THURSDAY, JANUARY 30, 2020 DAILY EXCELSIOR, JAMMU daily Excelsior Established 1965 Freedom of speech, expression and trade through internet is protected Founder Editor S.D. Rohmetra Ashok Bhan that those affected by an execu- away with and is unlikely to or banning of the internet is a pension Rules, and is not a spe- authorities face the risk of being tive or administrative order have resurface. “drastic measure” that cannot be cific direction to the administra- in contempt of the present SC reedom of speech and the right to access the said order. This is a huge victory for usually resorted to by the state. tion in J&K. In the context of the judgment: A decision which J&K poised for expression, as well as the As has been rightly pointed out those struggling against the This case was also the first present nationwide curbs and might not play out very well, Fright to trade over the by others, the state has often abridgment of civil liberties: opportunity for the SC to political climate, the holding of either legally or politically, both internet, has constitutional pro- relied on unpublished and inac- State authorities can no longer expound on the procedure under the Supreme Court on fundamen- in India and internationally. tection under Article 19 (1) of the cessible orders and materials to rely on the cover of secrecy to the Internet Suspension Rules. tal rights, both on substantive and In response to Supreme Court peace, development Constitution,Supreme Court justify its actions, including in pass arbitrary orders. While the Court did not go into procedural questions, not only ruling the central government is declared first time and has made the present Kashmir case. The SC’s declaration that the the question of their constitution- sets the stage for challenges in the restoring broadband connections f the manner and the enthusiasm with which a positive assertion. The orders passed by the state freedom of speech and expres- ality, it did make the procedure high courts, but also raises the to government installations and Republic Day celebrations took place in The judgment of the Supreme (except for a certain “sample” sion, as well as the right to trade under the Rules more robust. The threshold for when the state can providers of essential services, Court on January 10 by a three- Jammu and Kashmir this year , who would order) were not even placed on over the internet, has constitu- SC also filled by requiring a peri- impose such restrictions. The rul- hospitals, banks and the tourism I judge bench, pertaining to the record. However, the SC, by both tional protection under Article 19 odic weekly review of orders ing also sets the stage for the sector in Jammu and Kashmir. doubt that a new dawn of peace , hope, communication and internet requiring the state to proactively (1) is the first time that the Court passed under the Suspension relief granted to the people in However, the step falls far short progress and development was not on the shutdowns in Kashmir, has place orders before a court in writ has made a positive assertion Rules. This review is not ordi- Kashmir. of the complete withdrawal of received massive media cover- regarding the same. The Court anvil. The taste of pudding, it is said, is in its proceedings, as well as requiring nary, or superficial, but appears The SC has effectively ruled curbs on public communications age. It appears that there is some the publication of orders under has therefore made any curbs on to require proper analysis by the that the Kashmir internet orders which the court had sought. ISPs eating and that was seen in Bakshi Stadium misunderstanding related to the Internet Rules — as well as the internet subject to the strin- Review Committee, as the same be revoked, seeing as it is unlike- are required to block social Srinagar on this Republic Day as compared to some of its conclusions with those passed under Section 144, gent requirements of restrictions has been given the responsibility ly that the orders passed by the media sites and technology by respect to internet restrictions, CrPC — has taken away this under Article 19 (2). under Rule 2(5) to verify that the state authorities could have been which such a restriction can be previous years . There were no boycott calls which has resulted in massive mechanism of the state to thwart This brings in the proportion- orders passed are in compliance in compliance with the ruling. If bypassed, before providing from militants and militant organisations, there mischaracterisation of the judg- or abridge rights. The entire pre- ality analysis, which the Court with the requirements of the they do not revoke the orders, access to institutions and essen- interprets to include the require- ment itself. liminary struggle faced by the Telegraph Act they would have to publish them, tial service providers. was no call for any Hartal , there was no fear At the most fundamental lev- ment of allowing only the least petitioners in the present case, to It must be understood that and prove that the orders were in (The author is a Senior Advocate restrictive measure. With respect lurking or apparent, which could keep partici- el, the judgment upholds the this is a general requirement for have access to the orders they to the internet, the Court speci- compliance with the law laid Supreme Court of India) requirement of natural justice any order passed under the Sus- pants from actively contributing their bit of pres- were challenging, has been done fies that the blanket suspension down by the SC. Otherwise, the [email protected] entation and of involvement in the celebra- tions. Yes, it could happen not entirely because Dr.Etee Bahadur ing prayers (namaz) , fasting , Islamic laws and tenets of faith of the incidents of militancy having come down ission Kashmir is an etc." (2009,238) unexpectedly drastically towards which the action packed movie, As the biography moves on it was a hit at the box Mission ''Kashmir" Lieutenant Governor referred to in his first M we read, that Araqi in the first vis- office in 2000, although the crit- mir was a faraway place from panies the sultan for shooting cle of friends widen. first part of this mission is to it to the Valley , had found that Republic Day message to the people of Jammu ics bring forth the view that their Khurasan and Araqi had brought ducks (Siberian ducks who He is now, not the same destroy temples. The temple at the womenfolk had retained and and Kashmir, but because of the perceptible was a lack of conviction in the with him a few gifts, to the Kash- migrate to the lakes in the Valley Araqi, who is seen to go in a