MLC says Minister grabbed forest land in Shopian

Taj: ‘Accountability Commission has probed and found the allegation baseless’

Ahmed Ali Fayyaz

SRINAGAR, Oct 10: Being in the eye of a storm from different quarters for allegedly ‘grabbing state lands’ and ‘indulging in corruption’, senior Congress leader and Minister of Irrigation, Public Health Engineering and Flood Control, Taj Mohiuddin, was confronted today in Legislative Council by National Panthers Party (NPP) member Syed Rafeeq Shah. Waving documents, Shah claimed that the Minister had grabbed about 14 Kanals of forest land in Sedhav area, between the famous tourist resort of Aharbal and district headquarters of Shopian in southern Kashmir.

Reply to Mr Rafeeq Shah’s question had been deferred last week as the Minister incharge Forest, Mian Altaf Ahmad, did not have details available with him. Shah had asked whether a Minister had encroached upon forest land measuring nearly 14 Kanals in Sedhav area of Shopian. He had also desired to know if Forest Department had initiated any investigation or action to remove the ‘illegal occupation’.

On the last day of the autumn session today, Shah’s deferred question was replied by Minister of Forest, Mian Altaf Ahmad. Forest Minister said that Government had no knowledge of a Minister having grabbed forest land in Sedhav area of Shopian. He, nevertheless, said that Forest Department was examining and investigation the allegation and necessary action under law would be taken if the MLC’s allegation proved to be correct.

Shah got up and began waving papers---purportedly the Revenue records made available to an applicant under RTI Act. Even as he had not identified the Minister in his question, obviously for fear of deletion by the Council Secretariat, he identified him today as none other than Choudhary Taj Mohiuddin S/o Brig (Retd) Khuda Bakhsh R/o Batmaloo, Srinagar. Claiming to be quoting the replies provided under RTI, Shah read out a purported report of Tehsildar of Shopian. According to the document, Taj had grabbed 10 Kanals and 16 Marlas of forest land under survey No: 4/1 and 3 Kanals more under survey No: 1162/709.

Shah said that Tehsildar had certified the encroachment having taken place 27 years back and Taj having applied for its propriety rights under ‘Roshni Act’ in 2001. He claimed that DFO Shopian had reported that the land in question had not been transferred to the applicant as it was forest land and could not be granted to the applicant under Roshni Act. He demanded constitution of a House Committee for the purpose of detailed investigation and necessary action in the matter.

Forest Minister Mian Altaf asserted that after taking cognizance of Shah’s accusation, Forest Department was holding further investigation into the matter. He assured the House that an action could be taken only after the allegation against the Minister was substantiated with a proof. He asserted that there was no need of constituting a House Committee at this stage.

Shah retorted that it was a substantial allegation and could be verified. He said that Forest Minister Mian Altaf was a man of high integrity and nobody could question his credentials but, at the same time, it required to be investigated by a higher forum whether the records had been mutilated or the Minister had really brought the forest land under his illegal occupation.

NC’s MLC, Khalid Najeeb Suharwardy, and Minister incharge Medical Education, R.S. Chib supported Forest Minister’s contention that there was no need of holding a House Committee investigation in advance of a detailed investigation by Forest and Revenue Departments. However, PDP’s Murtaza Khan supported Shah and stressed on immediate constitution of House Committee.

Chairman, Amrit Malhotra, directed next issue of Business with an assertion that he would listen to both, MLC as well as Minister, examine the records and other evidences and thereafter announce his decision in the matter.

However, within half-an-hour Taj Mohiuddin entered the House with a bundle of documents in his defence.  Exercising his right to reply, he claimed that the land had been in his lawful possession since 1970 and 12 Kanals of it had been duly transferred to him under Roshni Act nearly a decade ago. He said that this matter had been investigated even by J&K Accountability Commission but had been dropped as the Commission, according to him, had found nothing amiss. He later claimed that Mr Shah was actually settling his personal scores with him as he (Minister and Chairman of District Development Board Kupwara) had once ordered the MLC’s exit from an official meeting on account of ‘indiscipline’.

Chairman Amrit Malhotra reiterated that he would announce his decision---whether or not to assign this investigation to a House Committee---after listening to both the parties and examining their respective documents and revenue records thoroughly. Taj declared that he would resign as Minister and legislator in case Shah’s allegation against him proved to be correct. Later, Chairman concluded the session and declared it sine die.

Continuously a Minister since 2002,Taj has been in a whirlpool of accusations from different quarters. In Jammu wing of High Court, he is facing charges of having grabbed an expanse of the state land beside Tawi river and having developed it with misuse of official position. His party colleague and former Minister of Social Welfare, Abdul Gani Vakil, has leveled serious allegations of corruption, misuse of official position and land grabbing against Taj.

