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Online Edition | JUNE 15 2008 | Editor-in-chief: Ranbir Manhas | Established in 1996 |
JAMMU AND KASHMIR
Was Hushyar Singh and his wife
Killed by Agencies?
BY ADEETI VERMA
Confession of a CM
Plebiscite out of question in Kashmir
Was Hushyar Singh and his wife
Killed by Agencies?
BY ADEETI VERMA
Security forces posing for a photograph with killed Militants at
Samba. and Hushyar Singh and His wife.
 |
Some people were killed by militants who had sneaked into Indian side of International border near Samba in Jammu on May 11, 2008. |
What the exact number of the terrorists had been is still
shrouded in mystery, but if the combat dresses recovered from an
accomplice are any indication their number could be twenty out
of which three were killed during the encounter that lasted for
more than two days. Among those who lost their lives include
social worker and a prominent progressive leader, Hushyar Singh
whose ideology of making confederation of India and Pakistan has
already earned acclaim. According to his party, IDP, the
division of the country in 1947 had been the cause of
innumerable miseries to the people of both the countries of
which the only remedy was a confederation that could bring
lasting peace in the region. But this is not the subject of this
story my subject is that he was killed along with his wife in
their house by the terrorists who had entered it in Army
disguise. There is no eye witness to the gory incident, but
logically speaking they would not have been killed had they
compromised with the intruders, which they could do easily as
has been happening everywhere. I know that in mountains
militants enter houses even belonging to Hindus, take meals
there and leave after taking a nap and the inmates keep guarding
them from the security forces lest they fall victim to the
militant’s wrath. This is a human weakness and those who try to
swim against the current drown.
Hushyar Singh and his wife must have challenged the militants and tried to raise alarm compelling the unwanted guests to silence them. Mr. Singh and his wife this way demonstrated great sense of patriotism even by losing their life placing them in the list of supreme martyrs it is another thing though that different stories are being published about the encounter some even putting the role of agencies under scanner. It has been made to believe that being a ‘sympathizer’ of separatists, Hushyar Singh was eliminated by agencies, but this story has a big flaw. Had the reason behind the killing of Hushyar Singh and his wife been his links with Hurriyat then Ved Bhasin should have been the first target of agencies who pulls up security forces for human rights violations thereby making others believe that he is the unofficial spokesman of Hurriyat! “Great democrat, Abraham Lincoln said, “My critic is my best friend because he points out my weaknesses and provide me a chance to rectify them.” If journalists like Bhasin are seen in that perspective, they are real friends than those hiding the facts to appease authorities. Even if he is considered as an antinational then he should have been the first to be targeted by agencies and not Mr. Hushyar Singh and his innocent wife who were not as vocal human rightists as Ved Bhasin and his newspaper has been
Another weak link in the story is that some morning walkers had
asked the militants (in combat dress) as to who they were and
where they were going. Samba is a cantonment area where movement
of troops is a routine matter. In such case why should anybody
ask the ‘army jawans’ about their identity? One thing however
can be true that the militants might have asked someone about
the house of Mr. Hushyar Singh, but this again cannot be
necessarily to assassinate him and his family for no plausible
reason. The house of Hushyar Singh is located close to the
cantonment area. It could be that the militants wanted to use
his house as a launching pad believing that being a well wisher
of separatists he would not resist. Since militants were in a
large number only three of them went to the house for raking the
area. But Mr. Singh resisted and tried to raise alarm and was
silenced consequently. Possibly, seeing their plan failing the
militants might have lost temper and tried to kill all inmates
out of rage.
Amidst confusing reports being projected in media it becomes
difficult to analyze as to what the motive of militants could
be, but one thing is certain that at a time when ceasefire on
the International borders was being violated and when a loud
noise was created at Jaipur killing of individuals like Singh
family couldn’t be the motive of the militants. They must have
been for a bigger thing and what they did was nothing, but due
to frustration. In this backdrop Army’s assertions that the
target of militants was their family Quarters sounds plausible
and not that the terrorists had sneaked into Indian side of the
border to kill lesser known mortals or it was a plan of agencies
to eliminate them for being human right activists and well
wishers of Hurriyat Conference.
