Panic grips Kashmir as Jhelum flows close to danger mark

Divisional Commissioner describes situation ‘not very alarming’

Ahmed Ali Fayyaz

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Jammu, March 29: Kashmir Divisional Commissioner Gazanfar Hussain described the situation “not very alarming’ even as incessant rains forced the authorities to put the official machinery on high alert and the river Jhelum was flowing close to the danger mark around midnight on Sunday.

Srinagar Deputy Commissioner Farooq Ahmad Lone told this writer over telephone that the water level was 16.50 ft at 11.00 p.m. He said that flood would be declared if it crossed 18.00 ft while as the danger mark was at 23.00 ft. He said that the water level had been gauged as 19.70 ft as against the flood mark of 21.00 ft at Sangham in Anantnag district at 11.00 p.m.

“We have advised physically weak and infirm people to shift to the safer places as a precautionary measure. We have also equipped all Police Stations with vehicles and rescue and evacuation equipment and entire essential service staff is on round-the-clock duty”, Mr Lone said. He added that two relief camps were being set up at Sir Syed Convention Complex Sanat Nagar and EDI Complex Sempora in the capital city outskirts. “As of now, there are no reports of any breach of embankments. We just sent some Police teams on a thorough inspection of the river banks in Rajbabgh and Jawahar Nagar areas. They reported that the embankments were sound at all the vulnerable spots”, Mr Lone said.

Divisional Commissioner Gazanfar Hussain added:“We have set up special control rooms and all the concerned officials are on duty. We are reviewing the situation on hourly basis. So far the situation is not extremely alarming. In September, Jhelum had flown over 30 ft with 1,20,000 cusecs at Ram Munshi Bagh. We are far below that mark and we need not panic”. He said that the authorities were fully prepared to fight the natural disaster and all necessary arrangements had been put in place.

Reports from South Kashmir said that the situation was grim in several areas of Pulwama and Anantnag district. However, the rainfall turning into snowfall in Kulgam and Anantnag districts late this evening brought a bit of relief even as it could badly affect horticulture and agriculture.

JHELUM IN SPATE

 With the continuous rainfall for 24 hours tonight, water level in Jhelum was inching close to the flood and danger mark at both Sangham as well as Ram Munshi Bagh in Srinagar. At Sangham, the level, which was 10.65 ft at 10.00 a.m. on Sunday rose to 19.70 ft till 11.00 p.m. on Sunday, registering an alarming increase of 9 ft in 13 hours.

Likewise, at Ram Munshi Bagh, the water level rose to 16.50 ft at 11.00 p.m. It was 12.40 ft at 10.00 a.m. The increase of over 4 ft in 13 hours was described by the officials as ‘alarming’, fearing it could cross the danger mark of 23 ft in the next 24 hours at this rate.

Schools have been closed for Monday and Tuesday in the flood-prone areas and some examinations cancelled. Srinagar-Jammu National Highway has been closed for traffic due to landslides at several places though it was supposed to remain open after a day of repairs and lockdown on Sunday.

Chief Minister Mufti Mohammad Sayeed, who arrived in Srinagar from New Delhi and took a review of the situation at a high level meeting at Banquet Hall, is camping in the summer capital alongwith five other Ministerial colleagues including the Minister incharge Irrigation and Flood Control Sukhnandan Kumar.

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CAG uncovers MNREGA’s fake bank accounts, SICOP’s land loot, Fire deptt’s embezzlements

Ahmed Ali Fayyaz

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Jammu, March 28: Comptroller and Auditor General of India’s report on performance of the State government departments and Public Sector Undertakings in Jammu and Kashmir, tabled in Legislature on Friday, has exploded a many myths of cleanliness, transparency and accountability during Omar Abdullah’s government in 2009-2013.

