THURSDAY, FEBRUARY 18, 2016 DAILY EXCELSIOR, JAMMU

daily G D Sharma treason by a short interval. Sedition embraces all those Excelsior n February 09, 2016 Law relating to the offence of sedition practices, whether by word, Established 1965 Jawahar Lal Nehru deed, or writing, which are cal- OUniversity students serving politicians in order to dealing with thousand numbers ry is the last hope of every acquitted at the end of this culated to disturb the tranquil- Founder Editor S.D. Rohmetra organised an event to mark the play vote bank politics. Some of militants and prominent peace living citizen including case. Relevant details in short lity of the State and lead igno- execution of Parliament attack pseudo-nationalist have also banned militant organisations criminals and politicians too. In of this case along with some rant persons to endeavour to convict Afzal Guru who was joined their bandwagon. They as well as a number of ruling the State of Jammu and Kash- examples can be found in my subvert the government and hanged in Tihar Jail on Febru- are defending the acts of those class politicians who were mir militancy bred because the J&K Trauma Centres above stated book which laws of the country. It is dis- ary 09, 2013. The University persons who openly have gone found their sympathisers. The rulers at the material time had throws sufficient light how loyalty in action, and the law witnessed violence between to the extent of defaming and present day politicians should forgotten to uphold the “Raj he hilly National Highway (NH-1A) that connects the politicians had shown favours considers as Sedition all those two student groups on the mid degenerating the judicial sys- know that the only religion of a Dharma” by forgetting the oath State with Punjab is prone to frequent road accidents to the militants and uttered practices which have for their night of the same day. Anti- tem up to the top by openly say- Judge is to uphold the Rule of administered to them to uphold Tending up in grievous fatalities. This is also true of the seditious utterances. Refer- object to excite discontent or India slogans were raised at the ing that their hangings were, law while deciding the cases the Constitution of India and arteries of the National Highway just because of the moun- ence of sedition cases can be dissatisfaction, to create pub- event. Another meeting was “Judicial Killings”. The author- without any fear or favour. The the State as well as the laws tainous topography of the entire region. Tragic demise of found at page 305 of the book lic disturbance, or to lead to held at the Press Club of India ities at the helm of the affairs Judges in the State of J&K bar- made there under. valuable lives in these motor accidents is irreparable loss to against a top ranking politi- civil war, to bring into hatred in Delhi on Wednesday (10-02- have taken the cognizance of ring few exceptions have stood The result was that militants cian. I am flabbergasted to or contempt the sovereign or the country. Whenever an accident happens and fatalities 2016) where too anti-India slo- the crimes committed by con- to the trial of the times. The had hijacked four organs of the know how Competent Politi- the government, the laws or the are reported, it brings pain to the entire state. gans were raised and placards cerned persons and invoked the Supreme Court of India while State and established their cian Lawyers are taking the Constitution of the realm, and Compensation is paid to the victims or to their next of kin displayed. The slogans raised provision of Section 124 – A deciding the cases against the Islamic courts in rural areas of refuge under the Fundamental generally all endeavours to but compensation does not bring back the departed bread and speeches made at both the IPC read with other relevant above stated terrorists have not Kashmir valley. The present Right of Speech and Expres- promote public disorder.” earner. In many cases, the tragedy is unparalleled if the vic- functions have been seen and violations of Law. Top ranking shown any favour or disfavour day politicians seem to be play- sion that implicated persons I leave it to the judicial dis- tim is the only bread-earner in the family. heard by a large number of Politicians in the company of to anybody but passed the final ing same type of game which for the commission of act of cretion of enlightened readers watchers of television pro- some accomplished lawyers orders on merits. This fact can was played at one time in the Traffic Department and other State organizations closely sedition read with other of this article to decide for grammes. In the events, com- who have turned Politicians be known to the sympathisers State of Jammu and Kashmir. connected with the road accidents and their impact are regu- offences are innocent because themselves how some of the memoration