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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    E D I T I O N

Ex-CIC questions Omar on dilution of RTI Act in state
New Delhi, October 15
The country’s first Chief Information Commissioner (CIC) and father of the J&K Right to Information law, Wajahat Habibullah, has questioned the Omar Abdullah-led coalition for diluting the rules of the Act thereby reducing the powers of the J&K State Information Commission (JKSIC).

Chenani tunnel to hit business in tourist spots, say locals
Jammu, October 15
The completion of the 9-km-long Chenani-Nashri tunnel on the NH1A will bring cheer for commuters, but traders and locals of Patnitop and Kud fear that it would adversely affect their business, claiming that less number of tourists would prefer this route.
A view of Kud town where the land rates have decreased considerably due to the construction of the Chenani-Nashri tunnel. A view of Kud town where the land rates have decreased considerably due to the construction of the Chenani-Nashri tunnel. Tribune Photo: Anand Sharma




YOUR TOWN
Jammu
Srinagar


EARLIER STORIES


Congress prevails: Govt cancels block council poll
Srinagar, October 15
In the face of a tough stand taken by a “united” Congress on the empowerment of panchayats, the state government has cancelled the much-publicised Block Development Council (BDC) elections which were due on November 7.

J-K HC condoles death of Justice SS Kang
Srinagar, October 15
To condole the demise of former Governor of Kerala and ex-Chief Justice of Jammu and Kashmir Sukhdev Singh Kang, the J&K High Court today held an obituary reference, which was led by Chief Justice MM Kumar.

Governor for adventure tourism in state
Srinagar, October 15
Governor NN Vohra looks at photographs of mountain ranges in Kashmir. Governor NN Vohra today underscored the need of boosting adventure tourism in the state. After looking at photographs of various mountain ranges of the Valley in an exhibition, the Governor said they needed to be prominently displayed at various institutions in all the three regions of Jammu and Kashmir so as to familiarise students and tourists about the geography of the state.

Governor NN Vohra looks at photographs of mountain ranges in Kashmir. Photo: Mohd Aamir

Two days on, no clue about missing BSF guard
Jammu, October 15
Two days after a BSF guard went missing during Pakistani firing near the Rector 2 post in the Keri sector of Rajouri district, his whereabouts remain unknown. Surjeet Singh, a native of Bulandshaher (Uttar Pradesh), of 76 Battalion went missing on the intervening night of October 13 and 14.

Arrangements made for paddy procurement
Jammu, October 15
The Department of Agriculture in coordination with the Consumer Affairs and Public Distribution Department and the FCI has made arrangements at 13 locations in the districts of Kathua, Samba and Jammu for the procurement of paddy during the kharif marketing season.

Employees’ march to civil sectt foiled
Protesting employees being detained by the police in Srinagar on Monday.Srinagar, October 15
The scheduled march of the Joint Consultative Committee (JCC), an amalgam of various employees' bodies, to the civil secretariat was foiled by the police here today.


Protesting employees being detained by the police in Srinagar on Monday. Tribune Photo: Amin War

State to seal border with Himachal
Jammu, October 15
Ahead of elections in the neighbouring Himachal Pradesh, the Jammu and Kashmir Police has geared itself to seal its border with the Himalayan state to check terrorists from entering the poll-bound state.

A heavy rain lashed Srinagar on Monday
WINTER SPLASH: A heavy rain lashed Srinagar on Monday. Photo: Yawar Kabli

Political bigwigs tour Kashmir as ground situation stabilises, peace takes roots
Srinagar, October 15
On a fine autumn evening last week, Srinagar’s commercial nerve centre Lal Chowk was teeming with shoppers when Union Home Minister Sushil Kumar Shinde made a surprise appearance in a posh black car driven by Chief Minister Omar Abdullah.

Over 1.3 lakh state beneficiaries of welfare schemes await their dues
Srinagar, October 15
Over 1,30,000 senior citizens, physically-challenged persons and widows are waiting for financial assistance under the state government-sponsored Integrated Social Security Scheme (ISSS) and the Centrally-sponsored Indira Gandhi Old Age Pension Scheme (IGNOAPS) in the state.