Accountant General Khalid Bin Jamal revealed at a news presence here on Saturday that the CAG report-2014 on the State government departments would be studied by Legislature’s Public Accounts Committee [PAC] and another one on PSUs by the Committee on Public Undertakings [COPU] and these two lawfully competent panels would in turn take up different flagged issues with the government departments and PSUs for necessary action. He clarified it was not directly CAG’s constitutional mandate to press the government for taking criminal cognizance of the fund embezzlements and other scandals investigated by the auditors. Nevertheless, AG’s office would see what role it could play in view of last year’s precedence when former Principal AG for J&K, Dr Subhash Chander Pandey, submitted a report on the infamous Roshni scam to the State’s Chief Vigilance Commissioner Kuldeep Khoda for criminal cognizance of the matters investigated.

CVC in turn referred these matters to Vigilance Commissioner Sheikh Owais Ahmad whose organisation held criminal investigations and filed FIR in at least 6 matters involving top ranking IAS and KAS officers. Contrary to the wide public perception that all the influential IAS and KAS officers, enjoying high level political and bureaucratic clout from Srinagar to New Delhi, had been either spared or taken off the hook under pressure, Vigilance Organisation has maintained in a PIL in J&K High Court that it was discharging its duty without fear or favour.

Mr Jamal revealed that during the process of scrutiny, auditors observed that the officials of the State Rural Development Department had swindled funds of the flagship scheme Mahatma Gandhi National Rural Employment Guarantee Scheme [MNREGA] in the investigated Sopore and Wagora and blocks. He said that the funds were found syphoned off the public exchequer through “fake bank accounts of the fake and non-existing job card holders”. The accounts were operating fraudulently in the local branches of a Bank without scrutiny under RBI’s ‘Know Your Customer’ guidelines.

FAKE BANK ACCOUNTS

In the sample cases taken up by the auditors, as many as 309 bank accounts were found “totally fake” in the name of “fake and non-existent job card holders”. Huge amount of Rs 40.24 lakh was found transferred to these fake accounts by RDD officials and finally withdrawn and swindled. Claims of over 27,000 man-days of work under MNREGA in these particular investigated cases were found “totally fudged”.

 “Instead of crediting wages directly into the bank accounts of the job card holders in BDO Sopore and Wagora in District Baramulla, the funds were released to the Panchayat Halqas through cheques for further disbursement to the workers by deposit in respective bank accounts during the period 2011-14. However, 309 bank accounts to which the Panchayat Secretaries/ Gram Sevaks claimed to have credited wages to the tune of Rs 35.52 lakh for 27,558 mandays of MNREGA works, were found to be non-existing in the Bank records. Also in the case of 55 bank accounts, no entries of credit/debit existed even though the Panchayat Halqa records showed that Rs 4.72 lakh had been credited into these bank accounts as payment of wages for 4,218 mandays”, says a para of the CAG report summary.

FIRE & EMERGENCY FRAUD

Mr Jamal said that a cashier of Fire & Emergency Services Department in Kulgam was found to have swindled an amount of Rs 18.89 lakh from the salaries of the officials. “This amount was fraudulently drawn on the monthly establishment bills during the period from March 2012 to November 2013 by inflating the totals in the bills. The access amount thus drawn was credited to the Bank account of the acting cashier (Rs 9.82 lakh) of the Command and to the Bank accounts of three non-existent / fictitious employees (Rs 7.07 lakh). The fate of balance amount of Rs two lakh could not be traced/ verified”, said the CAG report summary.

SICOP’S BANDERBAANT

The CAG auditors have observed that huge balance of Rs 556.10 crore of Jammu and Kashmir Small Industries Development Corporation Ltd [SICOP] appearing under Inter-unit Adjustment Account remained “unreconciled/un-adjusted ending March 14”.

It has been observed that land had been allotted to the entrepreneurs on the basis of favouritism and in gross violation of project restrictions under which only 2 to 4 kanals could be allotted to an individual unit.

According to the CAG report, SICOP’s executive committee has allotted “without discussion” 80 Kanals of land under Integrated Infrastructure Development [IDD] Scheme at Industrial Estate Govindsar, in Kathua district, to a single entrepreneur, M/S Jackson Ltd, while as 20 Kanals each have been allotted to M/S Vinay Corporation Ltd and M/S Fena Detergent Private Ltd besides more than 4-Kanal plots to 8 other entrepreneurs.