of hanged convict have started justifying the con- of above stated militants that It would be advantageous larly in consultation with experts and authorities endlessly no violence has taken place in disgruntled politicians of our Maqbool Bhatt founder Presi- duct of inculpated leaders of some of the co-accused had for them to know from my debating how these accidents can be averted or maximally any of the event. This is not the country are behaving to bring dent of Unlawful Organisation those events. I am a member of secured acquittals from the book titled “Plight of Jammu reduced and lives saved. A plethora of suggestions are made correct view because the disrepute and disrespect to the namely, Jammu and Kashmir Judicial fraternity for the last Supreme Court also. A Judge and Kashmir- The Unknown Supreme Court in the case of established Judicial system by by a wide-range of media and social activists, which authori- Liberation Front was also 55 years and as a Judge for 40 has neither power of sword nor Files” that the seeds of ongo- Nazir Khan and Others vs State forgetting that their contem- ties take into account and if found feasible are translated into made. Secession of the State of years in the State of Jammu and of purse but power of Public ing militancy till present day of Delhi 2003 (6) Supreme 234 plated short term gains ulti- practice. This notwithstanding, accidents continue to happen J&K from Union of India was Kashmir have in hand experi- faith while discharging the were sown before the year has held, “that Section 124-A mately would lead the Country and precious lives continue to be lost. There are numerous also sought. ence of dealing with cases from sacred duty of dispensing Jus- 1980. This fact I realised while IPC deals with Sedition which to her disintegration. factors that interplay in the matter of meeting this challenge. These events have become the year 1980 to the year 2001 tice not on face value but on trying the case of above said is a crime against the society (The author is former Judge, Among many preventive measures adopted by the the genesis of the present day and thereafter from 2006 to case value. When people would Maqbool Bhatt relating to nearly allied to that of treason, hot controversy which has been 2011 in the volatile State of lose faith in the Judiciary there Bank dacoity cum murder. He Jammu and Kashmir High Court) authorities, one is the proposal of establishing Trauma and it frequently proceeds [email protected] Centres along the National Highway. It was long back in generated by insensitive self Jammu and Kashmir while would be anarchy. The Judicia- and his associates were later on 2008-09 that the idea of establishing Trauma Centres was mooted. In February last, the Governor had desired that keeping the urgency of the matter in view, fully equipped Trauma Centres are opened immediately and made func- Three incidents of national importance tional. In the year 2008-09, the Union Ministry of Health and Family Welfare had sanctioned ten Trauma Centres for the B L Saraf which, thanks to the so called 'fanatics' for better part of his ties. Forgetting that in doing so to work for the dismember- the secessionist movement. State, six for Kashmir and four for Jammu region. The four 'intellectualism 'has become a political life to make a fortune, they are weakening the case of ment of the country. The we Southern states were devastat- hree incidents of enor- rare commodity these days. called the lady as a daughter of 26/ 11 and putting India to an had a beeline of politicians to ed but the Union was saved. Trauma Centres sanctioned for Jammu province were mous national impor- Mahanpur in Kathua, Udhampur District Hospital, Ramban Then came the worst. We Bihar as to bestow honor on awkward position before those the University made to provide Lincoln showed what it means Ttance, which happened had the statement of David her . Till 2014, the ruling par- countries whose national also moral and political support to to save the country. The same District Hospital and Doda. rather in a quick succession, The purpose of setting up Trauma Centres was essen- Coleman Headly - an accused ty at the centre used the death fell to the bullets of terrorist in the seditionists , whom law country enacted Inland Securi- marked the week that ended of 26/11 Mumbai attack, giving of this lady as a stick to beat that Mumbai attack. Pakistan of the land had caught up with ty Act and Patriotic Act after it tially to provide emergency medical succour to the victims 13th instant. They brought out a graphic details in the court the present PM, in total disre- intelligence agencies and the . These leaders found no time suffered 9/11 terrorists act .No of motor accident so that as many as possible traumatized best and the worst in us . how Pakistani Intelligence Ser- gard to the national security