Ban on main Moharram procession completes 21 years

Ashoora observed with Zuljanah, Alam processions in Kashmir

Ahmed Ali Fayyaz

SRINAGAR, Dec 17: Like in last 21 years of the separatist armed struggle, authorities did not allow the main Ashoora procession in this capital city on occasion of the 10^th of Moharram---anniversary of the martyrdom of Hazrat Imam Hussain and his associates at Karbala, in Iraq. However, scores of Alam, Tazia and Zuljanah processions were carried out as per tradition in downtown Srinagar and other Shia-dominated neighbourhoods all over Kashmir valley.

Pleading apprehensions of disruption from political elements, vested interests and those having no faith in the Moharram rituals, authorities did not issue permission to the main Ashoora procession that would have, in normal times, initiated at Abi Guzar in Civil Lines area and concluded late tonight at the historic Imambargah of Zadibal.

All J&K Shia Association of the influential Shia spiritual and political leader, Maulvi Iftikhar Hussain Abnsari (currently a Member of Legislative Assembly and senior leader of the principal opposition party, PDP) and Anjuman-e-Sharyee Shia’an of Budgam-based cleric-politician, Aga Syed Hassan (currently a senior leader of separatist Hurriyat Conference, Mirwaiz faction) are the license holders of the main Ashoora procession in Srinagar on a rotation arrangement worked out by then Chief Minister and National Conference founder Sheikh Mohammad Abdullah in 1977.

Authorities have not, however, issued permission to this procession since outbreak of armed insurgency in Kashmir, in 1989. Over 50,000 Shia mourners used to participate in the Valley’s largest attended Moharram procession while reciting, Nowha, Marsiya (elegies), practicing self-flagellation and many of them spilling their own blood on the streets while striking sharp-edged blades on their bodies. This form of street mourning, remembering the martyrs of Karbala and paying tributes to the martyred descendants of Prophet Mohammad by men of Shia community is still in practice in all other Moharram processions in Jammu and Kashmir, including the regions under Pakistan’s control.

Separatist leader and prominent Sunni Muslim clergyman, Mirwaiz Umar Farooq, has asked his religious followers to gather at an Ashoora congregation to be addressed him at Narwara in defiance of curfew and other restrictions today. Late last evening, Mirwaiz was picked up by Police from his Rajouri Kadal house, alongwith a number of his activists, and detained at his Nageen residence. Mirwaiz and most of his separatist colleagues were forced to stay indoors at their respective residences in different areas of the capital city. Hardliner Syed Ali Shah Geelani, who had called for post-afternoon prayer street protests, was similarly put under ‘house arrest’ at his Hyderpora house.

Late last night, authorities had imposed curfew in areas falling under the jurisdiction of seven Police Stations in Srinagar to prevent any attempt of taking out the main Ashoora procession from Abi Guzar. Heavy Police and CRPF bandobust today did not allow any civilian movement or attempt of assembling of men without a curfew pass. Reports said that in the evening, followers of Mirwaiz Umar clashed with Police and CRPF at Alam Sahab Narwara. Stone pelting, anti-India and pro-Azadi slogans and retaliation from the forces continued for about an hour.

Nevertheless, senior separatist leader and JKLF Chairman, Mohammad Yasin Malik, joined Shia mourners at an Ashoora congregation and rally at Zadibal. Reports said that Malik also addressed the gathering and spoke on significance of the Martyrdom of Karbala. Another separatist leader and President of Anjuman Sharyee Shia’an, Aga Syed Hassan, led a traditional Ashoora procession in Budgam.

In Srinagar, thousands of Shia Muslim mourners participated in the largest Zuljanah procession that came out from Gulshan Bagh, Lalbazar, and passed through different localities of the traditional route before culminating into Majlis-e-Shaam-e-Gareebaan at the revered Shia saint Mir Shamsuddin Araki’s shrine at Zadibal. Under the 1977 agreement, this year’s sponsorship of the main Ashoora procession lay with Aga Syed Hassan’s Anjuman-e-Sharyee Shia’an. Last year, this procession had been organized by Maulvi Iftikhar’s Shia Association.

In the forenoon, a relatively thinner Zuljanah procession---that is a post-1989 tradition but without any organisation’s leadership---came out from Sabeelgah Nawab Bagh and ended at Imambara Abul Fazal Abbas, in Baghwanpora area of Lalbazar. Its participants in the afternoon joined the main Zuljanah procession that was on way to Mir Shamsuddin Araki shrine (Zadibal) from Gulshan Bagh.