Hypocritical Homage
During the infamous encounter between terrorists and the
security forces some innocent lives were lost in Samba. Among
them happened to be Ashok Sodhi, a lens man of a renowned local
newspaper. Earlier also at least nine reporters had become
victim of cross firing, but never ever had any scribe been paid
such a glowing tribute as was given to Mr. Sodhi. Hundreds of
obituaries appeared in different news papers issued by various
individuals, organizations and institutions. His house was
visited not only by leading journalists, but even the Chief
Minister went all the way to console his dependents. Message
after message of condolence was received by his family and among
them was one sent by the Union Defence Minister. In addition to
routine ex-gratia relief that every victim of militancy is given
by the government, many individuals and organizations came
forward to help the family of this victim of violence
financially. The gesture was appreciable and needless to say Mr.
Sodhi deserved it. But the question is whether other nine
scribes who had lost their lives while performing similar job
were also given similar treatment after their death? The answer
is in negative! The
proposition is clear that had Mr. Sodhi not been associated with
the particular news paper he would also have been given as raw
deal as his other fellow journalists had received and this is
hypocrisy. Obviously, it was not Mr. Sodhi, but his organization
that was in the mind of all while paying him tribute. The trend
is dangerous and discouraging that can prove counter productive.
Mr. Sodhi had gone to Samba along with so many other colleagues
to perform a duty that their employers had assigned to them.
They had not gone to the site of the encounter with the aim to
fight the terrorists. But I know people who challenged
terrorists and fought them well aware that this could cost them
their lives. That is patriotism and sacrifice in true sense of
the terms. And I also know that their sacrifice for peace and
the nation was conveniently forgotten as if not martyrs, but
cattle had died. Take for example the encounter at village
Sartangal in Bhadarwah where an attack by over forty armed
militants was repulsed by youth of the village by fighting them
with their licensed guns for whole night of November 1992 and
showing path even to the soldiers who would give safe passage to
militants to avoid encounter. The encounter was historical to
the extent that it gave the message that militants too were made
up of flesh and bones and could be challenged with a little
courage. Even those who later on surrendered admitted that the
Sartangal encounter had changed the complexion of militancy and
made civilians brave enough to meet the militants. But instead
of giving them awards, commendations or showering praises in
their valor the brave boys of Sartangal were dubbed as Shiv
Saniks despite the fact that the village happened to be the home
of progressive Congress men having proven secular credentials.
As far financial assistance even their due ex-gratia was not
released and this was done only to demoralize those fighting
terrorists. This time, thank God people arose to the occasion
and paid befitting tribute to the martyrs, but the trend should
continue and all martyrs should be treated at par
notwithstanding their region, religion, profession or position
and only then any tribute would be a real tribute and not
hypocrisy.
Confession of a CM
He
realizes the
blunder, but only after the damage is done. During past two and
a half year Azad must have learnt many things, but stepping back
at this crucial time might prove suicidal.
BY RAMNEEK MANHAS
Chief Minister of Jammu and Kashmir, Ghulam Nabi Azad has boldly
confessed that his crusade against corruption had failed. Though
he has not mentioned any reasons for his failure his obvious
reference was against his own ministerial colleagues and party
men who are in hand and gloves with those involved in cases of
corruption. Even saying that his own men are an integral part of
the nefarious nexus wouldn’t be wrong. His adversaries claim
that Azad had been playing gimmick by raising a revolt against
the corrupt, but the fact is that he was sincere in his ventures
and he tried to do whatever possible he could do to crush the
head of the dragon. It was his sincerity that he enacted a law
whereby the illegally amassed assets of officials and
politicians could be confiscated and eventually this was the
first state to have enacted this law. This is also a fact that
his crusade did not confine itself to Patwaris and VLWs alone,
but a good number of Engineers, revenue officers and Food supply
officers have been rounded up and they are facing trial in the
competent court of law. Despite this he failed and this he
admits without mincing words. Confession of failure is a sign of
high moral values, but probing the reasons behind the failures
would be a courageous act that could provide the posterity to
learn lesson from.
