THURSDAY, MAY 14, 2015 DAILY EXCELSIOR, JAMMU daily Excelsior The Great Ladakhi dilemma Shortcomings of our system Established 1965 Vedika Rekhi Haider Ali Askary 1995, amidthe congratulatory ers of the two councils are less This in itself could be a fair argu- Founder Editor S.D. Rohmetra messages from the Prime Min- than those of the Zila Parishads ment in support of a Central Laws grind the poor and rich men rule the law."According to adakh, a region which ister and the Governor of the under Panchayati Raj University for Ladakh. More- the 'rule of law', the laws are clear, publicized, stable and was an independent king- state, the people of Leh,who system."The former chairman over, the official website of the "applied evenly but was justice taking a nap when in ordinary Compulsive litigant Ldom for centuries, was were probably most jubilant of the Hill-Council Kargil kept J&K Department of Higher cases the court closes at 5:00 p.m. In Mr. Salman Khan's case the annexed by the Dogra rulers, in since independence, gatheredat on lambosting the NC Govern- Education shows that the two timing was extended till 7:30 p.m.; when a number of under trials urgeoning lawsuits against the Government is 1834, and successfully integrat- the historic Polo ground Leh in ment for not releasing the dis- regions of the state viz. Kashmir are proved innocent after languishing in jails for years, no one takes ed under the Dogra domain, cen- a sign of bad governance. No Government a mammoth number to listen to trict fund and contested the 2014 and Jammu has 46 and 45 degree a note whereas in his case, it is the only thing on everyone's mind tered in Jammu, in 1846. Then the official declaration of the state Assembly election, after colleges respectively, while the should be happy with aggrieved people bring- after, it remained as a province due to the hype created by the media and press. After all, he is an B much awaited Ladakh resigning from the CEC post,as third region of Ladakh has mere- offender and doesn't deserve the kind of limelight that he is bask- which included Baltistan (now ing their cases to the doorsteps of law courts when Autonomous Hill Development a Congress candidate. ly four. Added to it, none of the ing in. The judiciary is expected to act in an unbiased manner and on the other side of the border) Council (LAHDC). It could be The political leaders in four colleges in Ladakh offer the Government Departments are amply empowered commonly known as "Ladakh to mitigate the grievances. Largely, if Government noted that the Hill Council was Ladakh had time and again post-graduation courses. So-called educated people from Wazarat". Though, the voice of approved by the State Governor showed their discontent with the According to the 2011 cen- functionaries, especially those at higher levels of a distinct and separate Ladakhi when the State Assembly was regional parties in the state rea- sus,out of the total area ofJ&K our film industry like Abhijeet administrative edifice, strictly observe rules and reg- identity echoed high even not functional. The people of soning an inherent discrimina- of 222,236 square kilometers, before independence in Ladakh. ulations, there are less chances of people persisting Kargil, however,refused to tion of them towards Ladakh covers 70.4 per cent of Bhattacharya and Farah Khan Ali However, at the dawn of inde- accept it at that time reasoning Ladakh.This could well be the state. This makes one won- with their complaints and finally heading towards the pendence, an inevitable appre- the volatile situation of Kashmir understood with the demands der how the students from far have made comments which expose courts. We should remember that justice is an expen- hension took hold in all the three in the aftermath of insurgency which Ladakh made for 'Union flung areas of Ladakh will reach sive and time-consuming affair in this country. Nobody regions (Jammu, Kashmir and but accepted it in 2003. Territory' status and even to the sparsely located degree Ladakh) of the State of Jammu us to their vanity. This shows us how would want to waste his time and money knowing that The Autonomous Council, 'Greater Ladakh', for that mat- colleges in the districts. Let's not and Kashmir (J&K) equally. to paraphrase the 'Ladakh ter,which came at some point of talk about the quality of these we are a country full of bigoted, the Governments seldom budge from their standpoint. Considering the immense diver- Autonomous Hill Development time in Ladakh. As a result, the colleges here! It means that aggrieved parties expect courts of law sity, each region of the state Council Act,1995' isa relative common people in Ladakh have Furthermore, the central came up with different claims narrow-minded, educated illiterates to do them justice and not the Government. This sit- autonomy conferred in the now started looking at the Government recently sanc- and appeals. The demand raised hands of the local population to