terrorists must be celebrating to call on the martyr Hanuman- one complained. There was a lives are saved by providing medical aid.A trauma centre Lance Naik Hanumanthap- vices and its Army men , with and utter demoralization of the ,as they could not find much thaapa when he was battling for complete bipartisan approach makes sense only whenprovided with necessary equipment pa , the brave Indian soldier the help of LET and their Indi- investigating agencies and better alibi to denounce Head- life in the military hospital in framing the laws to protect and medical staff. Equipment likes CT scan machine, X-Ray from the southern part of the an handlers caused the may- honest police officers , by pit- ly's testimony lock , stock and .The anti Indian diatribe is the America citizens. France is machine, laboratory, surgical instruments etc. are a must country - having been brought hem, by destroying property being explained by the apolo- on the verge of framing a law and so is a specialized surgeon, physician and a neurolo- up at the Sea-level, fought a worth crores and killing hun- What business the students gists of the secessionists that which will deregister its citizen losing battle for his life in a New gist. They also need a minimum of paramedical staff by way dreds of innocents in the hotels, the resistance is relevant to the who is involved in the terror- Delhi Army hospital, after he of support structure. How can one imagine that a Trauma public places and the streets of had to raise the anti -India pitch "intellectual tradition." We ists act. More than hundred and his ten colleagues were Mumbai, in November 2008 . have seen it recently how this religious places of a particular Centre will function without these pre-requisites? struck by a snow avalanche, A look at the Trauma Centres established at above men- While making his statement, when the nation was mourning the " tradition " selectively woke community have been closed, while serving at the highest Headly referred to the role of up to the Award Wapsi " call when found fanning religious tioned places will show that none of these is provided with peak in Northern part of the Ishrat Jahan a Mumbai girl as death of a brave soldier, who laid only to die down when the hatred. Could we think of such basic requirements plus the most essential component of country - Siachen in Ladakh. an LET operative in India to Bihar Elections were over. measures in India, though ours trained and qualified medical staff. Although Mahanpur His presence in the Army and help carry out deadly terrorist What business the students had is the country worst hit by the Trauma Centre is of Level III and Udhampur and Ramban are death while guarding the bor- attacks in various parts of down his life in the line of duty. to raise the anti -India pitch terrorism? Look what hap- of Level II, none is functional in real sense of the term. As ders reaffirmed the definition of India. Her role as a helper of when the nation was mourning pened to TADA and the POTA, regards Doda, it is yet to take any shape. The reason for India-that it is a vibrant and the extra -territorial terrorist More than to these students, the the death of a brave soldier, laws made in late eighties to these centres remaining paralyzed is firstly the apathetic atti- organic land mass spread across organization was never in who laid down his life in the combat the terrorism. The vote Kanaya Kumari, in south, to tude of the authorities who are taking it non-serious, and sec- doubt to the intelligence agen- question could be posed to the line of duty. More than to these bank politics saw their death, Ladakh Kashmir in the north, ondly no accountability and no responsibility syndrome pre- cies. But a political party students, the question could be with no respite from the terror- which is cemented together by which ruled India till 2014 pro- politicians who lost no time to bail posed to the politicians who ist onslaughts vailing in the matter. Some doctors were posted to Mahanpur the blood of its brave men and jected her as a' national hero- lost no time to bail out the Wherefrom could we get Trauma Centre but they went on unauthorized leave and the women. It was heartening to never showed themselves again. Thus the game is back to ine who, as if, fell to the "cause out the secessionists. secessionists. leaders like Lincoln or Neil note that whole India stood by of India's independence". Her The tendency must be square one. The injured have to be referred to the GMC Kinnock who famously said "I the brave soldier, praying for his death, in the circumstances ting one against the other. barrel as is being provided curbed lest it gains persuasive Jammu as usual and the time consumed between the acci- recovery and people offering will die for my country but I which are subject matter of a The worst that came out is to them by