When Azad came to the State, he had no slogan to match the
emotional slogans of his coalition partners and other opposition
parties. At this time by terming corruption more dangerous than
militancy he attracted attention and applause. At this stage
some overenthusiastic friends dished out suggestions so that his
holy crusade did not fail. An elderly sympathizer visualizing
that the cancer of corruption had spread in whole of the body
politics, advised the CM to go for a blind fold surgery. His
contention was that even those close to him were corrupt and to
get the atmosphere clean he should first get rid of them. An old
friend of him did not remain behind, too. He suggested that
fighting the dragon of corruption individually was not possible
so before going ahead a team of honest and like-minded people
should be organised and a safe fort built. Both the sincere
suggestions were rejected believing them as trash.
Surprisingly he chose to depend on officers for advice who being part of the system did not guide him properly. Eventually those who should have faced his ire became his favorites giving away the negative impression. There is no denying that some officers have been booked, but most of the corrupt are enjoying plum posts looting public money. Politicians also are no different. Initially the CM gave them a cold shoulder, but gradually they became his right and left men courtesy their links at 24 Akbar Road.
Peerzada Mohammed Sayeed was sacked for accepting a paltry
amount from the mother of an MLA allegedly through a conduit,
but he was left scot free in the multi crore Panchayat Ghars
Electrification Scam where he was bound to get a sentence. Had
Peerzada been sacked in that case the message against corruption
would have more audible than sacking him on a frivolous charge.
Ironically, an officer who was found involved in tempering with
the mark sheet of his ward to enhance her marks percentage
continues to hold the plum post even today. Similarly, the way
the CM has provided security and official vehicles to some
selected Congressmen is nothing, but encouraging political
corruption. Ironically, instead of using security and official
vehicles to reach out to the masses the security is being used
to threaten the officers to obtain contracts and the vehicles
used to carry sand and bajri to be used on them! The CM may not
be aware of these trifling things, but the public is and if the
CM wants he can confirm the facts by asking anybody except his
administration.
My father has remained with Azad for pretty long time and if he
says that nobody understands him (Azad) better than him it may
not be an exaggeration. He claims Azad is sincere, but like
every mortal he too has his shady spots. He trusts people
blindly. He realizes the blunder, but only after the damage is
done. During past two and a half year Azad must have learnt many
things, but stepping back at this crucial time might prove
suicidal. People say he uses people and then throws them. May be
they have their own reasons, but name one politician who does
not follow this policy?
Another thing that has played havoc with him is non support from
the Centre. Though it provided unexpected flow of funds for
development, it did not lend even the expected support to Mr.
Azad on political front.
Even then if he opens his doors for common men who are the real
ears and eyes of a politician Azad can know what people think
about him and that would be a great achievement. Taking advice
from bureaucrats is useless and detrimental. They may look
sincere, but being part of the system they can’t help Azad make
State a corruption free zone as even the dirty worms of the
drain feel comfortable in the company of their fellow worms.
Plebiscite out of question in Kashmir
The Kashmiri Muslims do not qualify the demand for secession.
They are the part of the nation of India inherently who cannot
be alienated merely on the ground of religion.
BY A.N.BHARADWAJ
In this present scenario plebiscite is not possible in theState,
Jammu and Kashmir. Pakistan is misleading the
world about the State being the disputed territory where people
are waging a war for the right of self-determination. Thereby it
is maligning continuously against India. Pak-lobby working in
Kashmir is campaigning by touching their sentiments in the name
of Umma and focusing to deal with the so called Kashmir issue
through plebiscite by propagating the reference of the UN
resolutions. It is harping on for this on different platforms
national and inter-national level. Its like-wise vicious
propaganda infused the sense of misunderstandings to the
international community. Pakistan has no develop-mental agenda
at all and the people are in the grip of extremism to their
faiths. Its leaders have one agenda to attract the people for
grabbing Kashmir either this way or that for the purpose to gain
their popularity for future leadership and thus the poor people
are misguided. It is known to the world that the plebiscite was
conditional and not for ever. Pakistan has failed totally to
comply with the UN resolutions. It is now a dead issue. The US
State Department expressed that some self determination
movements have very undemocratic aims of homogenous mono-ethnic
State which is not viable
Pak-elites, its lobby and self-addressed separatists are well
aware that self determination formula is applied only to those
people who lead their lives under slavery of colonial rule.
Therefore any demand or movement and or any other campaign or
protest which dismembers or impairs the nation and the
territorial integrity of its sovereign State cannot be conceded
to. The Kashmiri Muslims do not qualify the demand for
secession. They are the part of the nation of India inherently
who cannot be alienated merely on the ground of religion. How
long the partition and further partition process will continue.