national parties as against the tioned All India Institute of who feel that being able to amass uation needs reversal. Good governance should by the Ladakhi representatives, affirm decision making power regional ones. This was clear Medical Sciences (AIIMS) to mean that people repose trust in it believing that they apparently, was that of a direct concerning development plan- from the fact that the last Lok Kashmir and Indian Institute of a fortune guarantees us the right to are living in a welfare state, which is primarily con- integration with India rather ning and implementation of Sabha seat for Ladakh was won Management (IIM) and Indian than with Kashmir.But, the then cerned with the welfare of the people at large. their own projects. The by a BJP candidate for the first Institute of Technology (IIT) to be self-conceited and contemptuous. Chief Minister of J&K Sheikh Autonomous Hill Council was a time in the history of elections Jammu. Here again Ladakh fig- However, mindful of the ground situation and con- Abdullah and Prime Minister of share from the larger adminis- in Ladakh. Even the last state ured nowhere as happened ear- on the basis of the merits of a case rather than the social, political scious of the fact that administrative arrangement may India, Jawaharlal Nehru were trative cake carefully folded in Assembly election in Ladakh lier with the two State Cancer well aware of the benefits of a catchy phrase 'local self-rule' also proved it when out of the Institutes proposed to be estab- and economic clout of the accused. The poor people have to face a intentionally or otherwise, fail to do justice to the sup- retaining Ladakh with Kashmir. number of problems like systematic delays and high money demands plicants, the Government decided in late 2011 to for- which is still seemingly func- four seats the political parties of lished one each in Kashmir and The two doyens were proved tional. the state could not even win a Jammu regions. The 'shabby' in their plea for a bail whereas the haves of the society are given mulate a State Litigation Policy with the sole objective accurate;from the hostile days But, how autonomous are single one. Three seats were district hospitals in the twin dis- bail within a couple of hours. The efficiency with which our of considerably bringing down litigations against the of partition to insurgency and as the Hill Councils in won by the Congress candidates tricts of Ladakh, runningwith esteemed judiciary has functioned in his case is remarkable and our to this day, Ladakh is playing the State and its various agencies by adopting some spe- Ladakh?The popular perception and the remaining one, from severe staff shortage and lack of country could become one of the best to live in if the judiciary act- 'cementing' and 'integrating' in Ladakh is that the Hill-Coun- Zanskar constituency, by an high-tech facilities, gets no ed in such a manner on a regular basis. cific measures. role of the state with India. cil(s) are a political blame game independent candidate. attention from the Government Another inadequacy of our mentality has been brought to the The Government decided to appoint a Law Officer During the post-independ- house and shrunk when it comes The political leaders of the when it sanctioned AIIMS and fore by this case. Rather than praising the victims and their family to examine each writ petition or civil suit against the ence period, Ladakh showed a to funds. "The district receives state always talk about main- Cancer Institutes to the other members who have accepted their fate and feel that getting Salman lack of confidence and convic- a meager amount at the disbur- taining parity between Jammu regions. It's a well-known fact imprisoned will not get them anything but the curses of his fans, Government before contesting the same in the court tion in the successive state Gov- sal of the Hill Council" noted the and Kashmir regions but that Ladakh remains cut-off people are mocking at them for their so-called greed because they of law. Law Officer's appointed would be by strictly ernments and demanded to be former Chief Executive Coun- Ladakh region gets missed out. from Kashmir and rest of the wish that after 13 years of this nightmarish life, they should live following laid down criterion. Among other measures more "autonomous." The cillor (CEC) Kargil while This negligence of Ladakh by world for many months every demands raised by the Ladakhis, with some dignity now. The need of the hour is compensation to the were checking tendency of seeking adjournments by addressing to the Ladakhi stu- the state Government is visible winter due to heavy snowfall in victims rather than conviction for Salman Khan. No one seems to post-independence, were most- dents at Delhi not very recently. through the recent develop- the Zojila Pass. During these Government lawyers that result in weakening of Gov- ly on political and economic understand that few lakhs or crores will not bring