“It was seen in audit that contrary to DPR, one plot comprising 100 Kanals was allotted to a single entrepreneur, M/S Nicer Paper Mills, thereby defeating the very objective of the Scheme to promote MSME units”, says a paragraph in the CAG report. It has also documented how works worth crores of Rupees have been allotted to favoured individuals and firms in total violation of the procedure and Financial codes on pick-and-choose basis.

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When senior IAS officer dumped Minister’s note, asked JAKEDA to proceed with dubious procurement

·        CAG report exposes how officers failed Centre-sponsored solar power scheme in J&K

Ahmed Ali Fayyaz

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Jammu, March 27: The Comptroller and Auditor General of India’s report for the year 2014, on the functioning of the State government departments, which was tabled in both Houses of the State Legislature on Friday, has revealed how senior IAS officers treated Ministers of Omar Abdullah’s government with contempt and rendered the Centrally-sponsored solar power schemes defunct in Jammu and Kashmir.

The report has elaborated on how the supply orders worth crores of Rupees were split and allotted to handpicked firms in violation of codal procedures and Central Vigilance Commission [CVC] guidelines.

As per the JAKEDA rules, cheques to the order of Rs 10,000 to Rs one crore are jointly signed by Accounts Officer and Chief Executive Officer and those to the tune of over Rs one crore jointly by CEO and Commissioner/Secretary Science and Technology. Besides, different Financial Codes make it incumbent upon the government department to pre-disclose the distribution of the items to be procured in a similar quotation for different locations.

“It was, however, seen that the supply orders worth Rs 11.24 crore were split into 14 supply orders below Rs one crore each and placed (October 2009) to avoid signature of the competent authority. The Commissioner/Secretary stated (July 2014) that the programme was to be implemented in various districts of the State consisting of different blocks and as such, the supply order was split block-wise and cheques were prepared as per indent placed on DGS&D and the location wise distribution should have formed part of instructions appended with the supply order”, says a paragraph on the solar power scandal.

“The matter had come to the knowledge of the then Hon’ble Minister Science and Information Technology Department [Aga Syed Ruhullah] who while taking serious note of the matter  had ordered (November 2009) cancellation of the supply orders. However, no action was taken and the Agency [JAKEDA] went ahead with the procurement. The Commissioner/Secretary stated (July 2014) that the then Hon’ble Minister had not communicated any letter on the matter. The reply was not based on facts as the note dated 9^th November 2009 on the matter was marked to the then Principal Secretary of the Department”, adds the CAG report.

It has given details how thousands of Solar Home Lighting Systems [SHLS] were procured just 7 days before expiry of the rate contract at Rs 12,978 each even as the rates came down to Rs 12,500 just next week in October 2009. It has also detailed how supply orders were given to particular firms without ascertaining their turnover which should have been a minimum of Rs 50 crore.

While only Rs 750 was to be recovered from the beneficiaries for each SHLS and Rs 500 for a solar lantern, the CAG report has established that in many areas Rs 1,600 to Rs 3,000 was charged from each beneficiary. It has discovered how solar power units installed at different institutions, including hospitals, failed completely as the supplies were made in violation of the prescribed standards and the suppliers were not made to enforce different clauses of the Annual Maintenance Contract [AMC] drawn for 5 years.

“Various lacunae in the procurement process led to financial loss of Rs 117.81 lakh to the public exchequer, undue benefit to the suppliers and allotment of projects to ineligible contractors”, said the report.

The CAG report says that JAKEDA officials parked funds in deposit accounts in violation of the Financial code, resulting in loss of central assistance worth Rs 26.75 crore. As many as 14,692 approved SHLS units were not distributed among the beneficiaries. Simultaneously, 12,366 SHLS units, valued at Rs 14.45 crore, were distributed among unauthorised beneficiaries in unapproved or electrified villages.