In rural Kashmir, the largest Zuljanah procession initiated as per a 400-year-old tradition from Imambara of Mirgund and ended at district headquarters of Budgam at around midnight. Thousands of the Shia mourners were still performing traditional Matam (mourning) under sub-zero temperature, with recitation of Nowha, self-flagellation and striking of blades on their bodies at 2330 hours when this report was filed. Officials said that temperature was minus 4 degree Celsius when the procession was about to disperse around midnight.

On occasion of Ashoora, scores of other Zuljanah, Alam and Tazia processions were carried out also in other Shia-population areas of nine of the ten districts in Valley. Shopian happens to be the only district with no Shia concentration.

Earlier, members of Shia community participated in nightlong Marsiya recitation congregations at local Imambaras all over the Valley last night. This evening, Shia clerics addressed Majlis-e-Shaam-e-Gareeban at the culmination of different Zuljanah processions.

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50 judicial courts headless but Minister’s Munsiff son working as HoD in Omar Govt

Kisse vakeel karein, kis se munsiffi chahein?

Ahmed Ali Fayyaz

SRINAGAR, Dec 16: Government of India’s interlocutors on the Kashmir problem are by now supposed to be richer in their understanding of the loss of faith of the Kashmiri youth in the Indian system and institutions. They may yet have to learn how even the institution of judiciary is being taken for granted by the executive here to promote individuals---sons and daughters of influential politicians and bureaucrats.

Minister of Agriculture Ghulam Hassan Mir’s son, Afroz Mir, was appointed as a Munsiff around the time PDP-Congress coalition took over in 2002. Within two years, men of consequence in Mufti Mohammad Sayeed’s government prevailed upon Afroz’s employer, J&K High Court, and got him on a brief deputation to the Civil Secretariat as Assistant Legal Remembrancer (ALR). Since ALR is a post of Under Secretary to Government, this change of service was like DGP’s deputation as Chief Secretary or Principal Chief Conservator of Forest (PCCF).

Within next year, Afroz was clandestinely elevated to the superior position of a Head of Department (HOD) in the Government of Jammu & Kashmir. Trampling rankers and contenders in the department, Afroz was appointed as Director Defence Labour Procurement (DLP), a position previously held by an IAS officer. All of this backdoor exercise, in breach of all rules, norms and codal procedures, happened when the no-nonsense and meticulously honest Muzaffar Hussain Baig was working as Minister incharge Law.

“I was morally weak in this matter and came under the influence of a fellow Minister (Afroz’s father, Hassan Mir). It was a blunder, something I should have never agreed to do”, Baig later admitted candidly in a television interview.

Then Chief Justice of J&K High Court, Bashir Ahmed Khan, took exception to the briefly deputed Munsiff’s far superior deputation and appointment as Director DLP without the knowledge and approval of the incumbent’s employer, J&K High Court. He called an explanation from Chief Secretary. It never came. The crisis was buried in a hush hush manner. Since 2004, Munsiff Afroz Mir has been firmly functioning as Director of a civil administration department in the state government.

Poor Kashmiri candidates, who cleared the state level competitive examination of the feeding services of Kashmir Administrative Service (KAS) through Public Service Commission in 1999, would not even dream of becoming HODs in the next 15 years. By the time they will be inducted formally into KAS and appointed subsequently as Additional Secretary to Government, their far junior competitor in the judicial service would have served four terms as Director and Deputy Commissioner and probably appointed as Principal Secretary of Law on the pattern of once temporarily engaged Munsiff, Akhtar Kochak. Now retired, Akhtar was the brother of Hassan Mir’s colleague in G M Shah cabinet and then Minister of Revenue, Ghulam Nabi Kochak. With the advantage of his age, Munsiff Afroz may one day retire as Chief Secretary of the State, without ever appearing in any competitive examination at the state or All India level.

Afroz Mir’s extraordinary qualification is nothing other than being the son of a mainstream politician who happens to be a past master in manipulative tactics. Known for his “New Delhi connections”, Mir played a key role in toppling Farooq Abdullah’s government in 1984. Chief Minister, G M Shah, inducted him as Minister of Law. State Vigilance Organisation proceeded against Mir in two matters of corruption and backdoor appointments and established the charges but, nearly 25 later, Omar Abdullah-led coalition government has refused sanction to his prosecution as he continuously happens to be a Minister in the Cabinet.

Hassan Mir is not the only Minister and Afroz Mir the only son of a Minister who has brazenly made a mockery of the Indian system of governance in J&K. The peculiarity in this matter is that even the judiciary---the only institution which has, to a great extent, preserved its credibility in the last 20 years of turmoil---has been taken for a ride by unaccountable politicians and bureaucrats. “Jeevay, Jeevay Hindustan!” is the satirical remark of a poor village boy, now 39 year old, who has a Ph D in Forestry and has been unsuccessfully in search of a class 4^th job since 1996.