the spokesperson influence on the elements who could never let country die for dent and bringing the victims to the GMC Jammu being the their organs to save him. The judicial scrutiny, was com- not only trumpeting the inno- of some political parties . thrive on the fissiparous and crucial time for the patient decides his or her fate. soldier, however, could not me." Nation is truly pained. memorated by the managers of cence of the female in question Worst had to come. The parochial politics. Pain of physical injury or death In view of these circumstances, people in the entire area refuse the call of heavens as, the then ruling party as a but denouncing Headly's testi- pyre of the martyr Lance Naik During the American civil is not as hurting as is the pain of lying alongside the NH1 find no relief or consolation in the indeed, when alive he couldn't 'national tragedy -'just to gar- mony as that of a rogue, not fit was still smoldering when we war in 1861 eleven southern subterfuge and the political mere announcement that Trauma Centers have been refuse the call to the national ner votes of a particular com- to be relied on . The spokesper- saw a disgusting spectacle states fought to secede from the duty. The best part of it was that double speak. established and these were functional. The Governor, natu- munity. So much so, a 're- son of the then ruling party being enacted in JNU, Delhi. Union. Abraham Lincoln was nation rose in one to salute the (The author is former Principal rally will not feel happy with this situation. He had issued incarnated secularist 'who had went to the TV Channels to Students were commemorating the US President, who ordered Siachen martyrs . That was a no qualms in cohabitating with discredit Headly just to cover the death of Afzal Guru by his Army Commander Ulysses District & Sessions Judge) instructions a year ago to equip these Trauma Centres with much needed assertion of pride [email protected] all necessary equipment and staff. We, therefore, hope that the forces whom he now calls up their earlier partisan activi- extolling the fifth columnists S Grant to use all force to quell the Governor will take full notice of this situation and ask the concerned authorities the reason why these centres have not become functional. At the same time we hope that he What is Hafiz Saeed to Nawaz Sharif? will see to it that all the sanctioned Trauma Centres in the State become functional as early as possible. Farooq Ganderbali also gave Prime Minister Nawaz them raise serious doubts about have been standing trial for ter- in different parts of Pakistan, all that Hafiz Saeed should be reined Sharif to turn around the clock. his sincerity. There is even a rorism, to lead a major rally in with the patronage and support of in. The Indian reaction came after n the face, there is no His statements after the growing belief that Sharif could Islamabad the other day (the so- the state agencies. In all these Saeed hailed the Pathankot attack Unregulated brick kilns marked similarity or Pathankot showed him to be a be allowing persons like Hafiz called Kashmir Day) where he meetings, the terrorists called for and threatened to launch similar Oaffinity between Prime serious leader, determined to Saeed to rake up the heat to prove freely spewed venom on India intensifying jihad and creating an attacks in India in the near future. rick constitutes the primary constructional material Minister Nawaz Sharif and terror- tackle terrorism which is affect- a point to India. This is borne out and called for jihad. He called for army of young jihadis to attack India said if Pakistan wanted for any building whatever the climatic conditions. ist mastermind Hafiz Saeed. ing his country as much as the Kashmir and India. a friendly relationship , it cannot BBricks are baked in a kiln and the method of baking Sharif is committed to root out neighbouring countries like India said if Pakistan wanted a friendly In any civilised country, such allow terrorists like Saeed to the bricks in our State is primitive. While developed coun- terrorism from his country. At India. The only difference is that rallies would not have been per- make such statements in public tries have inducted full doze of modernity into the brick bak- least that is what he says. It means the terrorists who are damaging relationship , it cannot allow terrorists like mitted and if the groups had and remain scot free. But the fact ing method, we are bogged with old fashioned and most that he is against terrorist groups Pakistan and other countries defied the government directives, that Sharif did allow Saeed to take and terrorists like Hafiz Saeed. So hazardous way of producing bricks for construction. come from within, and have the Saeed to make such statements in public and they would have faced the police over the streets of capital city what is that makes