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Mufti Govt. mulling Crime Branch probe into Rs 30 cr solar energy scam established by CAG

Minister Ruhullah cancelled supply order but J&KEDA officers still purchased solar lights worth Rs 11.24 crore from blacklisted firm

Ahmed Ali Fayyaz

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Jammu, March 26: The State Finance Ministry, now operating under Dr Haseeb Drabu, is understood to be considering Crime Branch investigation into the Rs 30 crore solar lights scandal involving top officials of the Jammu and Kashmir Energy Development Agency [J&KEDA].

Well-placed sources in Finance Department revealed to this writer on Thursday that over the last one year, auditors of the State Accountant General’s office have investigated a major embezzlement of the funds provided by the Centre for setting up solar light units in the villages not covered by the Power Development Department. It has been established during the investigation that almost all these units, installed with the financial support of the Union Ministry of New and Renewable Energy, have been provided to the people of the electrified villages on the recommendation of different politicians and officers.

Comptroller and Auditor General of India [CAG] has compiled a detailed report on this investigation which is likely to figure in the CAG report being tabled in both Houses of J&K Legislature here on Friday.

While the National Conference President and former Lok Sabha member from Central Kashmir, Dr Farooq Abdullah, headed the Union Ministry of New and Renewable Energy, NC’s Budgam MLA Aga Syed Ruhullah functioned as Cabinet Minister incharge Science and Technology in Omar Abdullah’s government in Jammu and Kashmir.

According to the sources, top J&KEDA officials in 2009 planned to place a major supply order for procurement of the solar lighting equipment with a blacklisted firm while bypassing Mr Ruhullah. Immediately after the Minister learned about it, he ordered cancellation of the supply order in November 2009. Still, in violation of all rules and norms, the J&KEDA officers proceeded with the scandal and purchased equipment worth Rs 11.24 crore from the same blacklisted firm. Tactfully, the supply order was broken into 13 different parts to escape notice of the Minister and others not involved in the fraudulent acquisition.

In addition to that, the J&KEDA officers placed similar supply orders with other beneficiary firms to the tune of Rs 16.92 crore in gross violation of terms and conditions of different quotations.

“CAG is understood to have established a fraud of Rs 28.16 crore. The new government is seriously considering handing over this case to the Crime Branch for a time-bound criminal investigation”, said a senior bureaucratic source. “But, let us wait and see what the CAG report says about this exercise”. “Possibly”, he said, “this investigation may be assigned to Crime Branch after a scrutiny by the Public Accounts Committee”.

Rs 1.75 crore to 3 private schools

Meanwhile, officials in the Ministry of School Education said that the AG auditors also carried out a thorough investigation into the financial assistance provided by the previous government to three private schools in Kashmir.

“We have been told that Rs 1.75 crore has been provided to the three private schools, one of them owned by the wife of a senior Congress leader and former Union Minister. It has been provided on political recommendations and in total violation of rules and norms. But, we don’t know whether the CAG report contains anything on it or not”, said an official.

Significantly, Mufti Mohammad Sayeed’s PDP-BJP coalition government has decided to table this year’s CAG report in Legislative Assembly and Legislative Council well ahead of the last day of the Budget session. Almost all previous governments had invariably retained the CAG reports for weeks between the Finance Ministry and Raj Bhawan and presented the same not before the last day of the Budget session, obviously to escape debate in the Legislature.

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Mufti government embarrassed over recommending 'retired ASP' as PSC member

◆Raj Bhawan returns panel with serious observations

 

Ahmed Ali Fayyaz
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JAMMU, March 25: In its first major goof up after taking over on March 1 in the Indian-administered Jammu & Kashmir, Mufti Mohammad Sayeed's PDP-BJP coaltion government has recommended a "retired additional Superintendent of Police" for the membership of the prestigious State Public Service Commission (PSC). It has been virtually turned down by Raj Bhawan which has raised serious questions over the way Mufti's government has laboured under favouritism in recommending members for the top Constitutional body.

Cabinet on March 15 had cleared six names to fill up some vacancies in the PSC which has become defunct after retirement of its Chairman and all the eight members in the last several years. Mufti's government had subsequently recommended six nominations to the Governor who is the competent authority to appoint Chairman and members for the autonomous body that makes selection of gazetted officers for the State government. While as the Chairman of PSC is by law equivalent to the rank and status of Chief Secretary, men and women of eminence in public service, not above 65 years of age, are normally appointed as members.