According to authoritative sources in J&K High Court, Afroz Mir is enjoying his overstretched government deputation at a time when as many as 35 Munsiff courts are headless in Jammu & Kashmir. Remaining 45 are better placed as these are being manned by a judge but most of these judges have to simultaneously dispose work of the headless courts in their respective districts.

Munsiff Karnah holds court for 20 days at Karnah and 10 days a month at Kupwara. Until recently, he used to work for 10 days at Karnah, 17 days at Kupwara and 3 days at Sogam. Now, Munsiff Handwara is dividing his week between Handwara and Sogam. Identical is the situation with more than a dozen other Munsiff courts in Kashmir valley.

Law Commission recommendations are similarly observed in breach for want of judicial staff in around two dozen Munsiff courts in Jammu division. For example, Munsiff Poonch works for 3 days at Poonch and 3 days a week at Mendhar. Munsiff Thana Mandi divides the week between Thana Mandi and Koteranka and Munsiff Sundarbani works 3 days each at Sundarbani and Kalakote. CJM Rajouri is holding the additional charge of Munsiff Budhal.

Munsiff Kathua has a similar schedule between Kathua and Basohli. Munsiff Chinani holds 3 days of his court at Chinani and 3 days at Majalta. Munsiff Ramban has been holding 3 days of business at Ramban and 3 days of every week at Gool. Similarly, Munsiff Thathri is divided between Thathri and Gandoh, in Doda district.

While Munsiffs and Sub Judges/ Chief Judicial Magistrates are overburdened with additional charge of 35 unmanned Munsiff courts, as many as 16 substantive posts of District and Sessions Judges are also lying vacant for years in J&K.

“I have no comments on the deputation of Mr Afroz Mir. As regards the vacant posts of Munsiffs, High Court, with the help of PSC, has recently appointed around three dozen Munsiffs who are currently under training at Judicial Academy in Jammu”, said a High Court official, wishing anonymity. He said that the process of filling up of 16 posts of District and Sessions Judges was also underway and written examination was scheduled to begin from December 26^th.  He said that both the recruitment processes were being held first time in the last six or seven years

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 Coalition partners pulling in different directions

Hassan Mir projects ‘sex scam-tainted’ bureaucrat as CS; Mustafa Kamal, Sham Lal trade fire on key issues

Ahmed Ali Fayyaz

SRINAGAR, Dec 15: Attrition and acrimony between the ruling coalition partners, National Conference and Congress, does not seem to be as revealing as it was between PDP and Congress towards the completion of one-third of the previous coalition regime. At this stage, nobody can compare it to the day when Mufti called back a helicopter from Amarnath Cave and forced two of the Congress Ministers, Yogesh Sawhney and Gharu Ram, alongwith their wives, to spend the night there without shelter and security. Observers were sceptical about Mufti-Azad tie-up but most of them believed that PDP-Congress coalition would last for six full years. It did not.

A couple of days after Sham Lal’s diatribe against the “Kashmir-dominated dispensation” in Bani, Minister of Health shared stage with Chief Minister Omar Abdullah at a different place. Both ignored the political tremors generated by Sham’s controversial statement. Relationship between the coalition partners appeared to be equally undisturbed when Omar made a controversial statement with regard to the state’s accession to India in Legislative Assembly in Srinagar.

Much like PDP-Congress unanimity on failing the resolution in the Assembly in March 2006, NC-Congress have been monolithic in supporting safe passage to the Kashmiri militant recruits wishing to return home from Pakistan. But, there is no denying the fact that members of the composite ruling family are pulling in divergent directions.

Azad loyalist, Abdul Gani Vakil, left no stone unturned to berate Mufti and his PDP---even after becoming a Cabinet Minister in 2007---and Mufti’s henchmen burnt midnight oil from Srinagar to New Delhi to smear the politician they called “Delhi’s man in J&K”.  Notwithstanding their exchange of smiles at public functions, JKPCC chief, Saifuddin Soz, and the NC top brass have not been comfortable with each other from day one. This is not for nothing that Omar and Azad have imperceptibly joined hands to target their common enemy---Soz. Supporters of both in the coalition have been laying more stress on Soz’s presence at the dais in Bani than on Sham and his statement.

With the fissures widening, neutral partner Ghulam Hassan Mir has opportunistically thrown his favourite bureaucrat Iqbal Khanday’s hat in the ring to install him as the new Chief Secretary in Jammu & Kashmir. Without taking into confidence anybody among the principal coalition partners, Mir is understood to be pleading Khanday’s case and playing up his ‘Kashmiri Muslim’ card in Delhi inspite of the fact that his client is still a Principal Secretary and junior to four Financial Commissioners, namely Madhav Lal, Parvaiz Dewan (1977), Anil Goswami and Pankaj Jain (1978). Besides, the IAS contender is still an under-trial in a Chandigarh court in the infamous ‘Srinagar Sex Scam’ of 2006 and his conviction can not be ruled out.