However, Taj has taken the allegation seriously and made his Government file a defamation suit against Vakil in a court in Srinagar. He has strongly rebutted all allegations against him and claimed that his detractors and political rivals had been selectively targeting him to settle personal scores. Suit against Vakil has been filed by the state Government on behalf of the Minister with the approval of Chief Minister Omar Abdullah who is holding charge of General Administration Department.

Later today, Taj told journalists that would move a privilege motion against Shah in the Budget session in Jammu. “The land is my proprietary land. I have records of the land and I own it since 1970. Forest land is far away from my land. 12 kanals of the land have been transferred to my name through Roshni Act. The case has been rejected by the Accountability Commission in 2004,” he said.

END

LC may refer religious universities Bills to JSC

Chairman seeks fresh suggestions from MLCs on Transworld Muslim University, Sheikh-ul-Alam University, Guru Nanak Dev Khalsa University

Ahmed Ali Fayyaz

SRINAGAR, Oct 10: With the ruling coalition partners---National Conference (NC) and Congress---getting trapped into the trouble of its own making, legislation on creating a privately-controlled religious university in Kashmir is again running into a rough weather. As the coalition appears inclined neither to pass the private member’s Bill nor to fail it, Upper House of the state Legislature is likely to further defer its consideration while referring the Draft to a Joint Select Committee (JSC) of Legislative Council (LC) and Legislative Assembly (LA).

Both Congress as well as NC have been tightlipped over the issue even after having jointly pushed the legislation in LA in 2010. The Bill seeking creation of Transworld Muslim University (TMU) had been moved by NC’s MLA, Mir Saifullah, in 2009. This university of a religious ambience was proposed to operate on the “surplus funds of Jamiat-e-Ahl-e-Hadith (JAH)”. Only one MLA, belonging to Peoples Democratic Party (PDP), had opposed the Bill with the argument that the proposed university could lead to creating universities on the basis of different sects and schools of though among the Muslims in Jammu and Kashmir.

The MLA had pointed out that the ideology of the promoters was “radical” and contrary to that of the Rishis and Sufis being practiced in Kashmir since 14^th century A.D. According to him, promoters of the University had no faith in saints and shrines and their establishments could generate an adverse reaction among the rival schools of thought. He lashed out at former Chief Minister Ghulam Nabi Azad for allotting 100 Kanals of state land to JAH and laying the foundation of Kashmir’s first “sectarian university”.

He pointed out that there was no scope for creating colleges and universities on “sectarian basis” in India as the Constitution had provision only for “minority” and “religious” universities like Aligarh Muslim University, Banaras Hindu University, Guru Nanak Dev College of Agricultural Sciences, Islamic University of Science and Technology, Awantipore, and Mata Vaishnu Devi University Udhampur.

However, almost all other members in LA voted in favour of the Bill after it was referred to a Select Committee. Finally, Minister for Higher Education, Abdul Gani Malik, pushed the legislation on the basis of a positive report from Select Committee. While the discussion was underway, JAH’s arch rival, Karwaan-e-Islami (KI), which is known for its faith in saints and shrines, pushed another Bill, seeking creation of a University in the name of Valley’s 14^th century saint, Sheikh-ul-Alam Sheikh Noor-ud-din Noorani. Interestingly, this Bill was piloted by Mir Saifullah’s rival in the NC, Chowdhary Mohammad Ramzan.

Meanwhile, Independent MLA from Kathua, Chanranjit Singh, moved another Bill, seeking creation of ‘Shri Guru Nanak Dev Khalsa University’.

JAH chief, Maulana Showkat Shah, before his assassination in April 2011, had dispelled impressions that TMU could lead to sectarian and ideological divide among the Kashmiri Muslims. He had repeatedly suggested that TMU would not be an extension of the Saudi-funded Madrasas in Pakistan and Afghanistan and would only promote research in Islamic Studies, science and technology. It was the result of Maulan’s sustained campaigning that JAH succeeded in getting the Bill passed in LA. Chowdhary Ramzan’s and Charanjit Singh’s Bills were also clubbed with the same and passed without change.

All the three Bills were further transmitted for passage to LC on October 9^th, 2010. Around the same time, the coalition partners seemed to undergo ‘change of heart’ as some national dailies reported that the union Ministry of Home Affairs as well as Congress high command in New Delhi were not in favour of creating a University that would draw its finances from a controversial source in Saudi Arabia and promote “radical ideology” in the sensitive border state. These apprehensions reportedly intensified when 18 people died in different incidents of Police firing in Kashmir, in September 2010, over a sacrilegious act in USA.