The consequences of the partition of British India were horrible
and heart-breaking. There cannot be any further partition. There
are more than 140-minority groups in the world who desire to
depart from the main stream. No country of the world will allow
any section or group to disregard the status of its nation so as
to limit its territories this is the principle under which world
order is based.
The State of Jammu & Kashmir has a democratic Government
processed by adult franchise. A miniscule section of some
Kashmiri separatists at the behest of Pakistan has no right to
raise their whimsical voice on their own, while they have no
representative character and confuse the people that their voice
represents the people of the State. In fact their public base is
limited and not beyond the areas of their respective localities.
In this regard, Sir Dixon and Josef Korhel UN Commission of
India and Pakistan expressed that mere technically of holding
plebiscite seemed beyond the scope of reality. They further said
that they were discouraged by the experience in Europe with
plebiscite which turned into mere instruments of propaganda,
pressure and falsification. Apart from this, the former UN
Secretary General Kofi Anan had also expressed his view
regarding resolutions passed by it, of being useless in the
present scenario. He had rejected it totally. The Pak-lobby and
self-styled separatists whose survival depend on propaganda,
advocate the merger of the State with Pakistan on religious
grounds and other groups demand independent State, joint control
of India and Pakistan over the State, seven regions formula,
self-rule and demilitarization for the welfare of the State. The
tutored Pak-proxies confuse the people. These so-called
separatists are unable to demonstrate in one voice and no hold
among the people.
They have never agitated against Pakistan to surrender
the State territory occupied illegally through aggression nor
condemned the abuses of human rights committed on these people
of the occupied territory of the State. The Pak-ruling
leadership has crushed them, especially the people of the
northern areas in a very brutal manner and denied the
fundamental rights. They are leading a life of slavery that
deserves support from these leaders who are the champions of
human rights. These are the victims of Pak tyrannical rule who
deserve a serious attention. These guardians of humanity should
raise their voice to stress upon Pakistan to stop for further
committing of inhuman atrocities and changing of demographic
character. They are absolute slaves and have been liquidated in
all respect. They have been living in colonial rule of Pakistan
at its mercy helplessly. The leaders of the international
community are under the moral obligation to come forward without
any bias to protect them who are constant under stress of untold
miseries and torture.
The accession and the plebiscite are the settled issues which
cannot be reopened. The Instrument of Accession and its
acceptance by the Government of India are two legal documents
only which are beyond challenge. As regards plebiscite, it was
conditional totally and not ever lasting, which had clarified by
Pt Nehru long ago. Besides, Pakistan violated to implement the
UN resolutions deliberately for paving the way for plebiscite
and failed to restore the status quo, therefore no question
arises to change the present scenario.
Now there remains one issue only to get the State
territory occupied by Pakistan illegally through aggression
along with the State territory surrendered to China through
peaceful manner.
Refugees Betrayed
Refugees do not leave their homes because they want to, but
because they have to;
Refugees adapt to different environment in order to rebuild
their lives;
Every Refugee dreams of returning home.
BY DR RAM CHANDER SHARMA
On 25th April on the occasion of inauguration of concrete bridge
on
river Chinab by Prime Minister Manmohan Singh near Akhnoor,
thousands of Jammu Refugees viz Pak occupied Kashmir Refugees
(POKR), West Pakistan Refu-gees (WPR), Refugees of 1965 & 1971
wars from Chamb (CR) were mobilized by J&K Congress Party with a
promise that PM was coming with a loose string purse and will
announce a final settle-ment of the pending refugee issue. But
what happened was exactly opposite.