Minister of Agriculture, Mir had earlier played key role in Khanday’s reinstatement and winning him a prize position---Principal Secretary Agriculture Production---in Omar Abdullah’s government. He is known as a “hardcore achiever” in everything----grabbing a berth in Cabinet, getting his men, howsoever corrupt and incompetent, on top positions of his portfolio, managing restoration of ‘dignity’ to the bureaucrats outcast by the government in place.

Sham could be played down as an aberration. He remained low-key on his brother Madan Lal Sharma’s left over term of four years in the previous Assembly. He never landed into a controversy on account of his working or statements since he was inducted as a Minister in January 2009, though most of his subordinate officers crossed all limits in corruption and poor performance.

Left out of the Cabinet, Mustafa has been indiscriminately firing salvos not only on Pakistan and the Hurriyat hawk, Syed Ali Shah Geelani, but also on Congress party, Jawahar Lal Nehru, Indira Gandi and New Delhi. But, they are not the two-odd enfant terribles in the ruling coalition. JKPCC chief himself is credited with the creation of turbulence in 2009 when he triggered off the flare-up of “rape-cum-murder” while announcing on day one that he would take up the matter with the Prime Minister.

Even the Mr Clean from Leh and the most sensible in Congress, Rigzin Jora did arrogantly assail not only NC and its founder, Sheikh Mohammad Abdullah, but also his Chief Minister, Omar Abdullah, while replying a question regarding the ‘poor’ promotion of Urdu language in J&K in Legislative Council in March this year. He has made no secret of his hatred for NC and the Sheikh dynasty. It looks an irony that G M Saroori, known for his praise and respect for Omar, even after falling from the grace, has reduced to be the only well wisher of the Chief Minister in the Congress camp after Taj Mohiuddin.

Coalition’s independent partners, Charanjit Singh (Kathua) and Tsetan Namgyal (Nobra) have not been expressive in airing out their anger and fate of the promises made to them earlier last year but Engineer Rasheed (Langet) has been publicly calling Omar Abdullah’s coalition as “the most incompetent and irresponsive government”. In utter frustration, he has been openly calling J&K a “disputed state” and delivering his own charity trust’s relief cheques at the residences of Hizbul Mujahideen militants dying in encounters with security forces.

CPI (M) State Secretary, Mohammad Yousuf Tarigami, as well as PDF Chairman, Hakeem Yasin, have also been playing the role of opposition with a minor difference that Tarigami treats Omar’s dispensation as a “lesser evil”.

Omar appeared to be firmly rooted in AICC (read Sonia Gandhi’s home) all through the 2010 turmoil but the fact remains that New Delhi has the history of not changing generals during war. Once the stability is fully back in Kashmir, he could find his coalition partners playing up the “governance deficit” that the Cabinet Committee on Security Affairs has meaningfully not withdrawn.

END

Grenade blasts greet Omar during Pulwama meeting

2 personnel, 9 civilians injured in two militant attacks on CRPF

Ahmed Ali Fayyaz

SRINAGAR, Dec 14: On day two of the review meetings of District Development Boards in the Valley, militants today attacked security forces and left 11 persons wounded in Pulwama when Chief Minister, Omar Abdullah, and two of his Cabinet colleagues were present at the South Kashmir district headquarters.

Informed sources in South Kashmir told Early Times that Chief Minister, Omar Abdullah, was presiding over the District Development Board review meeting at Pulwama when suspected militants hurled a hand grenade on a CRPF bunker between Rajpora Chowk and Bus Stand at 1455 hours today. The blast occurred on the main Srinagar-Pulwama-Shopian Road at a spot that had crowded markets around. The district headquarters was bustling with business and activity when the explosion occurred and caused a stampede.

Men of CRPF 182 Bn, who were the target, did not open fire, even as at least two suspects were spotted mingling into a fleeing crowd and escaping from the spot.

Half-a-mile away, Chief Minister, two of his Cabinet colleagues, namely Sakeena Itoo and Aga Ruhullah, and Political Advisor, Devender Singh Rana, were taking a meeting with district and divisional level officials and legislators to review the progress achieved on implementation of the annual action plan in Pulwama and Shopian districts. With the exception of MLA Wachi and their party President, Mehbooba Mufti, all of the opposition PDP MLAs were present in the meeting alongwith NC’s MLC, Showkat Hussain Ganai, Congress MLC, Bashir Ahmed Magray and VC of Gujjar & Bakerwal Advisory Board, Bashir Ahmed Naz.