On October 11^th, 2010, these Bills came up for consideration in LC but were clubbed and unanimously referred to JSC. Then incharge Chairman of LC, Arvinder Singh Mickey, obtained a list of 10 names from LA but did not constitute the JSC till his term expired in October 2011. Meanwhile, Secretary LA read out a message under Rule 97 (2) informing Assembly that the three Bills had not been passed by LC despite a lapse of more than three months.

In the wake of a hullabaloo by three MLAs of PDP in LA on Tuesday, a number of members in LC today desired to know “current status” of the three Bills. In an hour, Chairman Mr Amrit Malhotra, read out a sequence of events. Significantly, movers of all the three Bills in LA remained tightlipped yesterday and they did not utter a single word in favour of or against the legislation. They did not react to suggestions that the mover of a Bill could move it afresh under Rule 98 after its lapse of three months in LC.

As reported in Early Times, Minister of Law and Parliamentary Affairs discussed the matter with Chairman of LC at the latter’s office last evening.

“When the matter came into my consideration after assumption of office, I felt that it would not be advisable to constitute the Joint Select Committee after a lapse of more than a year and also because of the fact that the Legislative Assembly was enabled to pass the Bills again after the message was read in that House as rule 98 (1) of the Rules of Procedure and Conduct of Business in the Legislative Assembly becomes applicable after a message is read under Rule 97 (2)”, Chairman Malhotra said in a written statement.

He added: “Now, since the House is supreme and it can either reiterate its earlier resolution about constitution of Joint Select Committee or modify the same or take any other appropriate decision in the matter, I want to take sense of the House in the matter. I accordingly leave the matter for a decision of the House. Let the Members firm up their opinion on the issue and come up with their suggestions tomorrow so that the issue is settled once for all”.

At this stage now, it appears likely that LC would constitute JSC and refer the issue to it on the last day of the autumn session on Thursday.

END 

1386 Kanals of prime land ‘sold out’ by J&K Ministers, bureaucrats outside

Govt has 1500 Kanals of land outside J&K; just 116 Kanals in its possession

Ahmed Ali Fayyaz

SRINAGAR, Oct 10: Politicians and bureaucrats in successive governments in Jammu and Kashmir have given nearly 1,400 Kanals of prime land into unauthorized possession of different government and private parties out of the state’s total assets and acquisitions of 1,500 Kanals. This has become clear from an answer to a member’s question in Legislative Council today.

On behalf of Minister incharge Hospitality and Protocol (Chief Minister), Government today revealed in reply to the National Conference MLC Dr Bashir Ahmad Veeri in Legislative Council that it had 1,500 Kanals of land outside the state. While most of it had been acquired by the state government, some of it had been obtained on lease. Out of 1,500 Kanals, only 116 Kanals was in physical possession of the state government.

In a written reply, it was made clear to the MLC that J&K Government had 41 Kanals and 12 Marlas of land at 5-Prithvi Raj Road in New Delhi, known as ‘old J&K House’. Different structures had been constructed on this piece of land. These included Resident Commissioner’s office and residence, suites for Governor and Chief Minister, Circuit House of 15 Rooms besides 31 residential quarters for staff and other offices.

At Chanakyapuri, known as ‘new J&K House’ in New Delhi, Government had land measuring 11 Kanals and 18.2 Marlas. Guest House comprising three blocks of total 57 rooms, four VIP suites and 40 residential quarters for staff stood built on the land.

At Raja Ji Marg in New Delhi, J&K Government had land measuring 114 Kanals and 11.2 Marlas out of which only 17 Kanals were in its physical possession. Bureaucrats and officials have given 96 Kanlas of this prime land into the possession of Military Engineering Wing of Ministry of Defence. Besides, land measuring 1 Kanal and 11.2 Marlas had been given into the possession of Central PWD.

The reply revealed the mystery of the loss of state government’s land measuring 1,251 Kanals and 4 Marlas at Sirsa in Haryana. “The land has been surreptitiously transferred in the name of Mirpur Cooperative Society by the Assistant Collector 1^st Class”, said the reply. It said that the land was initially leased out to M/S Bajwa Brothers for 5 years with effect from 1957 to 1962. “The land was surreptitiously transferred in favour of Mirpur Cooperative Society by an Order dated 02-04-1986 passed by the Assistant Controller 1^st class Sirsa. A writ petition is being filed in Punjab & Haryana High Court for restoration of the land to the Government of J&K”, said the reply to Mr Veeri’s question.