back the man who The same was reverberated by ments in different areas in the months, the 'critical' patients are was crushed under the wheel of Salman's car or the happiness of the ernment cases; filing of appeals against ex-parte and lines. Given that the region is several former and the pre- state. Both Kashmir and Jammu left at the mercy of God owing people whose lives were drastically altered after this accident; no interim orders only in extreme circumstances; vaca- not a homogenous entity, the sentCEC of the Leh Hill Coun- regions were granted Central to the fact that the district hos- demands varied keeping in mind one seems to care about the grief and pain they must be going through tion of stay orders and periodic review of pending cas- cil at different point in time. The Universities in 2009and Ladakh pitals are ill-equipped. the goals and ends of a particu- members of the Council, from was relegated. A recent survey Thus in an already volatile while giving such a big-hearted statement. So-called educated peo- es. Moreover, the State Litigation Policy strongly rec- lar group. The larger discourse, both the districts, time and again conducted by the All Kargil Stu- state of J&K this discrimination ple from our film industry like Abhijeet Bhattacharya and Farah ommends that Government Departments must decide however, unanimously complained about the state Gov- dents' Association Jammu towards one region need to end Khan Ali have made comments which expose us to their vanity. This the matters administratively without intervention of remained for greater autonomy ernment's interference in their (AKSAJ) reveals that around for the betterment and prosperi- shows us how we are a country full of bigoted, narrow-minded, edu- and power in the decision mak- cated illiterates who feel that being able to amass a fortune guaran- court. works and decisions, making the 7000-9500 students from ty of the entire state. Otherwise ing processes and equal distri- word "Autonomous" in its name Ladakh migrated to cities like it would lead to socio-political tees us the right to be self-conceited and contemptuous. The position on the ground is that the previous as bution of resources for Ladakh. futile.The real power of the Hill Srinagar, Jammu, Delhi, uncertainties in Ladakh which It's high time we stop turning a blind eye and a deaf ear to all well as the ruling Government both expressly said that It never seemed to get its due Councilin Ladakh was summed Chandigarh and Dehradun for neither the State nor the Centre the injustice that is prevalent today as all we see is heartless humans and, meanwhile, a separate dis- they are serious about implementing State Litigation beautifully by the veteran polit- the sake of getting 'higher edu- could afford. around as humanity has been murdered. It is imperative that we trict of Kargil was carved out of ical commentator, Balraj Puri, cation' and the number is fast (The author is Research become aware of our humane responsibilities and introspect our Policy to reduce the burden on the courts and at the Ladakh district in 1979. like this "the much hyped pow- increasing each passing year. Scholar at University of Delhi) myopic, mindless actions. same time save the Government from recurring However, in September embarrassment. The main purpose behind the policy Pran Pandit dignity in an atmosphere of peace and in question was to provide justice to the aggrieved per- tranquility as members of the Kashmir sons without imposing further constraints on them and he imperishable contributions civil society. He has the ability to trans- of the aboriginals of Kashmir to Return of KPs forcing them to knock at the door of a law court. Why late his words into action. their home-land are traceable to implementation of broad contours of the policy has not T Home-land in/around late 1989 or ear- ent life-styles. They maintained the tity if they fail to en-cash it. The lead- As for as the Hurriyat Conference their genetic moorings. For centuries, ly 1990 to seek refuge elsewhere. They values and morals handed out to them ers of the community, who have the taken place remains a mystery. The Law Department and separatist leaders, who typify an they learned to live with Nature; wrest- lost all they owned ?their homesteads, by their ancestors. They lived with potential to serve its larger interests, entirely different school of thought, was required to appoint District Litigation Officers. It ed from it the useful secrets, through land, holdings and cattle, their dignity and honor even in exile. They must come forward; put aside the pet- are concerned, they are blowing hot meant that vacancies of 22 officers were available for patient observation, and applied them orchards, their agrarian style and did neither beg nor borrow, nor ty self-serving ways; desist from cre- and blowing cold in one breath they filling, one in each district. Government's policy was to gainful objectives; developed a new