The Prime Minister read written text speech only highlighting
the achieve-ments of Congress led UPA Government at centre and
CBMs in J&K and Pak elections. He did announce a Rs. 1600 crores
rehabilitation package, but it was in favour of the Internally
displaced (ID) Kashmiri Pandits living in Jammu since 1990
besides 6000 jobs and other sops for them. As compared, a
package worth 50 crores was announced in favour of the POK and
WP Refugees, but the CRs were conveniently forgotten. The
stunned Refugees thoughts that the banker turned politician had
missed some zeros in Rs. 50 crores package, but the official
press note in the evening was enough to give them a shock
compelling them to come on roads next day to lodge strongest
ever protest against the partisan policy of the central
Government that has cropped up mistrust between various
communities. PM’s announcement was enough to divide KP and Jammu
Refugees and people of Kashmir and Jammu obviously with an eye
on the upcoming elections unmindful of the fact that this could
prove to be a death knell for the hundred year old party. The
cover up rally at Kathua by Ghluam Nabi Azad on 26th April also
smelt deceit and conspiracy on the issue of Jammu Refugees.
Partition of Indian sub continent in 1947 was a black page in
the history because it uprooted 80 lakhs Hindu & Sikhs from West
Pakistan and 70 lakhs Muslims from India to settle in India and
Pakistan respectively. The nerve chilling Human Rights
violations in both the countries are unprecedented in human
history. Government of India in order to meet the challenge took
necessary legislative and administrative measure by passing the
Rehabilitation Finance Administrative Act 1948 evolving
modalities for settlement of claims of left over moveable and
immoveable properties and made huge payment to Pakistan, but
Pakistan did nothing in this direction. It even seized the
accounts of the Refugees in J&K Bank and the statuesque
continues even today. Later on Union of India brought in a
statute Book by the nomenclature, Displaced Persons Compensation
and Rehabilitation Act, 1954 for the rehabilitation of the
uprooted people, but with a flaw that word Displaced Persons
(DPs) was used in both the acts one passed in 1948 and another
in 1954. Surprisingly, word Refugee is still awaiting
registration in Indian dictionary. In fact there is no policy,
definition and law on Refugees & Asylum seekers in the biggest
democracy of the world.
Ironically the central Acts were not extended to Jammu & Kashmir
belie-ving that the POK is also an integral part of India.
Instead a cabinet order 578 – C of 1954 was issued for relief
and rehabilitation of POK Refugee with stringent conditions.
This minority Hindu and Sikh community of Pothwari tribe with
distinct ethnic, linguistic and cultural heritage suffered worst
kind of genocide after the formation of U.N. in 1945 that
includes killing of more than 50 thousand people and subjecting
women folk to rape and keeping even children as sex slaves in
Pakistan Tribal areas. They fought till 25th Nov. 1947 when last
city, Mirpur fell.
The Indian army could retrieve the occupied territory, but there
was a conspiracy by Indian and J&K politicians not to liberate
POK areas so that domination of Kashmiri speaking Muslims could
be ensured in this part of the State.
POK Refugees have two categories; Camp Refugees and Non camp
Refu-gees. Two camps were maintained one at Nagrota (J&K) and
another at Yole (Himachal Pardesh). Thousands of families melted
in vast sea of Indian population & never came back. A total of
41,000 families were registered with Government of Jammu &
Kashmir out of which 22,700 families were settled on
agricultural land (State & Evacuee) in Jammu province. 5300
families were pushed out of J&K in other parts of India to
affect demographic changes (read advantage Kashmir valley). The
original order was to provide 8 Acres of Irrigated land & 12
Acres of un-irrigated land. But, J&K Government, unilaterally
reduced it to half with a condition that whenever the owners of
the evacuee property and land allotted to the Refugees decide to
return, the tillers and the occupants of these properties and
land would automatically be understood as evicted. The land
lords of the evacuee property have begun pouring in and
demanding their properties back and the case of 59 years old
Fareeda Ghani who came here by first Srinagar Muzzafrabad Bus in
April 2005 and claimed her immovable property in Srinagar city
through legal means can be seen as a beginning whereas the J&K
Government didn’t register cases of 9500 families on flimsy
grounds with a malice against the Refugees.
Contrarily however, the Government of J&K has moved an appeal
against the favorable Judgments of Hon’ble Courts and National
Human Rights Comm-ission merely to delay the implemen-tation of
Court orders in the Writ Petition No PIL 684/01 wherein Mr.