However, the reply did neither identify the bureaucrats and politicians responsible for this lapse or connivance nor did it mention why the bureaucrats and Ministers in successive governments from 1986 to 2012 had not initiated any action for restoration of the possession of 1,251 Kanals of the usurped land.

Interestingly in the current year’s Budget session in Jammu, Government had assured the same MLC that it had specially given this task to Advocate General and the land would be got restored within six months. Today, it became clear that the Government has been conveniently sleeping over the matter, like many of predecessor governments and even a writ petition has not been filed, neither from 1986 to 2012 nor in the last six months.

Complaints that officers and politicians of all successive governments have been sleeping over illegal occupation of J&K Government’s lands, particularly those in Delhi, Mumbai and Sirsa, in lieu of huge amounts of bribe money and other favours from the beneficiary occupants have fallen on deaf ears of all governments.

In the reply on behalf of Chief Minister, Minister of State H&P, Aijaz Ahmad Khan revealed that J&K Government had an area of 2,646 sft at World Trade Centre, Cuffee House, in Mumbai which houses Joint Resident Commissioner’s office. It had also a guest house of two bed rooms and a dining room on the 3^rd floor of Advent Building on Foreshore Road in Mumbai, over area of 1,436 sft. It also had a duplex flat (5,672 sft) on 2^nd floor of the building called Haveli at LD Rupareal Marg, Mallabar Hills in Mumbai. The flat of 5 bed rooms is being used as the state government’s Guest House in Mumbai.

“Land measuring 5,802 square yards (1 Kanal and 2 Marlas) at Napean Sea Road, Mumbai, is on lease with M/S Sanghvi Construction Company, Mumbai, for 90 years w.e.f. 1^st June, 1991”, said the reply.

It added that in Chandigarh, J&K Government had land measuring 7 Kanals and 10.6 Marlas in Sector-5A (J&K House). It has 6 guest rooms and a VIP suite. The state government has also a commercial building of 1 Kanal and 7 Marlas (812 sq yards) in Sector-17A comprising 4 floors and a basement. The reply revealed that this property worth hundreds of Crores was currently in lease of Labour Bureau, Ministry of Labour and Employment, Government of India.

According to the reply, J&K House Amritsar, situated at 2-Court Road, Amritsar, has one VIP suite and three guest rooms in the main building and three in another building, besides staff quarters and a Manager’s Quarter. It has total area of 19 Kanals. “The State Government has 32 Kanals and 9 Marlas of land at Daim Gunj, Tapai Road, Amritsar which is under unauthorized occupation of the families of original lessees for many years”, said the reply.

It made clear that in addition to H&P Department’s above-mentioned properties, J&K Government also owned a plot measuring 4,000 sq meters (7 Kanals and 18 Marlas) at Shalimar Bagh in Delhi. Since 1977, it has been under possession of Horticulture (Planning & Marketing) Department which has built on the premises a Kisan Ghar comprising 28 rooms. Fruit growers and traders visiting Delhi are given preference on all others in staying at the Kisan Ghar.

Besides, J&K State Road Transport Corporation (SRTC) had land measuring 5 Kanals and 19 Marlas, with a single story building on it, at Dalhousie Road in Pathankote, Punjab. SRTC uses it as depot for inter-state bus service but considering its commercial utilization.

Government has also a plot of land measuring 433.77 sq yards (14 Marlas) at Baba Kharak Singh Marg in New Delhi. Offices and showrooms of Kashmir Government Arts Emporium and J&K Industries Ltd are located on the same land. The reply said that it was on a perpetual lease but disclosed that no copy of the lease deed was available with the state government.

Surprisingly, the reply made it clear that like all previous government, Omar Abdullah’s government was continuously sleeping over utilization of land measuring 4 Kanals and 2.5 Marlas which had been leased out to J&K Government in 1987 at the high-valued Salt lake in Kolkata. West Bengal Government has terminated this lease several times in the last as the J&K Government has failed to raise a Kisan Ghar on the premises in accordance to terms and conditions of the lease deed. West Bengal Government has extended the deadline several times, as many as three times in the last three years of Omar Abdullah government. Still, no construction has been raised on the premises.

“The West Bengal Government agreed to allow another extension in the time lines till April 2012. Since the construction work on the above plots has not started yet, again a request has been lodged with the WB Government at the level of the Hon’ble Chief Minister for another extension in the timeline for the construction of facilities. The department is taking all the necessary steps to set up the infrastructure on the above sites”, said the Government’s reply without revealing what dozens of tours by Ministers and bureaucrats from Srinagar and Jammu to Kolkata had yielded in the last over three years of current government.