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Ex-CIC questions Omar on dilution of RTI Act in state 
Wajahat Habibullah slams secretive manner of repeal of rules
Aditi Tandon/TNS

New Delhi, October 15
The country’s first Chief Information Commissioner (CIC) and father of the J&K Right to Information law, Wajahat Habibullah, has questioned the Omar Abdullah-led coalition for diluting the rules of the Act thereby reducing the powers of the J&K State Information Commission (JKSIC).

The J&K Right to Information Act 2009 came into force after the Central RTI legislation in 2005. Several empowering rules were incorporated into the J&K RTI Act by Habibullah in 2010 to enable the JKSIC to deliver information to people more effectively than the Central law, which lacked provisions for compliance with the commission’s orders and recovery of penalties from errant government officers.

The J&K Government has now repealed most of these rules without consulting anyone. Habibullah, who is the present chairman of the National Commission for Minorities, today told The Tribune, “I am a senior bureaucrat of the J&K cadre and was consulted when the law was drafted. I expected to have been consulted when it was watered down.”

The country’s first CIC had shot off a letter to Omar last month seeking suspension of the repeal order. “I had expected the CM to acknowledge my letter. That hasn’t happened. My refrain is --- J&K is recovering from a terrible period of administrative chaos and the J&K RTI Act as we drafted it would have served as a major instrument of democratisation in the state. The repeal has weakened the law,” Habibullah said.

His letter to Omar (a copy is with The Tribune) questions the state’s attempt to water down the rules without reasoned justification.

“The secretive manner in which the decision to repeal the 2010 rules was made is a blemish on your government’s track record of openness, a retrograde step, a setback to transparency. The State Chief Information Commissioner (GR Sufi) is reportedly disappointed at not having been consulted. It is not clear as to who piloted the amendment of Rules and to what end,” Habibullah says in his letter.

The J&K General Department (GD) has given one argument for repeal of rules --- the need to bring them in conformity with the Central RTI law.

Habibullah says the argument is “specious”. “Why should J&K adopt such a minimalistic approach towards rules which were drafted in full consultation with the Central Information Commission? The CIC would naturally have the best experience in the working of Central rules, which are weak.

“The state should have been proud that its rules of the law are so much stronger than the Central law,” says Habibullah.

Repealed rules

Rule 31: Gave the JKSIC powers to initiate criminal action against government officers violating its orders by clarifying that the commission orders are “directions of law” and their violations are offences under the Ranbir Penal Code applicable to J&K.

Rule 20: If the JKSIC finds the appellate authorities (senior bureaucrats) are cursorily rejecting first appeals leading to a load of second appeals in the commission, they could ask the Minister concerned to put his house in order.

Rule 43: Sought to ensure financial autonomy of JKSIC by letting it set up an endowment fund to accept government and private funding. The justification was that the JKSIC can’t be allowed to depend solely on state for money as most cases it hears involve the state as a respondent.

Rule 37: The JKSIC can consult people and stakeholders in laying down procedures to improve government record-keeping.

Rule 44: It allowed JKSIC to monitor the performance of public authorities, have them rated

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Chenani tunnel to hit business in tourist spots, say locals
Vikas Sharma
Tribune News Service

Jammu, October 15
The completion of the 9-km-long Chenani-Nashri tunnel on the NH1A will bring cheer for commuters, but traders and locals of Patnitop and Kud fear that it would adversely affect their business, claiming that less number of tourists would prefer this route.

The tunnel, which will be built at a cost of Rs 10,600 crore, will be the longest in the country and is expected to be completed in 2016. The tunnel is a key component of the fundamental road improvement scheme to an arterial route, NH1A, which links the northern state to the rest of India.

The proposed two-lane tunnel with a separate escape route averts traversing through Patnitop during the winter due to heavy snowfall there.