Divisional Commissioner of Kashmir, Asgar Hassan Samoon, IGP Kashmir, S M Sahai, DC Pulwama, Mohammad Afzal, DC Shopian, Mohammad Sharief Sood, and all district level officers of Pulwama and Shopian, were present in the meeting amid tight security arrangements.

Sources said that the blast occurred inspite of checking of many vehicles and frisking of Pheran-clad youth by Police and paramilitary forces.

SP Pulwama, Abdul Razaq, who rushed to the spot and restored order in 15 minutes of the explosion, told Early Times that two CRPF personnel and five civilian pedestrians sustained multiple splinter injuries. They were all rushed to hospital for medical treatment. Later, one of the injured was referred to Bone & Joint Hospital, Barzulla, Srinagar. Others were reportedly discharged by late tonight.

A Police spokesman this evening said: “Militants in the afternoon today hurled a grenade on a security forces mobile bunker in the Rajpora Chowk-Pulwama. As per the initial reports two security forces personnel identified as Head constable Anil Kumar and Constable Manoj Kumar of 182 Battallion Central Reserve Police Force, and five civilians, identified as Zubaida W/o Saif-u-din R/o Daramdar, Pulwama, Pervaiz Ahmad S/o Ghulam Mohammad R/o Srinagar, Mehraj-din S/o Ghulam Nabi R/o Payeen Pulwama, Mohammad Shafiq S/o Ghulam Mohammad R/o Bemina and Mohammad Yousuf S/o Abdullah Mir R/o Maspuna, Pulwama, suffered injuries. Later, one of the injured civilians, namely Mohammad Yousuf Mir S/o Abdullah Mir was referred to Bones and Joints Hospital Srinagar for further treatment”.

Eyewitnesses from the spot said that a Maruti car also suffered extensive damage under the impact of the blast.

Sources said that suspected militants lobbed another hand grenade on a CRPF bunker near Forest Check Post at Kakpora at 1710 hours this evening when Chief Minister’s cavalcade, followed by cavalcades of Ministers and officials, were returning to the summer capital. Even as Chief Minister flew from Jammu to Pulwama in a helicopter, he had later decided to travel by road from Pulwama to Srinagar. Sources said that the blast at Kakpora occurred minutes after the CM’s and other official cavalcades zipped past the spot on Srinagar-Pulwama-Shopian Road.

Official, as well as unofficial, sources maintained that two civilian pedestrians sustained injuries in the blast at Kakpora. They were evacuated and rushed to hospital. Both were reportedly stable late tonight.

It was after months of stone pelting and street demonstrations that militants in South Kashmir surfaced with grenade attacks on CRPF, that too during CM’s presence and movement in Pulwama.

CURFEW IMPOSED

Meanwhile, authorities tonight announced to have imposed curfew in areas falling under five Police Stations---Ram Munshi Bagh, Kothibagh, Maisuma, Kralkhud and Shaheed Gunj---to fail attempts of religious and political groups to take out the traditional 8^th Moharram Alam procession, from Shaheed Gunj to Dalgate on Wednesday, in defiance of prohibitory orders.

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Governor, Speaker shut eyes to CM’s Advisor

Axe falls on PB’s CEO in Delhi; Masoodi, Mubarak are holy cows in J&K

Ahmed Ali Fayyaz

JAMMU, Dec 11: One of the country’s most influential bureaucrats, CEO of Prasar Bharti Broadcasting Corporation B S Lalli, is being fired on Monday for his indulgence in corruption. Over a dozen others, allegedly involved in some lately exposed scandals, have been already sacrificed for the sake of credibility of the democratic system and institutions. Powerful politicians, from Shashi Tharoor to Ashok Chavan to A Raja, have been laid on the altar. But officials like Lalli’s protégé and Director of Doordarshan Kendra Srinagar, Dr Rafeeq Masoodi, and Chief Minister’s Advisor, Mubarak Gul, can comfortably escape with their escapades in the “special status state” of Jammu & Kashmir as long as they are favourites of politicians like Ghulam Nabi Azad and Omar Abdullah.

Masoodi would have been handcuffed and jailed in any other Indian state for repeatedly playing patriotic songs on six Independence and Republic days in the last three years and making fresh payments each time to the Jammu-based producer D Kohli who, in turn, facilitated purchase of palatial houses for two senior officials of DDK Srinagar in Jammu. That, anyway, is just tip of an ice burg of the loot-and-scoot by Lalli’s men in Srinagar in the last three years.