END

LC may refer religious universities Bills to JSC

Chairman seeks fresh suggestions from MLCs on Transworld Muslim University, Sheikh-ul-Alam University, Guru Nanak Dev Khalsa University

Ahmed Ali Fayyaz

SRINAGAR, Oct 10: With the ruling coalition partners---National Conference (NC) and Congress---getting trapped into the trouble of its own making, legislation on creating a privately-controlled religious university in Kashmir is again running into a rough weather. As the coalition appears inclined neither to pass the private member’s Bill nor to fail it, Upper House of the state Legislature is likely to further defer its consideration while referring the Draft to a Joint Select Committee (JSC) of Legislative Council (LC) and Legislative Assembly (LA).

Both Congress as well as NC have been tightlipped over the issue even after having jointly pushed the legislation in LA in 2010. The Bill seeking creation of Transworld Muslim University (TMU) had been moved by NC’s MLA, Mir Saifullah, in 2009. This university of a religious ambience was proposed to operate on the “surplus funds of Jamiat-e-Ahl-e-Hadith (JAH)”. Only one MLA, belonging to Peoples Democratic Party (PDP), had opposed the Bill with the argument that the proposed university could lead to creating universities on the basis of different sects and schools of though among the Muslims in Jammu and Kashmir.

The MLA had pointed out that the ideology of the promoters was “radical” and contrary to that of the Rishis and Sufis being practiced in Kashmir since 14^th century A.D. According to him, promoters of the University had no faith in saints and shrines and their establishments could generate an adverse reaction among the rival schools of thought. He lashed out at former Chief Minister Ghulam Nabi Azad for allotting 100 Kanals of state land to JAH and laying the foundation of Kashmir’s first “sectarian university”.

He pointed out that there was no scope for creating colleges and universities on “sectarian basis” in India as the Constitution had provision only for “minority” and “religious” universities like Aligarh Muslim University, Banaras Hindu University, Guru Nanak Dev College of Agricultural Sciences, Islamic University of Science and Technology, Awantipore, and Mata Vaishnu Devi University Udhampur.

However, almost all other members in LA voted in favour of the Bill after it was referred to a Select Committee. Finally, Minister for Higher Education, Abdul Gani Malik, pushed the legislation on the basis of a positive report from Select Committee. While the discussion was underway, JAH’s arch rival, Karwaan-e-Islami (KI), which is known for its faith in saints and shrines, pushed another Bill, seeking creation of a University in the name of Valley’s 14^th century saint, Sheikh-ul-Alam Sheikh Noor-ud-din Noorani. Interestingly, this Bill was piloted by Mir Saifullah’s rival in the NC, Chowdhary Mohammad Ramzan.

Meanwhile, Independent MLA from Kathua, Chanranjit Singh, moved another Bill, seeking creation of ‘Shri Guru Nanak Dev Khalsa University’.

JAH chief, Maulana Showkat Shah, before his assassination in April 2011, had dispelled impressions that TMU could lead to sectarian and ideological divide among the Kashmiri Muslims. He had repeatedly suggested that TMU would not be an extension of the Saudi-funded Madrasas in Pakistan and Afghanistan and would only promote research in Islamic Studies, science and technology. It was the result of Maulan’s sustained campaigning that JAH succeeded in getting the Bill passed in LA. Chowdhary Ramzan’s and Charanjit Singh’s Bills were also clubbed with the same and passed without change.

All the three Bills were further transmitted for passage to LC on October 9^th, 2010. Around the same time, the coalition partners seemed to undergo ‘change of heart’ as some national dailies reported that the union Ministry of Home Affairs as well as Congress high command in New Delhi were not in favour of creating a University that would draw its finances from a controversial source in Saudi Arabia and promote “radical ideology” in the sensitive border state. These apprehensions reportedly intensified when 18 people died in different incidents of Police firing in Kashmir, in September 2010, over a sacrilegious act in USA.

On October 11^th, 2010, these Bills came up for consideration in LC but were clubbed and unanimously referred to JSC. Then incharge Chairman of LC, Arvinder Singh Mickey, obtained a list of 10 names from LA but did not constitute the JSC till his term expired in October 2011. Meanwhile, Secretary LA read out a message under Rule 97 (2) informing Assembly that the three Bills had not been passed by LC despite a lapse of more than three months.

