New Delhi, March 3
The Supreme Court has come down heavily on the Jammu and Kashmir Government for changing the State Forest Service Officers’ list of selection for induction in the Indian Forest Service (IFS) prepared in 1991 and omitting from it names of some selected officers and including others after four years by preparing a new list in 1995.

Ordering quashing of the entire list and asking the state government to prepare fresh year-wise lists, the court said clubbing of the names of he 1991 list with those of 1995 selection list was illegal.

“In the present case, a selection list had to be prepared for the year 1991. Hence, only those officers who were eligible for induction into the IFS in 1991 could have been considered in the list for that year, even if it is prepared subsequently,” a Bench of Justice S B Sinha and Justice Markandey Katju said.

Since the Jammu and Kashmir High Court had referred the matter back to the state government’s selection committee, it also came also for criticism of the apex court for “practically abdicating its function”.

Consequently, the Supreme Court directed that the government has to prepare a fresh list for each year from 1991 separately by considering only those officers names who were eligible for selection to the IFS cadre in that particular year.

Any selection made in pursuance of the list of dated September 12, 1995, stands quashed,” it said.

The order came on an appeal of Jammu and Kashmir State Forest Service Officer Vijay Singh Charak whose name stood at serial number 26 in the selection list of 1991 which had names of a total of 35 officers in it. Ordinarily they should have been selected and appointed, the Bench in its order recorded.

The dispute arose with the challenge to the 1991 list in the High Court in 1993 and it being referred back to the government, which set over it and then preparing a fresh list in 1995 and clubbing the names of the 1991 list in the new list and in the process dropped the name of Charak from it.

The apex court also came down heavily on the High Court for not taking a decision in the case, saying it had two options either to strike down the 1991 list if the challenge to it was found to be valid or approve it if the petition against it was without any basis.

“The High Court practically abdicated its function… and it was wholly unjustified and improper on its part to refuse to perform its function and instead send the matter back to the selection committee of government,” the apex court said.

Srinagar, March 3
Hurriyat Conference chairman Mirwaiz Umar Farooq has sought effective measures to ensure withdrawal of troops on either side of the LoC in Jammu and Kashmir to pave way for a permanent and everlasting resolution of the Kashmir issue.

He was addressing members of the working committee and general council of the APHC at the party headquarters here today. This is significant in view of his recent visit to New Delhi where he met visiting Foreign Minister of Pakistan Khursheed Mehmood Kasuri.

"We wish the resolution of the Kashmir issue in accordance with the aspirations of the people of Jammu and Kashmir and, therefore, extend our fullest support to ongoing Indo-Pak dialogue process", he told the meeting.

The Mirwaiz lamented the role of certain mainstream political parties, without identifying anyone, for "misleading people" on the Indo-Pak dialogue and General Parvez Musharraf’s four-point formula on self-rule.

He said the Hurriyat Conference would soon launch a mass-contact programme across Jammu and Kashmir on the dialogue process and President Musharraf’s four-point formula.

Jammu, March 3
Breaking silence on the political turmoil in Jammu and Kashmir, Mufti Sayeed, patron of the People’s Democratic Party (PDP), today said the Centre should not ignore the party's demand for "gradual and responsive" withdrawal of troops from Kashmir, as this could result in reversal of the peace process.

The Mufti, in an informal chat here, said the "Centre cannot spurn" the demand of the PDP for gradual and responsive pullout of troops, review of the Disturbed Area Act and vacation of private orchards, agricultural land and public properties under the occupation of the armed forces.

All these points were part of the Common Minimum Programme of the Congress-PDP coalition government that was drafted by Prime Minister Manmohan Singh.

This is for the first time that the Mufti has spoken on the PDP's demand following differences between the two parties on the issue.His daughter and PDP chief Mehbooba Mufti, who is in Delhi, has discussed the issue with Sonia Gandhi, Manmohan Singh, external affairs minister Pranab Mukherjee and defence minister A.K.Antony. She would also meet home minister Shivraj Patil.

The Mufti clarified that the PDP did not believe in gimmicks and the three demands raised by the party were "an article of faith with us" as these were part of "our" manifesto during the assembly elections in 2002.

"We are living in a democratic country and when the state government has itself claimed that the situation here has improved, there should be no problem in gradual pullout of troops as this was part of the CMP that was a roadmap for the coalition", he said.

He said had the armed forces been an answer to the problem, then militancy should have been controlled in 1989 when troops were brought to Kashmir.

The Mufti said it would be another feather in the Congress cap in case the Kashmir problem, which was the “last area of conflict” in the country, was resolved during its regime.

While appreciating the Pakistan-based chief of United Jehad Council (UJC) Salahuddin's endorsement of the four-point peace formula of Pervez Musharraf, he said it would be better if he also asked the gun-carrying youths to drop arms. The statement of Lashkar-e-Toiba chief Hafiz Mohammad Sayeed was also a positive indication.

He said:"We definitely want the Centre to take some positive steps on the demands of the PDP that were raised at the political affairs committee of the party."

He said the PDP was only echoing the demand of the people.