Currently Vice Chairman in J&K Lakes and Waterways Development Authority, Lateef-uz-Zamaan Deva, has been recomnended as Chairman. Sources said that Raj Bhawan, which had issued a special release of advice while rejecting the recommendations of Omar Abdullah government in December 2014, was not satisfied even with Mr Dev's nominations as being from 1984 batch of Kashmir Administrative Service (KAS), he is holding the rank of only a Secretary to government and is junior to dozens of senior IAS officers manning the higher positions of Commissioner-Secretary, Principal Secretary and Financial Commissioner.

Significantly, even a senior IAS officer of 1982 batch, Khursheed Ahmad Ganai, who is currently holding rank of FC (equivalent to Chief Secretary, has worked as additional Secretary in Union government and is due to retire later this year, failed to become PSC Chairman when Governor turned down Omar government's panel of nominees.

However, questions were not raised over Mr Deva's nomination by Mufti government as he has retained reputation of an upright officer and is known for honesty and integrity. Mr Deva has been inducted into IAS with effect from the year 2002.

Rishi Kumar Dogra, G.R. Bhagat, Prof. Mushtaq Wani, retired academic Indu Kilam and retired KAS officer Munshi Muzaffar Hussain have been recommended as members by the Mufti government.

Questioning the "due diligence" of the General Administration Department (GAD), which functions directly under the control of Chief Secretary and Chief Minister, Governor is said to have pointed out how even the junior officials with no significant contribution to public or civil service have also been recommended for appointment. Highly placed official sources revealed that the Governor's observation was based on a "heap of complaints" received by Raj Bhawan.

In some of the complaints, it has been highlighted that Rishi Kumar Dogra had joined the feeding stream of Kashmir Police Service as Dy SP in 1984 when he was in service as a teacher. He remained "absconding" for about 11 years when he was posted as Dy SP District Armed Reserve in Leh. His services were subsequently terminated by the government .

However, during Mufti's government in 2003, Mr Dogra surfaced with a submission and court order that he may be taken back into the government. With a break of 12 years in his service, he was allowed to join back and posted on a vacancy of Dy SP in Sher-e-Kashmir Police Academy Udhampur. Director of academy, Mr Masood Chowdhary, upon retirement and appointment as Vice Chancellor Baba Ghulam Shah Badshah University, got Mr Dogra on deputation as Officer on Special Duty in the University. He held office at the university's Jammu office at Sainik Colony. It has been pointed out by the complainants that Mr Dogra, who was neither "Professor" nor held a sensitive government position where his integrity could be at test, retired only as an additional SP.

It has been pointed out in one of the complaints that after his retirement as a junior rung State officer, G.R. Bhagat had publicly joined a political party. Photographs of the National Conference workers putting garlands on Mr Bhagat at Sher-e Kashmir Bhawan of Jammu, have been mailed to Raj Bhawan. However, Mr Bhagat is on record to have contradicted his joining any political party.

According to knowledgeable sources, to avoid further embarrassment, Government was likely to push only Mr Deva's nomination as Chairman. "A fresh panel is likely to be cleared by the Cabinet and submitted to Raj Bhawan", said a source who insisted that "extensive lobbying" was going on in favour of and against different individuals. Governor N.N. Vihra is understood to have made it clear that any nominations based merely on somebody's political or bureaucratic clout, would not be endorsed. "Parameters of merit, integrity, competence and public reputation, as laid down in different Supreme Court judgments and ordere in the last few years for such appointments, will be strictly adhered to", said a senior Raj Bhawan source.

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NC MLC disturbs Mufti’s Govt on non-existent “Disturbed Areas Act”

Ahmed Ali Fayyaz

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Jammu, March 24: The opposition National Conference member Dr Bashir Ahmad Veeri generated a high voltage drama in the Upper House of Legislature in the Indian-administered Jammu and Kashmir while floating a resolution---followed by an adjournment motion---on Tuesday for revocation of a law that has ceased to exist after October 1998.