In the wake of a hullabaloo by three MLAs of PDP in LA on Tuesday, a number of members in LC today desired to know “current status” of the three Bills. In an hour, Chairman Mr Amrit Malhotra, read out a sequence of events. Significantly, movers of all the three Bills in LA remained tightlipped yesterday and they did not utter a single word in favour of or against the legislation. They did not react to suggestions that the mover of a Bill could move it afresh under Rule 98 after its lapse of three months in LC.

As reported in Early Times, Minister of Law and Parliamentary Affairs discussed the matter with Chairman of LC at the latter’s office last evening.

“When the matter came into my consideration after assumption of office, I felt that it would not be advisable to constitute the Joint Select Committee after a lapse of more than a year and also because of the fact that the Legislative Assembly was enabled to pass the Bills again after the message was read in that House as rule 98 (1) of the Rules of Procedure and Conduct of Business in the Legislative Assembly becomes applicable after a message is read under Rule 97 (2)”, Chairman Malhotra said in a written statement.

He added: “Now, since the House is supreme and it can either reiterate its earlier resolution about constitution of Joint Select Committee or modify the same or take any other appropriate decision in the matter, I want to take sense of the House in the matter. I accordingly leave the matter for a decision of the House. Let the Members firm up their opinion on the issue and come up with their suggestions tomorrow so that the issue is settled once for all”.

At this stage now, it appears likely that LC would constitute JSC and refer the issue to it on the last day of the autumn session on Thursday.

END 

University Bills issue to surface in Upper House again

NC, PDP want TMU nut to crack on Congress’ head

Ahmed Ali Fayyaz

SRINAGAR, Oct 9: Much like the Women’s Property Rights Bill during the PDP-Congress coalition regime, a private member’s Bill seeking creation of Transworld Muslim University (TMU) is fast shaping into a trouble for the Congress party in Jammu & Kashmir. Yet again, this is a situation where Congress has voted for the Bill in Legislative Assembly but wants to fail it in Legislative Council---amid tossing of the ball between the three major political parties.

In hours of hullabaloo on the issue in Legislative Assembly (LA), Minister of Law & Parliamentary Affairs, Ali Mohammad Sagar, held an emergency meeting with Chairman of Legislative Council (LC), Amrit Malhotra, at the latter’s office this evening. What transpired between the two was not immediately clear but Early Times learned from political sources that the matter could surface in the Upper House on Wednesday as some members would seek to know “current status” of the three Bills that had been passed by LA and were supposed to come up for consideration and passage in LC.

Even as Chairman had returned to his home, he was requested to return to the Legislature Complex for discussion on an “extremely urgent issue”. The closed-door meeting between the Minister and Chairman of LC continued for about an hour.

The Bills titled “Transworld Muslim University Bill, 2009 (L.A. Private Member’s Bill No: 23 of 2009”, “Sheikh-ul-Alam Research University Kashmir, Bill 2010 (L.A. Private Member’s Bill No: 9 of 2010)” and “Guru Nanak Dev Open University Bill, 2010 (L.A. Private Member’s Bill No: 59 of 2010” have been almost unanimously passed in LA and have been clubbed for consideration and passing in LC. These had been separately moved in LA respectively by NC’s MLA of Kupwara, Mir Saifullah, NC’s MLA of Handwara, Chowdhary Mohammad Ramzan, and independent MLA from Kathua, Charanjit Singh.

Exactly like in the Women’s Property Rights Bill that put NC and PDP on one side and Congress on the side a few years ago, change of heart in Congress became evident when the party’s MLC, Bashir Ahmad Magray, got the legislation stalled in LC last year. Asserting that his party had certain reservations with regard to the Transworld Muslim University Bill, the Congress MLC pressed for its reference to a Joint Select Committee (JSC), comprising members of both the Houses.

Then Deputy Chairman and LC’s incharge Presiding Officer, Arvinder Singh Micky, sought nominations from the Lower House. LA Secretariat submitted names of 10 MLAs of different political parties. However, the JSC was not constituted till Mr Micky’s term expired. As required under Rule 97 (2) of Business Rules, Secretary of LA informed the Lower House on March 24^th, 2011, that the three Bills had not been passed by LC.

According to a barrage of speculations, including reports in national dailies, word spread that Congress had changed its heart following apprehensions in union Ministry of Home Affairs (MHA) that two of the three Bills could lead to “sectarian divide” and “ideological clash” in the sensitive border state. According to some of these reports, MHA had developed “reservations” after learning that funds for one of these universities would flow from a foreign country that had already established a wide network of Madrasas in Pakistan and other Muslim countries.