Justice T. S. Doabia and Justice Sudesh Kumar Gupta on 02 – 08 –
2002 had given clear cut directions for giving similar benefits
to POK Refugee including ownership rights of evacuee property as
have been granted to other DPs in India within a period of six
months. As far as retrieving the PoK from the clutches of
Pakistan occupation the result of four Indo – Pak wars over J&K
has proved that this was just not possible. Not to think in
terms of retrieving India under the leadership of Indira Gandhi
even gave away areas of Chamb to Pakistan under Shimla
Agreement. The NDA
Government under the leadership of Vajpayee vide its order No
33/2/97 – Settlement (Vol. IV) GOI Ministry of Home Affairs
(Rehal. Div.) dated 9th of Aug. 2000 did sanction a package of
Rs. 47/- crores for POK out of which only 5 crores could be
spent on POK Refuges . Now the new package of Rs 50 crores will
be spent on 4988 families only. Surprisingly the 12 – 14 lakh
POK Refugees have been left to languish with even no false
promises. This also is indicative of the fact that neither the
PM nor the CM are aware about the problems of Refugees and if
they are then they are treating them step motherly, which is
sheer injustice.
Majority of the countries world over have ratified the U.N.
Convention of 1951 Refugees status and its 1967 Protocol,
because there are definite laws for protection of Refugee’s
rights. India as well as most of the SSARC countries has signed
these inter-national protocols. But refugees in Jammu have been
described as Displaced Persons and not Refugees and there are
reasons to believe that it was done with malice in mind. Jammu
Refugees are not DPs as they can never go back to their homes
and live there fearlessly.
Who are Refugees?
As the definition under Article 1 of the convention a Refugee is
someone who: “is outside his or her country or nationality or
habitual residence; has a well founded fear of persecution
because of his or her race, religion, nationality, membership in
a particular social group or political opinion; and is unable or
unwilling to avail himself or herself of the protection of that
country, or to return these for the fear of persecution”. When
Refugees are not protected or rehabilitated by their own
Government, International Community steps in to ensure safety
and rights to the Refugee. If India and Jammu & Kashmir
Governments cannot redress their grievances the International
Community UNHCR should be allowed to step in for which India
will have to sign 1957 & 67 Refugees conventions.
Nowhere in the world are people who have been denied the
citizenship rights. With the pre independence law of state
subjects of 1927 the Jammu & Kashmir Government is not
ideologically & politically liberated and it seems the brutal
Dogra rule is still in practice for West Pakistani Refugees who
may be the only class of world Refugees denied most basic right
of citizenship. They are about 4 lakh in number, mostly Dalits
and used as uneducated deprived cheap labourer in Jammu and
Kashmir. It is a blot on Indian democracy which seeks permanent
seat in U.N. Security Council.
About 2.5 lakh Chamb Refugees (CR) of 1965 & 1971 are suffering
from same type of problems as POK Refugees have been suffering
from. They have even lost the reservation of LOC in Jammu and
Kashmir jobs. Even their new allotted agricultural land at
Baribrahmana was given to SIDCO – for development of industrial
estate.
All the rights of Jammu Refugees viz. civil, political,
economic, social and cultural are trampled under Kashmir Centric
Policy of Government of India.
24 Assembly seats of POK Refugees are frozen to provide
political mileage to ethnic Kashimiries. In Feb. last year a
legislative bill in Jammu and Kashmir Assembly was moved by
Panther’s Party M.L.A. Balwant Singh Mankotia and B.J.P. M.L.A.
Jugal Kishore Sharma that fell after it was jointly opposed by
Congress, PDP and NC. The bill belonged to citizenship rights to
West Pakistani Refugees and de-freezing of assembly seats for
POK Refugees. The recommendations of Wadhwa Committee Report of
last year on the issue have not been made public with obvious
intentions.
India has been generous to Tibetans Refugees, Sri Lankan
Refugees, Afghan Refugees, Chakma Refugees, internally displaced
Kashimiri Pandits, but not to Jammu Refugees. The idea of making
the LoC might be projected as a means to meet the separated
families, but the real motive is to divest the Refugees of
whatever they have in their possession. What has been told is
the tip of iceberg because being Refugee means more than an
alien; it also means living in exile and depending on others for
such basic needs as food, clothing and shelter. The agony of
Refugees is deep, but whether they still want to depend on the
deceitful Congress or come on the roads to secure their future
generation, it is the Refugees who have to decide. Others can
only show solidarity with them by uttering few words of
sympathy, which are meaningless in case of Refugees.
The Author is Chairman Refugee Welfare and Educational Society.