“No doubt, the tunnel will bring the Valley closer to the rest of the country but at the same time, the authorities will have to do something about tourist spots such as Patnitop, Kud and Sanasar, which are already neglected,” said Ram Lal, a resident of Patnitop.

“It seems the government is more concerned about the promotion of tourism in Kashmir province because whenever a financial package is announced by the authorities to boost tourism in the state, a major chunk of it goes to the Valley,” he claimed.

“Hotels at Patnitop, which were once packed with tourists during the peak season, are now facing a crisis-like-situation and it is all due to the lack of initiatives by the government to promote tourism in Jammu province,” an employee of Hotel Mount Shivalik said.

“The hotels at Patnitop provide employment opportunities to local residents. Once the tunnel is completed, this beautiful picnic spot will become isolated, which in turn would affect the business of these hotels,” another employee of the hotel maintained.

Meanwhile, residents of Kud, which is famous for its ‘pateesa’, also echoed similar views. “Earlier, a lot of people were interested in buying land in and around the town but after the construction work of the tunnel began, land rates have decreased considerably,” said Ronak Singh, a resident of the town. 

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Congress prevails: Govt cancels block council poll
Dinesh Manhotra/TNS

Srinagar, October 15
In the face of a tough stand taken by a “united” Congress on the empowerment of panchayats, the state government has cancelled the much-publicised Block Development Council (BDC) elections which were due on November 7.

The Congress, which is a part of the government headed by Chief Minister Omar Abdullah, had opposed BDC elections under the existing Jammu and Kashmir Panchayati Raj Act, saying there was no provision for reservations for the Scheduled Castes (SC), the Scheduled Tribes (ST) and women in the Act.

The state Cabinet has decided to bring an ordinance for the cancellation of the BDC elections for bringing in certain changes to strengthen the J&K Panchayat Raj Act.

The panchayat elections were held in 2011 after a gap of more than three decades. About 80 per cent of the electorate exercised their right to vote in this process. An official spokesman said during the past one year, the government had taken a series of measures to empower panchayats and strengthen the Panchayati Raj system in the state by chalking out an effective role for the elected representatives at the grass-roots level.

However, over the past few months, there has been a latent demand from various stakeholders as well as opinion leaders, who have been associated with the governance of panchayats in different parts of the country, for bringing in certain changes in the Act to strengthen panchayats and to make reservation for the SCs, the STs and women.

Taking cognisance of divergent views on the issue, the Chief Minister constituted a core group of the alliance partners (National Conference-Congress). The group comprises Minister for Finance Abdul Rahim Rather, Minister for Rural Development Ali Mohammad Sagar, Minister for Forests Mian Altaf Ahmad, Minister for Industries Surjeet Singh Slathia and Political Adviser to the Chief Minister Devender Singh Rana from the National Conference; and Deputy Chief Minister Tara Chand, Minister for Health Sham Lal Sharma, MLA GA Mir, MLC Ravinder Sharma, MLC Bashir Ahmad Magrey from the Congress to study and evaluate these views and suggest a pragmatic and workable roadmap.

The core group held a series of meetings and consultations in the past one week to consider various opinions which have emanated in the recent months. The core group made certain recommendations which were considered in a high-level meeting chaired by the Chief Minister here on Sunday. 

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J-K HC condoles death of Justice SS Kang
Tribune News Service

Srinagar, October 15
To condole the demise of former Governor of Kerala and ex-Chief Justice of Jammu and Kashmir Sukhdev Singh Kang, the J&K High Court today held an obituary reference, which was led by Chief Justice MM Kumar.

Justice (retd) SS Kang breathed his last at the Post Graduate Institute of Medical Education and Research, Chandigarh, on October 12 after a prolonged illness. He was 81. He is survived by two daughters and a son.

“To mourn his death and to pay respect to the departed soul, the High Court held a reference today, in which apart from Chief Justice Kumar, Justices Verinder Singh, Mohammad Yaqoob Mir and Hasnain Massodi participated,” a court official said.