unique way of life and above all their indulged in stealing or committing ating confusion; and, look at the big say that KPs are the integral part of the to promote half of this number through departmental approach to the world following the rich cultural heritage. Majority of the crimes! Much water has flowed down picture and discharge their moral and Kashmir civil society and they are creed "live and let live" to co-exist in promotion and the remaining half by referring these to KPcommunity members were well-off the River Jhelum during all these years social obligation. The atmosphere is most welcome and simultaneously, an atmosphere of peace and tranquili- and overnight they were reduced to of migration of KPs from the valley. congenial and the political dispensa- the Public Service Commission/Service Selection because of their endless desire to gain ty, which constitute, to this day, the poverty and despair, in fact rendered Nine out of ten KP migrant families tion is alike, both at centre and state, influence and to prove superiority, Board. Consequently, the Law Department filled most essential feature of the Kash- destitute! were forced to sell their movable and and KPs must take advantage of the sit- they don't miss the opportunity to eleven vacancies by promoting the incumbents in the miris! However, the question arises as More than 25 years have elapsed immovable properties in the valley at uation. indulge in scuttling the Government's department but the PSC/SSB did not fill even one of to who are the aboriginals of Kashmir? and the KP community is yet to be throw-away prices under the most KP community members have plans of return and rehabilitation of KP the eleven vacancies despite lapse of four years. Why Anyone familiar with the long history rehabilitated per se. All these years, a compelling circumstances, only to sus- absolute faith in the present Govern- migrants by resorting to uncalled-for of the region shall have no doubt, the PSC/SSB failed to play its role is for the Govern- plethora of Governments, both at cen- tain their lives, nurturing and provid- ment at the centre, led by Narendra words and actions. They need to grasp whatsoever, in his or her mind that they tre and state, made half-hearted and ing good education to their children Modi. For them, Narendra Modi is an ment to explain. All that one can say is that the Gov- and grasp well that no sane popular are none other than the 'Kashmiri Pan- token attempts to address their genuine while they had to live away from their 'Avatar' not for no reason. They have Government would ever dilute the ernment is not serious in implementing State Litiga- dits'! The history, involving as well the demand of honorable return and reha- home-land. . Thousands of such peo- measured and pictured a clear and grandeur, spirit and gravity of secular- tion Policy. Had it been serious, it would not waste four evolution of the Pandit community is bilitation in Kashmir. As citizens of ple as were quite young when they left uncontested nationalistic picture of ism by creating separate state within years. traceable to the remotest past easily India, the exiled Kashmiri Pandits have either passed away or grown very Modi in their minds; they have per- the state or a union territory in the mid- more than five thousand years past, have the right to put forth their demand old; thousands of in-service people ceived that Modi's judgment shall nev- dle of the state to rehabilitate a reli- In one of our previous editorials, we have reflected extending to the contemporary period. on the functioning of the State Public Service Com- for resettlement in their home-land to retired from service have either er get tainted for any consideration and gious minority; they need to under- The ideas, ideals, customs, rites and the central and state Governments. expired or are aging; thousands of such his every action shall emerge from vir- mission. This institution remains trivialized first by not stand that construction of separate rituals, aspirations and the living-style Short of the central and state Govern- boys and girls as were teen-agers when tuousness; and, they have grasped that township/s or cluster/s for exclusive appointing its permanent chairperson and second by of 'Battaz' Kashmiri Pandits, that ments no other body can be relied upon they left the valley in the company of Modi's convictions are distinctly supe- domain of Kashmir minority (KPs) is Government not honouring its recommendations and found expression through music, liter- to solve the problems of KPs, who, for their parents are middle aged people rior to any other politician in the coun- impossible because that shall be reformative suggestions in recruitment matters. This ature, art and sculpture etc are avail- no fault of theirs, were rendered home- now; thousands of such KP boys as try, and, as such, he is not going to beyond the accepted ideas, institutions able everywhere, and, anyone can turn has