Even as the mover of the Bill made emphatic clarifications in LA and outside that all these apprehensions were misplaced and the proposed university would only cultivate religious harmony and promote research in science and technology, Congress chose to watch the developments like a mute spectator. Significantly, only one MLA of PDP had opposed the Bill in LA, arguing that creation of universities on sectarian and ideological basis could lead to sectarian and ideological divide in the state. With the parties like BJP and Panthers Party remaining mute, almost all members of NC, PDP and Congress had voted in favour of the three Bills.

With everybody trying to be politically correct, nobody moved the Bills afresh in either of the Houses. With the approval of the new Chairman of LC, Deputy Secretary of the Upper House wrote to Secretary of LA under No: LB/JSC/2012-LC Dated 19-04-2012: “I am directed to inform you that since Secretary Legislative Assembly has read out a message in the Legislative Assembly on 24^th of March, 2011, under Rule 97 (2) of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly in respect of the above referred three Bills, the procedure prescribed under Rule 98 (1) of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly has become applicable”.

It was widely interpreted that the new Chairman wanted LA to initiate the process afresh if the movers under Rule 98 wanted to press the legislation.

Deputy Secretary’s communication to Secretary LA added: “In view of restrictions on powers of Legislative Council, under section 75 of the Constitution of Jammu and Kashmir, the Legislative Council shall have a limited role only after these Bills are again transmitted to this House under Rule 101 of the Rules of Procedure and Conduct of Business in the J&K Legislative Assembly read with the section 75 (2) of the Constitution of Jammu and Kashmir”.

Rule 97 (2) reads: “If a Bill other than a Money Bill is passed by the House and transmitted to the Council and more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it, the Secretary shall, as soon as may be, report these facts to the House”.

This is exactly what Secretary of LA has done on March 24^th, 2011.

During the course of a discussion on amendment to Constitution for strengthening of Panchayati Raj Institutions, PDP’s MLA from Chadoura, Javed Mustafa Mir, today raked up the issue of the Trans World Muslim University Bill in LA. “The Bill was supposed to be passed by the Upper House. It has not come back to this House. I want to know where this Bill is”, he shouted.

Speaker Mohammad Akbar Lone explained that the Bill had been passed by LA and transmitted to LC for passage. He stated that LC asked for nominations as it wanted to refer the Bill to JSC. He said that Assembly Secretariat proposed names of 10 members but the JSC had not been constituted by Chairman of LC. He said that it was a matter of controversy between Presiding Officers of LC and LA as the former’s contention was that the matter lay with LA after Secretary’s reading the message but the latter was of the opinion that the Upper House needed to constitute JSC and consider the Bill for passage.

Thereupon, PDP’s MLA from Bandipore, Nizam-ud-din Bhat argued that after Secretary’s reading out the message under Rule 97 (2), Rule 98 had become applicable.

Rule 98 (1) reads: “At any time after a message has been reported to the House or published in the Bulletin under Rule 97 (1) (b) or a report has been made to the House under Rule 97 (2) the member in charge of the Bill to which the message or the report as the case may be, pertains, may in the same or in any subsequent session, after giving three days’ notice or with the consent of the Speaker with shorter or without notice, move that the Bill as originally passed by the House be passed again”.

While all the three movers---Mir Saifullah, Chowdhary Ramzan and Charanjit Singh---did not utter a word, Mr Sagar responded to the points raised by PDP’s Javed Mustafa Mir, Nizam-ud-din Bhat and Abdul Rehman Veeri. He stated that he would take up the matter with Chairman of LC to learn about the current status of these Bill and accordingly inform the House next day.

Not satisfied with the Minister’s reply, Javed Mustafa staged a walk-out while yelling that the problem was “neither in Assembly nor in Council but in Delhi”. “Don’t take up with Chairman. Take it up with New Delhi”, he shouted on Sagar. With all Ministers and MLAs of Congress chose to remain silent, party’s MLA from Banihal, Weqar Rasool, took strong objection to Javed Mir’s insinuation. “Why do you people drag Delhi in all matters? We have voted for and passed this Bill in Assembly”, he shouted back on the PDP MLA.

With the PDP trying to take advantage of the coalition’s quandary, it appears clear NC and Congress would go for a silent abortion of this Bill. Once put to vote, NC and PDP could be seen on one side of the fence, like the Women’s Bill, and Congress on the other, perhaps with BJP and NPP.

END

BJP dissidents launch ‘JKDF’ with high drama in Assembly

Contempt action initiated against 3 actors, MLA Sapolia

Ahmed Ali Fayyaz

SRINAGAR, Oct 8: Speaker of Legislative Assembly, Mohammad Akbar Lone, has initiated proceedings of Contempt to House against BJP’s MLA from Basohli, Jagdish Raj Sapolia, and three youth from Jammu who created high drama by shouting slogans, waving a flag and jumping onto the floor during Question Hour today. All the three actors of the unprecedented scene were captured and dragged out by marshals before they were put in Police custody and detained at Police Station Shaheed Gunj till October 10^th ---last day of the current autumn session.