Prime Minis- The environmental hazard associated with the kilns direct or indirect patronage of wrath and their leaders should proves, with little doubt, his sym- ter Sharif tolerate, and often security agencies, specifically remain scot free. But the fact that Sharif did have been thrown into prison and pathy towards the terrorist leader raised close to the human habitats is alarming. Some kilns indulge, LeT chief Saeed? have come up amidst habitats. These pose deadly threat to Pakistan Army. This is not a secret not allowed to walk into the and his group. Here he need not Take for instance the recent and Prime Minister Sharif, an old allow Saeed to take over the streets of capital streets and call for the mass mur- have sought the army’s nod to life. This is truer of District Budgam where brick kilns have events following the Pathankot hand at politics, is acutely aware der of people in other countries. stop the rallies from happening; been raised in close proximity of human habitats. According attack and the international out- of that the umbilical cord of most city proves, with little doubt, his sympathy Such acts have no place in a they could have been prevented to local medical practitioners, there is large scale breathing cry over the role of Pakistan- of the terrorist groups could be democracy, at least that is what by simple police action. Prime problem with most of the people in these areas. Their based terrorist groups like Jaish- traced to Rawalpindi. So while towards the terrorist leader and his group. Pakistan calls itself. The rallies Minister Sharif’s refusal to even repeated attempts of bringing the matter to the notice of e-Mohammad (JeM) in the knowing the organic link between are a loud reminder of Nawaz do this much undermines his authorities have been of no avail. So much serious has the- attack. The Pathankot attack terrorists and the army, when the by Pakistan’s insistence about "more intensity in the freedom Sharif’s failure as a political avowed utterances about taking matter become for health conscious people that some of came a few days after the two Prime Minister made it known placing Kashmir ahead of other struggle (read terrorism). Every leader and Prime Minister. on terrorist groups and build a Prime Ministers of the country them in direct impact have decided to abandon their places that he was determined to go after contentious issues on the negoti- child in Pakistan is ready to sac- Saeed’s public rallies raise good relationship with India. decided to forget the past recrim- and seek residence far away from the dust and din of their terrorists, it was difficult not to ating table. This is certainly a rifice his life for Kashmir's free- serious questions about Prime His continuous sympathetic inations and seek a new path of give him another chance. turnabout. dom.(read: create more jihadis)" Minister Sharif’s sincerity and treatment of Hafiz Saeed (and original homes now fallen close to the site of the kiln factory. reconciliation and progress. The Smoke, soot and dust emitted by these brick kilns are But events since then hardly It is difficult to dismiss such . Not only Islamabad, Saeed’s ter- capability. The rallies were other terrorist leaders) expose his attack was meant to throw a span- evoke any confidence in Prime feelings when his government rorist group, banned by the UN allowed to be held a day after the real face. hazardous not only for human beings and animals but also ner in the dialogue. It did. But it Minister Sharif. In fact, some of allowed Hafiz Saeed, who should and several countries, held rallies Indian government had requested [email protected] for plants, greenery and crops. Farmers from Budgam told our correspondent that vegetable growing had become unproductive because the crops get damaged and there is Paid old age care Ten years of MGNREGA no remedy to it. Trees lose green leaves and flora and Sir, almirah, a small cooking table beside fauna of the localities within polluted areas is under much Sir, attached bathroom. The common mess On 2nd February, 2016 MGNREGA completed its ten years. How it has Plea to DGP threat. Out of total 300 brick kilns in Budgam district, 230 With increased mobility, every third should cater to break fast, lunch and dinner, performed is a debatable issue. Well! NDA has always evaluated it as dig- Sir, are posing threat to the biotic environment in the district. home were have their children working whereas the small cooking table with gas ging and filling of pits and always on a hue and cry over the attachment of away from their home. Further with joint Regional Director State Pollution Control Board (SPCB) connection can take care of tea and snacks skill development programs to it. The earth work, as it is viewed by the This is to draw the attention family structure fast vanishing the problem says that as per the norms laid down by the State Pollution with in the room for the couple and their opposition regimes is not a pit digging task because it empowers million of of the Director General of for old age couples is on the increase. In Control Board, the fixed height of chimney should be above guests if any. Adequate land should also be Indians. A well within a vicinity of a village is an infrastructure task for the Police towards the plight of many cases, the spouses used to independ- provided for a jogging track, walk way and village though it may not matter political regimes working for that village. 