent resident of the state, on her marriage to the permanent resident of the state, will have right to inherit the property in accordance with the personal law of the deceased, regarding employment, education and other rights.”

He did not agree with the ultimate conclusion that a woman will not lose the status of permanent residentship on her marriage with a non-permanent resident of the state.

Contrary to this Mr Justice Doabia agreed with the ultimate conclusion of Mr Justice V.K. Jhanji. Mr Jhanji, in his 45-page judgement, said that both the Muslim Personal Law and the Hindu Succession Act, dealing with the devolution of property rights, do not recognise or link the citizenship with the right to inheritance of property. Moreover there is no legislative enactment regarding the inheritance of property which necessitates a person to be permanent resident,” he said.

Some of these petitions were pending in the court for the past 25 years in which the petitioners had challenged the cancellation of their state subject rights and Government jobs after they had married people outside the state. Both Mr Justice Mr V.K. Jhanji and Mr Justice T.S. Doabia had spent weeks together to retrace all cases pending in the court.

Under the landmark judgement women will have the right to serve, right to stay in the state if they chose to do so after their marriage to non-permanent resident besides retaining their state subject status and the right to inheritance.
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Inquiry ordered into minister beating case

Srinagar, October 8
The Army authorities in Kashmir have ordered a court of inquiry into the alleged beating up of Jammu and Kashmir Minister of State for Food and Supplies Bashir Ahmad Nengroo and his son by Army personnel near the 15 Corps headquarters last evening.

A Defence Ministry spokesman said there was a minor incident involving the security forces and Mr Nengroo last evening near the Pantha Chowk on the Srinagar-Jammu National Highway.

He said the minister was travelling in a private car without a registration number. He was stopped by the security personnel, who were unable to establish the identity of the minister. This led to some misunderstanding.

The spokesman said the troops were only trying to discharge their duty, adding that the Army authorities had taken congnizance of the incident and a court of inquiry had been instituted.

Official sources, however, said Mr Nengroo, who is seeking re-election from the Pulwama constituency, was en route to Srinagar from Pulwama when he was stopped by army personnel there.

They said even after Mr Nengroo disclosed his identity to senior Army officers, his son and he were allegedly beaten up by the soldiers for stopping their car some feet ahead of the drop gate.

It was only after the intervention of Mr Nengroo’s security guards that the situation was saved, they said.

Sources said the minister later registered an FIR against security personnel in the police station at the Pantha Chowk. UNI
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Section 144 reimposed on Badgam

Srinagar, October 8
Prohibitory orders have been repromulgated under Section 144 of the CrPC throughout the central Kashmir district of Badgam with immediate effect.

The restrictions will remain in force for a period of one month, an official spokesman said today.

The restrictions, being imposed from time to time during the past 10 years of militancy, were lifted during the election period to enable candidates to campaign in the district.

Polling in the five Assembly constituencies of the district was held in the second phase of Jammu and Kashmir elections on September 24.

Under the orders assembly of four or more persons besides taking out processions or holding public meetings in the district are banned.

The restrictions would not apply to religious functions and congregations. UNI
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Acting chief of JKLF detained

Srinagar, October 8
Acting chairman of JKLF Javid Ahmad Mir was detained along with four party activists as the police scuttled a plan of the Hurriyat Conference to stage an anti-poll demonstration here today, sources said. Mir and four party activists were picked up by the police from their houses late last night, the sources said.

The police also raided the Rajbagh office of the Islamic Students League and Muslim League, constituents of the 23-party Hurriyat Conference, around midnight and carried out searches. However, no one was arrested.

The JKLF, also a constituent of the Hurriyat, has planned to stage a demonstration outside its headquarters at Maisuma against the holding of elections, the fourth phase of which began today. PTI
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Navratra festival begins in Katra

Jammu, October 8
The eight-day Navratra festival, Navdurgotsava, has commenced at Katra, the base camp of Vaishno Devi Shrine in this division here.

The festival, which will witness a cultural extravaganza with participants from different parts of the country was inaugurated yesterday.

Colourful processions, song and dance performances by artistes from Gujarat, Assam Maharashtra, West Bengal, Punjab and Jammu Kashmir handloom and handicrafts exhibition are part of the festivities, the Chairman of the organising committee of the festival, Mr M.K. Dwivedi, said.

The festival is being jointly organised by Shri Mata Vaishno Devi Shrine Board, State Tourism Department and Union Ministry of Information and Broadcasting, among others. PTI
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5 pilgrims killed as bus overturns

Jammu, October 8
Five pilgrims were killed and 28 others injured when an overloaded bus going to Jammu from Katra overturned near Nagrota Cinema Hall, about 13 km from here, this afternoon.

The police said the bus, which was carrying pilgrims from the Mata Vaishno Devi shrine, overturned, when the driver lost control over it while negotiating a sharp turn, at around 12 noon, killing five on the spot and wounding 28 others.

The identity of the deceased was yet to be established, the police said, adding that the injured had been admitted to the local Government Medical College.

The vehicle had been confiscated. UNI
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IAF personnel take oath

Udhampur, October 8
Celebrations of the 70th anniversary of the Indian Air Force (IAF) concluded with the traditional oath taking ceremony by IAF personnel here today.

A press note said the IAF personnel renewed their pledge to serve the country in peace and war.

The Air Force Station here plays a crucial role in supporting the Army in the difficult terrain and conditions in Jammu and Kashmir. UNI
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Bhang cultivation destroyed

Srinagar, October 8
Illegal bang cultivation covering 31 acres was destroyed in Bijbehara town in Anantnag district by the Jammu and Kashmir Excise and Taxation Department along with the revenue and police authorities here, an official spokesman said today.

The illegal cultivation was detected at Simithen and Tulkham areas and was destroyed yesterday, the spokesman said. PTI
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