In any other Indian state, (exceptions like Karnataka, apart), Gul would have been removed like a fly from the milk, no matter Chief Minister or Advisor to Chief Minister, on account of his breaching sanctity of the institution of Legislature. With or without a motion in the House, acclaimed custodians of the Constitution, like Governor Narender Nath Vohra, and Speaker, Mohammad Akbar Lone, would have asserted without caring for the good humour of Chief Minister. Judiciary would have made an intervention and the Bar would have filed a PIL.

But, strife-ravaged Jammu & Kashmir has immunity for the individuals who have been making their own fortunes in the name of fighting an invasion from across the border. Here the Election Commission of India does not move beyond filing an FIR when President of the ruling party barges into a polling station alongwith 16 armed guards and prevents bona fide voters from exercise franchise. Judiciary and custodians of Constitution ignore scandals by refusing to take suo motto cognizance. Central Bureau of Investigation, Central Vigilance Organisation, State Vigilance Organisation and Central Information Commission are on oath not to act. Much hyped State Accountability Commission and State Information Commission exist only on papers in the “national interest”. Comptroller and Auditor General (CAG) of India is Mr Nobody.

Who then would care for the scandals unearthed by the poor fourth estate?

Minister Natwar Singh was forced to end his political career when it became known that his son’s firm had attempted to get a petroleum contract in Iraq---then reeling under UN sanctions. Our own Mubarak Gul argues that he had just got himself empanelled as a “freelance producer” (private contractor), just appeared in the interview before DD’s Evaluation Committee, just got a drama serial of eight episodes allotted in favour of his business firm, Gulistan Productions, just submitted a script, but not signed any contract, not drawn any money and not executed the contract! By this argument, Section 307 (attempt to murder) should have dropped from Indian Penal Code.

If well placed sources in Mandi House are to be believed, Gul had managed to grab a project in DD Kashir commissioning even 10 years ago---that time in the name of his wife. He, however, appeared himself as Producer and Director of the serial before the Evaluation Committee and later put his own signatures wherever his spouse was supposed to put a thumb impression or signature. That time also (1996-2002) he was NC’s MLA from Iddgah.

During his young master Omar Abdullah’s times, Gul has excelled. He not only managed to grab a Dogri drama serial in the name of his son Younis Gul’s firm, Himalayan Communications, but also another for his own business firm, Gulistan Productions. As already reported, Younis Gul sought and got the government contract when he was working as NC’s elected and paid Councilor in Srinagar Municipal Corporation. DD Kashir’s Director, Ananya Banerjee, who, as DD’s PIO, has declared both Mubarak Gul and Younis Gul ineligible in her reply to the RTI petition (see box), has now allotted the frozen project to the junior Gul in her capacity as Director of DD Kashir. Shooting is currently underway in Jammu.

Advocate Sheikh Shakeel’s RTI petition, duly replied by DD, makes it unambiguously clear that Mr Mubarak Gul responded to DD Kashir notification for Empanelment of private producers, dated 30-11-2007, when he was NC’s MLA of Iddgah. He held the same constitutional position and status when he submitted his application in December 2007, when he was empanelled as “Private Producer” (contractor) on 1-7-2008, when he submitted his detailed proposal of the serial in February 2009 and when he appeared for an interview before DD’s Evaluation Committee on 23-06-2009.

MLA Gul had been further appointed as Advisor to J&K Chief Minister and held the superior status of a Cabinet Minister when his serial was approved by DD Kashir in September 2009. Holding the same status, he even submitted his script for the serial in the month of October 2009. However, his project was withdrawn and that of his son frozen, pending inquiry, when DD learned that the duo had suppressed information about their father-son relation and political status (Councilor and MLA) in their affidavits.

Chief Minister, Omar Abdullah, is unlikely to act--- obviously for fear of losing a resultant by-election in the summer capital. Sheikh Shakeel’s RTI revelations from Mandi House would, however, test the Governor’s and the Speaker’s conscience.

END

Mubarak Gul suppressed information; never revealed being MLA, CM’s Advisor: DD

DD Kashir withdrew Advisor’s allotment after ET expose but months later allotted frozen project to his son

Ahmed Ali Fayyaz

JAMMU, Dec 10: Scandalously operating Kashir Channel of Doordarshan has finally made it public that the ruling National Conference MLA from Iddgah and Chief Minister Omar Abdullah’s Advisor, Mubarak Gul, as well as his son and NC’s Councilor in Srinagar Municipal Corporation (SMC), Younis Gul, had suppressed vital information with regard to their relation, political credentials and being public representatives while seeking contracts worth Rs 48 Lakh from the Government of India subsidiary in 2007-09 period.