115 feet. This norm ensures that harmful smoke and gases ent life do not accept the burden of old par- pensioners who retired between gardening. There should be option for the When the bill pertaining to it was there in the house for the sanction, every 1998 and April 2003. emitted from these kilns are released in the upper atmos- ents of either of the partner. For employees single hand was up for its favour. So, is it a demand and supply driven? Yes; couples to return to their homes if they feel At present whenever a phere so that they do not come into contact with the human from Government as well corporate sector fit making way for other needy couples. exactly, it is. Governments are cutting down on the scheme. They have pro- police official retires he is paid population. In most cases this norm is not adhered to. particularly officers normal old age homes The hospital within should have adequate vided sufficient funds for the first two quarters but when the Government`s a hefty sum of Rs 50,000 which We would like to impress upon the administration that do not offer any attraction. Therefore, old facilities and staff to take care of sick in desired targets are met, they cut on the funds and gasp the scheme of the this health hazard has to be removed without loss of time. age care societies need to be established mates. required funds and when the scheme fails, they blame it on fundamental of to some extent meets some of where employees can have comfortable liv- his needs. Nobody should be allowed to play with human lives. The The major problem for the inmates in the scheme. ing as well health care on payment bases. old age are kidney, joints and heart for MGNREGA is a dynamic scheme with high differences between the However, the pensioners polluted air adversely affects respiratory system in human There are over 35 philanthropists like Bill which not only adequate facilities should scheme successful states and not successful ones but what we need to under- (1998-2003) were paid a mea- beings. A team of inspectors may be constituted to advise Gate, Alwaleed bin Talal, J.D. foundations be available within but inmates should also stand is…. Where the scheme has not done well, it has still given the gre sum of Rs. 2000 (Rs. two the government on relocating the kilns far away from human etc. who are willing to finance construction required empowerment and purchasing power to the rural poor. The thing is take their health insurance to finance hospi- thousand only) only. This is habitats and using modern technology that will do away with cost/fixed assets for such old age care what type of participation the Government allows. Is it a down to top scheme tal expenses and medicines from stores quite discriminatory and totally obsolete and redundant method of baking the bricks. The homes and Governments should come for- or a top-down? We let our bureaucrats, Deputy Commissioners and beloved injustice with them. ward with land lease free of cost. The run- within. These societies with suitable by complaints of locals about noise pollution have also been politicians decide what type of work a village requires under MGNREGA, Therefore, it is requested ning cost will be met by the inmates. The laws, should be registered as NGOs work- what actually needed is… ? Local Panchayats and village level local bodies coming in. The tipper carrying brick loads with great fre- that these pensioners be also proposed facilities should provide for audi- ing on no profit, no loss basis. The success- to decide what type of work is required in their vicinity and that's what make quency during day and night has made it difficult for the torium / mess, hospital and club facilities ful ones should expand their wings wherev- the scheme useful and significant. compensated in a similar man- local population to sleep in peace. They are faced with on the ground floor where as multistorey er possible. Yours etc... ner. noise pollution. This aspect also needs to be addressed towers should provide from Ist floor on Yours etc..... Abhishek Sharma Yours etc... immediately. ward 16’ x 18’ rooms which can not only M L Gupta Lecturer, The Business School Aggrieved Retired Police accommodate double bed, a sofa set an Ex MD J&K Minerals Ltd. Bhadarwah Campus Officers