He said Advocate General, J&K High Court, M Ishaq Qadri and other officials from higher judiciary also participated in the reference, during which rich tributes were paid to Kang. As a mark of respect to the departed soul, the cases listed in the post-lunch session at the court were adjourned.

However, the High Court Bar Association boycotted the reference. “The Bar participated in the obituary references on two occasions in the past. However, this time we boycotted it because the court did not hold any references when two of our former Bar members passed away,” the Bar secretary said in a statement.

The Bar has been demanding that the High Court should also hold obituary references on the demise of a Bar member.

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Governor for adventure tourism in state

Srinagar, October 15
Governor NN Vohra today underscored the need of boosting adventure tourism in the state. After looking at photographs of various mountain ranges of the Valley in an exhibition, the Governor said they needed to be prominently displayed at various institutions in all the three regions of Jammu and Kashmir so as to familiarise students and tourists about the geography of the state.

The photographs have been clicked by the Chief Executive Officer of the Gulmarg Development Authority, Mehmood Ahmad Shah. The photographs were displayed at Raj Bhawan. The Governor observed that prominent display of such rare panoramic photographs would help in promoting adventure tourism in the state.

He asked the Tourism Department to earmark a suitable venue for permanent display of the pictures. He said he would take up the matter with the Indian Mountaineering Federation for displaying them. — TNS

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Two days on, no clue about missing BSF guard
Ravi Krishnan Khajuria
Tribune News Service

Jammu, October 15
Two days after a BSF guard went missing during Pakistani firing near the Rector 2 post in the Keri sector of Rajouri district, his whereabouts remain unknown. Surjeet Singh, a native of Bulandshaher (Uttar Pradesh), of 76 Battalion went missing on the intervening night of October 13 and 14.

The Army has the operational responsibility of guarding the 776-km-long Line of Control (LoC) in the state and the BSF assists the Army in guarding the borderline.

“The Army in tandem with the BSF has launched a search operation in the Keri sector but there has been no clue about the missing border guard,” said a senior BSF officer. He claimed the BSF had lodged a complaint with the Rajouri Police. When questioned, he said operational responsibility of the LoC lies with the Army and therefore, it would be appropriate to ask the Army about the missing border guard.

On the other hand, a source in the Army said since the BSF had a commander in the sector, it would be right to ask the BSF about the jawan. “At this stage when things are at a conjecture, it would not be appropriate for us to give any comment. Rather, it would be unwise on our part,” he said, adding that the BSF had an organisational set up in the area and they must have got some information about this man. As far as the Army is concerned, it didn’t have any specific update, he said.

According to intelligence sources, Sarjeet Singh’s presence in Pakistan-occupied Kashmir (PoK) has not been not confirmed by the Pakistani army.

Sources said before missing from the Rector 2 post, Sarjeet fired a few rounds apprehending some movement near the LoC, which was reportedly retaliated by Pakistani soldiers. After the incident, some senior Army officers visited the area in the wee hours and at that time, Sarjeet was present at the post. Sources said apprehending action from seniors for opening fire, Sarjeet had either crossed the LoC or was hiding in the area.

Rajouri SSP Mubasir Latifi said the BSF today lodged a missing report with the Chingus police post. The BSF had requested the Rajouri Police to initiate proceedings under relevant sections of law, he said. The SSP said despite searches, the Army could not trace the missing personnel.

A police source said a police party, which visited the post for investigations, found blood stains but they could be of an animal.

The 22-year-old guard is attached with 16 Sikh Light Infantry under 120 Infantry Brigade of the Army in the Keri sector.

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Arrangements made for paddy procurement
Tribune News Service

Jammu, October 15
The Department of Agriculture in coordination with the Consumer Affairs and Public Distribution Department and the FCI has made arrangements at 13 locations in the districts of Kathua, Samba and Jammu for the procurement of paddy during the kharif marketing season.