In March this year, Chief Minister Omar Abdullah’s Advisor, Mubarak Gul, was visibly high spirited. He was heard telling everybody around that no amount of media exposure to his fraudulently secured DD Kashir project would affect his trade with the Government of India organisation. His confidence, according to sources, stemmed from the fact that Principal Secretary to Chief Minister, Khursheed Ahmed Ganai, would manage to get the certificate of innocence in his favour from Mandi House. Gul’s sympathisers took pride in the fact that, DD’s Director General, Aruna Sharma, according to them, was Ganai’s IAS colleague and friend since early 1980s.

Panic gripped Civil Secretariat and Legislative Assembly, that was in session, when prominent television news channels of the country began picking up the Early Times series and playing Gul’s escapades. With the expert advice from Law Secretary and Advocate General, Ganai drafted a brief questionnaire and succeeded in getting desired replies from DD Kashir Senior Director, Ananya Banerjee. Director DDK Srinagar, Dr Rafeeq Masoodi, is said to have played key role in getting the much needed “clarification” from Mandi House and thus misleading Chief Minister, Omar Abdullah.

On March 4^th, Mr Omar Abdullah was in New Delhi but all the CM’s men misled Legislative Assembly with Banerjee’s “clarification” in favour of the MLA holding the rank of a Cabinet Minister and functioning as NC’s Chief Whip in the House. Now, the same official, namely Ananya Banerjee, has revealed in her reply to Jammu-based advocate Sheikh Shakeel’s RTI petition that both, Mr Gul as well as his son, Younis Gul, had suppressed vital information in their affidavits and bagged two drama serials, worth Rs 48 Lakh, in violation of norms and guidelines of DD Kashir commissioning.

Ms Banerjee, who also happens to be DD Kashir’s PIO for RTI matters, has asserted in her replies that DD for the first time learnt about Mubarak Gul’s and Younis Gul’s father-son relationship and their membership of J&K Legislative Assembly/ Srinagar Municipal Corporation only when their allotments were challenged and these facts were highlighted in a writ petition in J&K High Court last year.

Guidelines of DD Kashir commissioning process of 2007-09, as still available on DD’s official website, make it clear that programmes could be allotted to bona fide producers but “NOT MORE THAN ONE MEMBER IN A FAMILY”.

In reply to Question Nos: 13, 15, 16 and 17, Banerjee confirms that DD Kashir programmes could not be commissioned to two dependent members of a particular family. She says: “At the time of presentation, DD authorities were not in know of the fact that Shri Mubarak Gul and Younis are dependent members of the same family”. She adds:  “The question of relaxing guidelines does not arise”. She makes it clear that Mubarak and Younis have suppressed the information of their relation in their affidavits.

“DD normally goes by the declaration in the affidavit. As per guidelines, dependent members of the same family are not eligible to submit more than one proposal. It is worth mentioning that dependent members include wife, unmarried sons/daughters”, Banerjee makes clear.

According to Ms Banerjee, Mr Mubarak Gul’s approved and allotted Kashmiri drama serial “Azla Lone” (8 episodes at Rs 3 Lakh each) was canceled and withdrawn after it became known that Mubarak and Younis were members of one family and both had served as MLA/Councilor respectively when they submitted their applications for empanelment in December 2007, when they were interviewed by DD’s Evaluation Committee in June-August 2009, when they submitted their programme proposals and when their proposals were approved for commissioning later in 2009.

Surprisingly, ever after her replies to the RTI petition in June 2010, Banerjee, as Sr Director of DD Kashir, has issued allotment of an 8-episode Dogri drama serial, titled “Alhar Golli Vir Sepoy” (at the rate of Rs 3 Lakh each episode) in favour of Mubarak Gul’s son, Younis Gul, whose guilt, according to her own replies to the RTI petition, was no different from that of his father.

[To be continued…]

Bureaucrats misled Omar on Gul’s DD fraud

Principal Secretary managed favourable answers from Mandi House; RTI now exposes how MLAs, Councilors are barred in DD commissioning

Ahmed Ali Fayyaz

JAMMU, Dec 9: When Early Times published a series in March this year to unravel how politicians and bureaucrats were looting taxpayers’ money under the smokescreen of militancy in Jammu & Kashmir---most brazenly in Doordarshan’s Kashir Channel (DD Kashir)---Chief Minister’s Secretariat lost no time to establish that there was nothing wrong in Mr Mubarak Gul’s act of seeking two projects worth Rs 48 Lakh, one each for himself and his son.

CM’s Secretariat managed to get desired answers from Mandi House to its questions craftily drafted by then Principal Secretary to CM, Khursheed Ahmed Ganai. It also extorted a ruling in Mr Gul’s favour from Department of Law in Civil Secretariat and Advocate General.