remained a paralysed or handicapped institution. less and are wandering in the country were born after the migration don't betray the faith of Pandits. and constitutional provisions of a sec- his attention to the same, to see things as refugees. If democracy and nation- have even the feel of their roots; and, The coalition Government in the ular democratic country; and, they It appears that there is some communication gap for himself. Kashmir is unquestion- alism is to survive, the Government thousands of young boys and girls of state, led by Mufti Mohammad Syed between the PSC and the State administration, which need to remember that any popular ably the home-land of Kashmiri Pan- has to discharge its bounden duty to the community got myriad opportuni- has to play a pivotal role in accom- Government will fear to engage in such is adversely affecting the delivery system. We would dits! honorably rehabilitate the scattered ties in the national mainstream, who plishing the already delayed task. The an undertaking because it shall bring advise the administration to undo the communication History is replete with the incidents KPcommunity in their home-land. The found lucrative jobs in the country and political wisdom of Mufti Syed has no the Government under condemnation gap with the PSC and re-establish the authority and of trouble, bewilder-ness and crudest Government in fact has to act and act abroad and are enjoying life. Some parallels in the state of J&K. He is a and it shall have to meet the infinite kind of persecution meted out to Kash- legal status of this very important institution. We are firm because any further delay in tak- prospered after having been thrown great thinker with trail-blazing ideas demands from other parts of the coun- miri Pandit (KP) community in past ing concrete steps in the direction of out of the valley for whom it was a god- and his statements on the issue fall into not here to sit on judgement on the performance of try on the same analogy. They must also which led to their dispersal out of rehabilitating the KP nationalists shall send and they are busy in fulfilling the domain of traditional political sci- also not lose sight of the fact that in either PSC or the State administrative machinery. the valley on many successive occa- send wrong signals across the country there ambitions and aspirations, and, ence. His statements need to be viewed democracy, the individuals or the What we want to focus is the inability of the Govern- sions until the latest that came about and abroad, with inevitable repercus- some, who are sunk in apathy and both directly and obliquely, in the con- groups do not have the right that what- ment to act in a manner that ensures good gover- 25 years ago. KP community has faced sions. unable to pull themselves out of the sit- text of an issue arising out of a sensi- ever is done should be done with their nance. The people suffer at the end of the day if the the onslaught of invasions, incursions, According to the official figures, uation, are looking for the help from tive matter like the one of return and knowledge, volition and consent and it fundamentalism and terror and they administration is faulty or if the PSC is incapable of 62,000 families are registered as the Government. Therefore, in the rehabilitation of migrants, in the prop- is none of their business to issue dik- are quite used to migration from time 'Kashmiri Migrants' and these include changed scenario, even among the er political setting and perspective delivering. Why should people suffer? This is the point tats to members of the community to immemorial. They have about 6000 Muslim and Sikh families. migrants, different positions and atti- before drawing any conclusion. His live at particular place(s). Displaced we are concerned about. It means waste of public many great perils in past and at one Of these migrant families, 40,668 fam- tudes on the return of KPs to valley are patience and careful walk over a tight KPs expect the Hurriyat Conference money in long litigations and unnecessary burden on point of time there were just eleven KP ilies are registered in Jammu, 19338 in a natural phenomena. Some are long- rope should not and must not be con- and separatist leaders to desist from the judiciary when more important and urgent matters families left in the valley, which every Delhi and 2000 in other parts of the ing for their return to home-land, crav- strued as his weakness because, as the using hypothetical and fluid theories individual of the community is fully are awaiting disposal. country. 