While Chief Minister Omar Abdullah and Ministers of his Cabinet were listening to the opposition PDP MLAs and Speaker Mohammad Akbar Lone was conducting proceedings of Question Hour, three youth in a public gallery got up and began shouting slogans. As they called for implementation of an ‘Employment Policy’, one of them displayed a banner. On red and green base, it read ‘JKDF’. They had occupied seats in a gallery that is reserved partly for guests of the legislators and partly for television camera crews.

Holding a vantage position in the gallery overlooking the floor, all the three youths jumped down onto the floor and attempted to force their entry into the well. However, the watch and ward staff overpowered them and dragged them out of the hall while striking on them kicks, fists and slaps. On the orders of Speaker, they were immediately handed over to SP Security, Civil Secretariat, Maqsood-uz-Zamaan who got them confined in a room in the Legislature Complex.

Speaker pronounced that their act was an open contempt to the House and could not be condoned in any circumstances as the sanctity of the House was paramount. He directed the marshals and Assembly Secretariat on microphone that the detained youth be got identified along with the member (MLA) on whose recommendation entry passes had been issued to them. He announced that he would declare the member’s name and initiate contempt proceedings against not only the three actors but also the “abettor” MLA.

After some time, Speaker asserted that today’s incident inside the Assembly was a brazen contempt to the House. He said that BJP’s MLA from Basohli, Jagdish Raj Sapolia, had been identified as the MLA who had helped the trio get entry into the complex and passes issued to them. According to his ruling, that was unanimously endorsed by all members, with an aborted intervention of Mr Sapolia, the alleged contemnors would remain in custody and the House would take a decision in the matter in a couple of days.

Mr Sapolia and six other MLAs have been expelled by their party, BJP, on account of their alleged violation of whip during elections for some seats of Legislative Council last year. They are facing charge of having voted for the candidates of the ruling National Conference and Congress. Speaker had taken cognizance of BJP’s official petition seeking disqualification of the seven MLAs under the state’s anti-defection law but the proceedings have been stalled as the respondent legislators have taken the matter to J&K High Court. Mr Sapolia has been Congress party’s leader and MLA for years before successfully contesting 2008 Assembly elections from Basohli on BJP’s ticket.

Speaker displayed the seized banner to the House as well as scores of the hungry television cameras. He said that the accused MLA and his associates have launched an organisation by the title of ‘Jammu and Kashmir Democratic Forum’ and the detained youth were members of the same outfit. According to Police sources, they identified themselves as Advocate Sunny Mahajan of Udhampur, Ambedkar Gupta of Ustad Mohalla, Jammu, who reportedly operated a coaching centre of martial art and LIC agent, Munish Khajuria of Rajpora, Jammu.

SP Security, Maqsood-uz-Zamaan, confirmed to Early Times that he took custody of the trio on the written orders of Speaker under J&K Assembly Business Rules. He said that on the same order, he called SHO Shaheed Gunj to the Legislature Complex in the afternoon and handed over the trio to him. The captured youth were later placed in the lock-up at Police Station Shaheed Gunj. Speaker said in his order that the House would deliberate upon the issue on October 10^th.

Elderly members and staff said that there was no precedence of anybody having jumped onto the floor in Legislature. One of them said that some incidents of tearing papers in the gallery had occurred in the past but nobody from any gallery had ever committed the act of slogan shouting and forcing entry into the well. Informed sources insisted that the three youth had stayed with an expelled BJP MLA at MLAs Hostel who had also driven them to Assembly Complex in his official car.

In Jammu, dissident BJP leader Chaman Lal Gupta’s son Anil Gupta said on camera to Take One television that the youth belonged to his party, JKDF. He said that they had raised their voice “in a democratic manner” but did shouting of slogans and jumping onto the floor “in frustration”. Informed sources told this newspaper that Speaker had taken exception to Anil Gupta’s statement on television and he was likely to be included among the abettors. Video footage of Gupta’s statement was being requisitioned from Jammu.

MLA Sapolia admitted to mediapersons outside the House that the three youths had been recommended by him for entry pass. He exclaimed with displeasure that they had betrayed his trust and committed an action which did not have his sanction or encouragement in any manner. He said he would not hesitate to apologize on the floor of the House if he was asked to renounce his ‘mistake’ of facilitating the contemnors’ entry into the public gallery.

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