NC’s MLA, Mubarak Gul, who also happens to be Advisor to Chief Minister and the principal ruling party’s Chief Whip, got up in Legislative Assembly to read out the certificate of his innocence that had been obtained overnight from Sr Director of DD Kashir, Ananya Banerjee. His fellow Advisor to CM, Devender Singh Rana, hurriedly organized a news conference to declare that Legislators and Councilors were entitled by law to appear in all competitions in Government of India’s subsidiaries like Doordarshan.

Jammu-based RTI activist and prominent lawyer, advocate Sheikh Shakeel Ahmed, however, has got a completely different answer to the same question from the same DD official, Ananya Banerjee, when he filed an application under the central Right To Information Act 2005 before Directorate General of Doordarshan on 27-04-2010. Ms Banerjee was not only the head of the DD panel that conducted the controversial DD Kashir commissioning process in 2007-09 but also designated Public Information Officer (PIO) for DD Kashir.

Advocate Shakeel drafted a questionnaire of 21 specific questions to get it officially cleared whether the NC’s MLA, Mubarak Gul, and his son, Younis Gul, who was NC’s elected Councilor in Srinagar Municipal Corporation (SMC), had committed any misconduct by way of their appearing in a government competition and subsequently getting DD Kashir’s projects worth Rs 48 Lakh allotted to their proprietary firms, Gulistan Productions and Himalayan Communications.

Advocate Shakeel’s Question No 20 was:

Whether public men (Members of Panchayats and Local Bodies, Members of Legislative Assemblies and Councils, Members of Lok Sabha, Members of Rajya Sabha), elected through a democratic process conducted/ supervised/ regulated by Election Commission of India, who take honorarium/ monthly salaries and other perks, are eligible to compete in the commissioning process of Doordarshan as private producers/proprietors of their business firms, and, thus entitled to do trade with Doordarshan, an organization of Prasar Bharti Broadcasting Corporation of India?

a) If yes, can these public men participate in such competition to be held by DD in future?

b) if no, what action has DD initiated against Mr. Mubarak Gul who happened to be MLA from Assembly segment Iddgah,  Srinagar, for the term November 2002 to November 2008 and November 2008 to November 2014, and his son Mr. Younis Gul, who happens to be an elected corporator from Islamyarbal (Maharaj Ganj Ward) in Srinagar Municipal Corporation for the term February 2005 to February 2010 ?

Ananya Banerjee’s answer was a bold “NO” to part ‘a’ of the question---clearly a huge embarrassment for J&K Chief Minister and his aides. Her answer to part ‘b’ : “The empanelment of Sh Mubarak Gul has been withdrawn and his proposal stands canceled as per guidelines”. Nevertheless, she intriguingly remained silent about Mubarak Gul’s son, Younis Gul, whose membership in SMC and simultaneous contract from Doordarshan were clearly in question.

Answers to the questionnaire under RTI Act 2005 made it abundantly clear that no public representatives, nominated or elected, holding the membership of any Panchayat or Municipal body, Legislative Assembly, Legislative Council, Lok Sabha or Rajya Sabha, were entitled to participation in any competition for seeking a contract from any Government, semi-government or autonomous organization.

While such an activity is known as trade of a public man with the government---not allowed in any state government and Government of India---it invariably tentamounts to misconduct and disqualification of membership in legislative bodies.

The only advantage for the delinquent in Jammu & Kashmir is that it is a “state of special status” where media is dismissed as nuisance, judiciary does not take suo moto notices, accountability organs---State Information Commission, State Vigilance Organisation and State Accountability Commission--- are either defunct or dysfunctional, and custodians of Constitution and law, from Presiding Officers of Legislature to His Excellency Governor, appear to be programmed to act as mute spectators.

Sequence of developments makes it clear that even after hullabaloo over the NC MLA’s and the Councilor’s fraudulent act of grabbing DD Kashir projects in J&K Assembly and national media in March this year, DD has canceled only the senior Gul’s empanelment and approval of his 8-episode Kashmiri drama serial titled ‘Azla Lon’. It opted silence for several months and has now surreptitiously released allotment of 8-episode Dogri drama serial “Allhar Golli Vir Sepoy” in favour of the junior Gul’s business firm, Himalayan Communications, with approved budget of Rs 24 Lakh.

As Younis Gul is completely illiterate in Dogri language and literature, he has sublet the production to a Jammu-based producer. Scores of contenders, who have long track record in filmmaking and Dogri fiction, have been rendered jobless by DD that wanted to oblige a Kashmiri politician’s green hand son. This is called the importance of being J&K Chief Minister’s Advisor.

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