This was disclosed during a field visit by Commissioner Secretary, Agriculture Production Department, Shaleen Kabra.

He also took stock of the arrangements for the procurement made by the Directorate of Agriculture, Jammu, at the centres set up at Chano Chak and Gajansoo in Jammu.

He expressed satisfaction over the provision of requisite infrastructure at these locations. Winnowing fans, weighing machines, stitching machines, tarpaulin, etc have already been provided at these centres by the Department of Agriculture, Jammu. He told officials to work in coordination with the agencies concerned to ensure maximum procurement during the season to benefit the farmers.

Responding to the problems highlighted by the farmers regarding the procedure pertaining to the procurement and payment to farmers, Kabra directed the officials to keep a complete record of the grain procured or rejected on a daily basis.

This data will be made available online at the directorate level to ensure maximum procurement and quick redressal of operational problems. 

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Employees’ march to civil sectt foiled
M Aamir Khan/TNS

Srinagar, October 15
The scheduled march of the Joint Consultative Committee (JCC), an amalgam of various employees' bodies, to the civil secretariat was foiled by the police here today.

While the authorities had deployed police teams at several places to prevent the employees from marching towards the civil secretariat, the JCC members led by their three main leaders Khurshid Alam, Abdul Qayoom Wani and Abdul Gafoor Dar managed to reach the Press Enclave in small groups where they staged a protest.

The protesters were shouting slogans against the government for “failing” to honour the agreement with the JCC. After a series of protests and strikes by the employees earlier this year, the government had made an agreement with the JCC wherein the employees were assured that a decision on their demands would be announced by September 30. However, the JCC then resumed the protest, saying the government had “betrayed” them. Speaking on the occasion, Alam threatened to intensify the protest if the government continued to “cold shoulder” them.

JCC press secretary Nisar Ahmad said the amalgam had called for a pen-down strike on November 5 and 6.

After protesting at the Press Enclave, the JCC leaders tried to lead a procession towards the civil secretariat. However, several JCC leaders and members were taken into preventive custody after they reached Lal Chowk.

The employees’ demands include release of arrears recommended by the Sixth Pay Commission and enhancement of retirement age from 58 to 60 years.

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State to seal border with Himachal
Tribune News Service

Jammu, October 15
Ahead of elections in the neighbouring Himachal Pradesh, the Jammu and Kashmir Police has geared itself to seal its border with the Himalayan state to check terrorists from entering the poll-bound state.

“Usually, chief electoral officers communicate to neighbouring states at high-level coordination meetings about the precautionary measures but we have already chalked out a strategy,” said DIG, Doda-Ramban-Kishtwar range, Garib Dass.

Two days ahead of the elections, all routes that lead to Himachal will be sealed. Roads from Paddar, Supari Nullah, Ishtehari, Gandoh, Bani and Bhaderwah to Himachal will be plugged with a strong posse of cops, said the DIG.

“Security at checkposts on our side will be strengthened. Police personnel will ensure that no subversive element, be they terrorists, drug-peddlers and hawala racketeers enter Himachal to cause any sort of disruption during the elections,” added the DIG.

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Political bigwigs tour Kashmir as ground situation stabilises, peace takes roots
Azhar Qadri
Tribune News Service

Srinagar, October 15
On a fine autumn evening last week, Srinagar’s commercial nerve centre Lal Chowk was teeming with shoppers when Union Home Minister Sushil Kumar Shinde made a surprise appearance in a posh black car driven by Chief Minister Omar Abdullah. At a time when militancy is largely fading away and recurrence of street protests of 2008 and 2010 has been checked by the state police, sometimes by harsh preemptive measures, the Union Home Minister was seen shopping for fruits at a busy market in the city here.

Shinde’s shopping experience in the heart of the city was a rare event for a person of his stature in the last two decades in the Valley, where militants have carried out brazen daytime raids on security installations.The high-profile visit to the Valley was preceded in quick by visits from President of India Pranab Mukherjee, Congress general secretary Rahul Gandhi, who had came with the country’s top industrialists, and Vice-President Hamid Ansari.