5242 two-room tenements ing and eager while some are craving Chief Minister of the state, he has to for raising the bogy on un-founded aware of. The hallmark of the genius have been constructed by the Govern- but are not-so-eager! take care of many things. If the state- apprehensions. KPs expect them to Fruits must reach poor of KPcommunity is that it could enrich ment at four different locations in Jam- KPs need to understand the vastly ments, both direct and indirect, made facilitate their return and rehabilitation each generation anew and sustain mu and have been allotted to migrants. changing situation and see the writing by him before becoming the Chief without making any noise and set an rime Minister Narendra Modi has launched itself, and, that is the reason it did not The community in question lived in on the wall. They must foresee the sit- Minister of the state are any indica- example of honesty and truthfulness! extinct! three new schemes, namely Pradhan Mantri large spaces with adequate resources uation ahead, visualize the future. tions, he wants the KP community (The author is a retired Superintendent of The traumatized KPs left their PJeevan Jyoti Bima Yojana (PMJJBY), Pradhan in a comfortable manner, if not in afflu- They shall be losing their unique iden- back to the valley and live their with Police) Mantri Suraksha Bima Yojana (PMSBY) and Atal Pen- sion Yojana (APY) simultaneously at 115 locations throughout the country. 80-90 per cent people in the NH at the mercy of God Darbar move ritual country have neither insurance cover nor any possibil- Sir, pur city due to mismanagement on the road. Last Sun- Sir, day, and also on many other occasions, Udhampur Hunting in J&K ity of pension. This has been a major concern of the Darbar move , changing offices location I would like to request concerned authorities of city and adjoining roads remained jam packed. It has Prime Minister and the three above-mentioned after every six months between Jammu and Sir, J&K State Govt to remove Traffic Police from become a routine affair. The lady travellers, students, Srinagar looks strange in this age of fast times schemes that have been launched are essentially to National Highway because it has miserably failed to patients, tourists and general public suffer for hours It has been observed that many .The state is suffering from many practices set the things right. There are unexpected traffic jams together on the road. The fault of owners of private provide insurance to the poor and weaker sections of which need to be changed, darbar move is hunters are quite active in places like on the National Highway almost throughout the day cars is this that they have paid advance road tax plus the population. It is a novel scheme that brings relief such an expensive, time consuming, with Samba, Kathua, Udhampur and other and the problem is continuing for the last five to six heavy toll tax and have to burn petrol in traffic jams Shahi colours and so on that it looks an out- hilly areas of the State. to a vast segment of our poor class. The success of months. Worst sufferers are the people of nearby six- of double quantity than actual fare. There is nobody dated, out fashioned practice. Darbar used to In order to save this wildlife from the scheme is understandable from the fact that that ty villages depending on National Highway from to listen to daily road consumers who have funda- be relevant with kings and rulers and Sultans. Udhampur to Chenani. The people of this area think mental right to travel smoothly on a traffic jam free poaching, the concerned Department in the first seven days of the trail-run, banks have In this democratic set up darbars look an lucky on the day when there is no traffic jam. Hun- road. It is as such requested that either the traffic should wake up to this reality. In this enrolled 5.05 crore people. obsolete thing which cries loud for a change. dreds of students boys and girls could not sit in their police management be strengthened on the road or connection, it is requested that the That money can be spent on roads, lanes and The three insurance schemes launched by the examinations for the last four years during winter sea- national highway should be left at the mercy of God. other public facilities which is spent on its licences of the hunters be verified at the Prime Minister will go a along way in bringing relief to son, the critical patients are seen dying on the road I think the latter will manage the things in a better movement. Nawabi and Rajshahi times have earliest. Those who are found responsi- and the marriage parties walk on foot for long dis- way. the poor people because the rich and the affordable gone. Please stop this practice and no poli- ble for killing be punished according to tances as if we are living in the medieval times. In Yours etc... classes have already made their life insurances and addition, the travellers between Jammu and Udham- tics over it, please. the law of the land. Rajinder Chand Anthal can live a comfortable life. We strongly appreciate this pur are subjected to roadside miseries as there Yours etc... Yours etc... Trikuta Nagar remains huge traffic jams at Nagrota, Ban, Nandni, Sunil Sharma Devinder Singh move of the Prime Minister as it affects millions and Jammu Tikri, By Pass Road Udhampur and in entire Udham- Reasi Sambyal