The special law--- initially titled in Governor’s Rule in 1990 as “The Jammu and Kashmir Disturbed Areas Act, 1990 (Governor's Act No. 12 of 1990; in President’s Rule in 1992 as “The Jammu and Kashmir Disturbed Areas Act, 1992” and in Dr Farooq Abdullah’s civilian government in 1997 as “The Jammu and Kashmir Disturbed Areas Act, 1997---had given special powers to magistrates and officers of the armed branch of J&K Police for fighting militancy.

Being of temporary nature and subject to legislative review, the law expired on October 7, 1998, when Dr Abdullah’s government and following governments did not grant it’s enforcement any extension.

Veeri’s resolution, which was disallowed by Legislative Council Secretariat for being non-existent, read: “This august House resolves that in view of improving security environment in the State of Jammu and Kashmir, “Disturbed Areas Act” may be revoked with immediate effect in the larger interest of people of the State”.

Veeri pressed the matter in the House while bringing a motion, seeking adjournment of the Question Hour and a special debate on the laws that grant extraordinary powers and immunity against “any act done in good faith” by officers of Police and armed forces. Council officials said it was pending disposal with Chairman Amrit Malhotra whose is from Congress party and whose term would end on March 27.

With most of the people, including those in media, politics and bureaucracy, being little educated about the law, rejection of Veeri’s resolution generated a debate in different circles, particularly on television news channels. It was projected as if the PDP-BJP, headed by Chief Minister Mufti Mohammad Sayeed, was averse to a debate on the issue of special powers enjoyed by the armed forces. It forced the government to issue an official clarification in the evening, making it clear that the DAA had ceased to exist after October 7, 1998, and as such there could be no debate on its “revocation”.

The clarification has obviously put the NC MLC in an embarrassing situation. Not perhaps properly educated and prepared for a discussion on the subject, the MLC possibly wanted revocation of the two notifications, issued by Governor in 1990 and 2001, declaring entire State of J&K, excluding the Ladakh districts of Leh and Kargil, as “Disturbed Areas”, under Section 3 of a different law that granted special powers to the officers of the central armed forces fighting armed rebellion in the State.

The law related to the special powers of the military and paramilitary forces, including Air Force personnel engaged in counterinsurgency operations, was initially titled as the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.  It came into force on July 5, 1990, and was notified by Governor Girish Chander Saxena’s government on July 6, when Mufti Mohammad Sayeed was the Union Home Minister.

Section 3 of AFSPA authorises the Governor, but more significantly also the Central government, to declare any areas of the State as “Disturbed Areas) so as to grant special powers to the armed forces. The Governor’s notification was published under signature of Additional Chief Secretary (Home) J&K Government vide SRO NO. SW 4, Dated 6-7, 1990, in the State Gazette. It declared all six districts of Kashmir province---Srinagar, Budgam, Baramulla, Kupwara, Anantnag and Pulwama---besides areas falling in the 20 Km strip on the LoC in Jammu’s Poonch and Rajouri districts as “Disturbed Areas” and granted special powers to the central armed forces.

AFSPA-1990 received President’s assent on September 10, 1990. It was published by Legislative Department of the Union Ministry of Law and Justice in an extraordinary gazette of the Government of India on September 11, 1990.

The President issued a Proclamation on the 8th July 1990 under Article 356 of the Constitution of India, in relation to the State of Jammu and Kashmir declaring inter alias that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament. Parliament, under Article 357(1)(a) of the Constitution, conferred on the President, the powers of the Legislature of the State of Jammu and Kashmir to make the laws vide the Jammu and Kashmir State Legislature (Delegation of Powers) Act, 1992 (21 of 1992), as Governor had dissolved the State Assembly, following Chief Minister Farooq Abdullah’s resignation, in 1990. In 1992, Parliament ratified the Governor’s law as AFSPA-1992 in to-to.