For some Kashmir watchers, the visits of so many high-profile men in such a short span suggest that the Centre wants to communicate something. “It is suggestive of something and does suggest something--- that Kashmir is in a transitional phase from violence to non-violence, from conflict to conflict stabilisation, from hopelessness to some hope, from absolute powerlessness to some power,” Professor Gul Mohammad Wani, who teaches Political Science at the University of Kashmir, said. He said such events had a “lot of significance” in politics, and more so when the politics involved conflict.

“The only thing that is missing in it is that in ideal times, in good times, they should engage with political leadership also. There is a certain paradox in all this and the paradox is why should we choose abnormal times for political engagement and why should we avoid normal times for political engagement,” Wani said.

During the 2010 street unrest, which witnessed widespread protests and the killing of over 120 protesters and bystanders during a police crackdown, the Central government had appointed a three-member team of interlocutors to engage with the separatists. As the interlocutors failed to break any ice with the separatists, the Centre also lost interest in engaging them again and have instead focused on measures which are more centric to youth. Among the four high-profile visits, three were centered around a major university in the Valley.

State Congress president Saifuddin Soz said there was not much to be read between the lines about these visits. “These visits came in like some kind of a routine,” he said.

The head of the Kashmir Chamber of Commerce and Industries, Abdul Hamid Punjabi, too seemed unexcited about any future prospects raised by these visits. “It turned out to be a damp squib. It was Congress telling Congress that there is peace. There is no significance for us as far as trade and commerce is concerned,” he said.

From most of the separatists, the reaction to these visits has been largely traditional, muted and by the book. Veteran separatist activist Shakeel Ahmad Bakshi, who heads the Islamic Students League, terms these visits as a reaction from a government which is in a “panic” mode.

“After 2010, the situation here changed from peaceful protests to hibernation and all the ploys used by the Government of India failed and fell like a pack of cards. So they became panicky about Kashmir and as a result came these visits,” Bakshi said. He said the visits are also a reaction to the “anti-Delhi stance” of the state’s ruling National Conference party which has refused to incorporate the 73rd Amendment to the JK Panchayati Raj Act.

“The existing institutions are vanishing, even the NC is becoming anti-Delhi by opposing the amendment,” he said. Bakshi said the Union Home Minister’s fruit-shopping at Lal Chowk was a message to the scared panchayat members that all was well.

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Over 1.3 lakh state beneficiaries of welfare schemes await their dues
Bismah Malik
Tribune News Service

Srinagar, October 15
Over 1,30,000 senior citizens, physically-challenged persons and widows are waiting for financial assistance under the state government-sponsored Integrated Social Security Scheme (ISSS) and the Centrally-sponsored Indira Gandhi Old Age Pension Scheme (IGNOAPS) in the state.

Around 50,573 women under the ISSS and 86,560 women under the IGNOAPS, who have been registered with the state Social Welfare Department, are being denied financial assistance.

The department has been unable to dispose of these pending cases despite the state government taking note of the issue and constituting a committee in July, 2011, for the early disposal of the cases. One year on, the committee is yet to submit its report to the government.

Official sources said the scarcity of funds coupled with ‘frauds’ within the department had hampered the implementation of the two social welfare schemes. They said the issue of non-availability of funds had been taken up with the state government and that its response was awaited.

“We have expressed our concerns to higher authorities. It is only when we get a go-ahead from them we could provide financial assistance to the beneficiaries of these schemes,” said Bashir Ahmad Bhat, Director, Social Welfare, Kashmir.

He said the department was providing a financial assistance of Rs 106 crore annually under various state and Central schemes to 2,86,000 old women, destitutes, widows and physically-challenged people.

The beneficiaries under the IGNOAPS, who are 60-years-old and aboveand are living below poverty line are paid Rs 500 each per month. As per the ISSS, widows, senior citizens and destitutes are paid Rs 200 per month.

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