When Dr Abdullah came back to power in 1996, his government left the AFSPA intact and the Governor’s “Disturbed Areas” notification, dated July 6, 1990, in force. It was never amended or repealed by the successive governments either.

On August 10, 2001, Governor, on the recommendation of Dr Abdullah’s Cabinet, declared all six districts of Jammu division---Jammu, Kathua, Poonch, Rajouri, Udhampur and Doda----as “Disturbed Areas” vide SRO 351. It was issued by Principal Secretary Home vide No: Home-219/97-ISA Dated 10.8.2001.

It is by virtue of these two notification, both issued under Section 3 of AFSPA, that Central armed force are enjoying extraordinary powers in Kashmir and Jammu provinces.

 Extraordinary powers under AFSPA

Under AFSPA, any commissioned or non-commissioned officer or warrant officer, is authorised

“(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of  things capable of being used as weapons or of firearms, ammunition or explosive substances;

(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which  armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilized as a hide-out by armed gangs or absconders wanted for any offence; 

(c) arrest, without warrant, any persons who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest; 

(d) enter and search, without warrant, any premises to make any such arrest as aforesaid or to recover any person believed to be wrongful restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawful kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances”.

Besides, no criminal proceedings can operate under any such officer as all of the officers’ acts during counterinsurgency conditions are deemed to have been done “in good faith”.

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J&K POLITICIANS’ AFSPA HYPOCRACY!

 

National Conference MLC Dr Bashir Ahmad Veeri today brought a resolution in Legislative Council seeking revocation of "Disturbed Area Act" in J&K. It was disallowed with the reply that the DAA has expired in 1998 and it does no more exist. It is a fact that Jammu and Kashmir Disturbed Areas Act 1992 [Act No: 4 0f 1992], which was originally titled and enforced as Jammu and Kashmir Disturbed Areas Act 1990 [Governor's Act No: 12 of 1990], and which gave special powers to Police and other forces not covered under J&K AFSPA 1990, has lapsed on 7-10-1998. Successive governments of Dr Farooq Abdullah, Mufti Sayeed, Ghulam Nabi Azad, Governor Vohra and Omar Abdullah have not extended this law after 1998.

However, it appears, the MLC actually wanted the notifications, under which J&K areas have been declared as "Disturbed" and brought under purview of J&K AFSPA 1990, to be repealed. For that purpose, the MLC should have specifically called for revocation of Governor's Notification No: SW: 4 Dated 6th July 1990 (which declared all 6 districts of Kashmir valley as also 20 Km strip along LoC in Poonch and Rajouri as "Disturbed Areas" under Section:3 of Jammu and Kashmir Armed Forces Special Powers Act 1990) and also revocation of Governor's Notification SRO: 351 Dated 10th August 2001 (which declared all six districts of Jammu division as "Disturbed Areas" under Section 3 of J&K AFSPA 1990). If such a resolution is brought and passed by Assembly, it will force the State Government to send the Notification of Revocation to Governor [under section 3 of J&K AFSPA 1990] who is then bound to revoke the said notifications. Once that is done, no armed forces in J&K can have any special powers.

Let it also be clear that AFSPA 1958, which is in force in some North Eastern States of India, has never been and will never be applicable/ in force in J&K State. That is a completely irrelevant law with regard to J&K.

However, the most significant point of AFSPA 1990, passed by Parliament and enforced by Union Home Ministry when Mufti Mohammad Sayeed was Union Home Minister, is that the Governor has wrongfully given the State's sovereign power in the hands of the Central Government. J&K AFSPA 1990 gives the power of declaring an area as "Disturbed" to Governor (who any way has to function under the advice of State Cabinet) as well as to GOVERNMENT OF INDIA. This encroachment of the State's sovereign jurisdiction, which has been shifted to New Delhi under the direction of then Home Minister Mufti Sayeed, needs to be amended. It needs simple majority in J&K Legislature. Since Mufti Sahab is now CM, he should himself initiate it alongwith revocation of the two Governor's notifications (under section 3 of J&K AFSPA) in which Central government has no power to resist____Ahmed Ali Fayyaz