Koh-i-maran( Hari Parbat tem- held on to their cultural ties tena- storyline. Vidhu Vinod Chopra, mir royal court , one of which was during winters, 2009, 83). Music trance at the Wular. ple) is one among the many tem- ciously. The vestiges of the pre- change in the mind-set of the people. the Director probably wished to a fur-coat studded with twelve and dance, we know, are a part of By his second visit, Araqi ples destroyed and the book in an islamic faith, as Mir Sayyid Ali In Jammu , it was as usual celebrated with tell more about Kashmir, its soci- gold buttons. Six months went the Sufi tradition. Soon as the sto- begins to receive stronger sup- entire part refers to it under the Hamadani had found in the coun- ety and the various issues of the fervour and patriotic zeal , even in all district into the making of this fur-coat ries of Araqi's ecstatic dance port from the ruling clan and this heading, Arakismssion of try were still there. Now on his valley, but unfortunately these by the goldsmith who was known destroying idols and temples of second visit, he moves in a headquarters. Hardly any institution , any local- things did not come out in the for his art of gold work and the As the biography moves on we read, infidels. (2009, 209-276) Further planned manner. His men spread ity , any social gathering would have been left movie. (Screen, 3 November buttons of gold attested to his with the strong support that Araqi across the country and infact , as 2001) out where the flag was not unfurled amid chant- skill. that Araqi in the first visit to the receives from the ruling clan, we we read, "reached each and every This article today is about This obviously meant that take note of the fact that by his house. When they came to a ing of patriotic slogans and distribution of another mission in Kashmir, it is preparations were on for more Valley , had found that the second visit, " everyday groups homestead , they would get hold sweets and exchanging greetings. about the mission of a Muslim than six months at Herat for the of infidels numbering five hun- of a cow belonging to the house- missionary in mediaeval Kash- departure of Araki to Kashmir for womenfolk had retained and held dred to two thousand or even keeper, kill it and sit down and While the youth of the Union Territory had mir. The book,A Muslim Mis- his 'mission.' more came to the residence of eat beef in the company of the sionary in Mediaeval Kashmir greater expectations from the Government to Araki reaches Kashmir along on to their cultural ties tenaciously. Shmasu'd-Din bringing with womenfolk and family members (being the English translation of with a Mir Dervish who gives them the ceremonial thread ( zun- . Along with this they adminis- address their issues especially concerning their Tohfatu'l-Ahbab) by Kashinath him company in this long jour- The vestiges of the pre-islamic faith, nar)" once they had reached his tered the recitation of the kelima Pandit in 2009. The book is a careers and livelihood, the Lt. Governor in his ney.This biography of Araki pro- residence , " his subordinates and to the womenflolk of the house- biography of Samsu'd -Din message disclosed that the Government was vides details of how his mission as Mir Sayyid Ali Hamadani had Dervishes would take off the cer- hold, and taught the basics of reli- Muhammad Araqi an Iranian in Kashmir was accomplished, emonial thread from the necks of gion, the pillars of faith and the seriously working on "Mission for Youth", a Shi'a missionary of the Nur- and the text has referred to it as, the infidels and polytheists, teachings of Islam." (2009, 241) bakhshiyyeh order who visited found in the country were still there. novel and unique initiative for them. That had " to remove the darkness of kufr administer kelima to them , make It was indeed a forcible and Kashmir twice. The reason for (infidels) and aberration'' (2009, planned conversion which took in its bosom, opportunities of livelihood, skill his first visit to Kashmir was to Now on his second visit, he moves in them eat beef and get them cir- 64). cumcised."( 2009, 237-238) The place in the Valley of Kashmir to development, education, sports promotion, procure some herbs which were It is in his first visit that we convert the Kashmiri Hindus. necessary for treatment. These a planned manner. biography tells us that , " in each financial assistance, recreation, counselling see how Araqi establishes his (The author teaches Development herbs and medicines were to be locality and habitat , a 'master - and the like. Those members of the youth who Sufi credentials, as he is seen reach Srinagar and a lot more makes his mission in Kashmir, of mulla' was appointed to educate Studies , at the Centre for Jawaharlal Nehru found in the mountains of Kash- going into a trance at the cruise people of saintly disposition Studies Jamia Millia Isalmia) mir and the rocks of Tibet. Kash- bringing about a transition to the converts on the Quran, prin- were lured to walk into the destructive trap of at the Wular lake when he accom- become his disciple and his cir- Islam in the Valley easier. The ciples of Islam , system of offer- [email protected] violence and gun culture must see reason and understand the motive of those elements working for enemies of Jammu and Kashmir, which wanted these youth to be used as fodder Achhe Din of Jammu - Still a distant dream canon to meet their obnoxious political ends Rajan Gandhi level of stone laying leave alone parties and politicians compro- ness got severely hit with even Akhnoor highway as well as Jam- got reduced to State only and in and must choose what was right for them and inauguration. mise. Finally after wasting three pilgrimage tourism coming to mu-Kashmir highway speaks last six years from State got M candidate Modi's one Another incident which years with no promised dream near halt. about the work on ground. Rub- degraded to UT that again their families. lakh plus 'Lalkar Rally' at stunned and stung Jammu was development work at Jammu BJP It is very important to mention bing salts to wounds are numer- clubbed with Kashmir and the It goes to the credit of the erstwhile State PJammu on 1st December shifting of AIIMS allocated to realized that incidents of Kashmir that since independence Jammu ous toll plazas started in Jammu resultant 'Information Black 2013 was a turning point in 2014 Jammu region to Kashmir for were denting it's nationalistic has got raw deal continuously as region. Jammu AIIMS is still in Hole' has been enforced on Jam- Government under Governor that despite on- general elections as Jammu has which the Jammu BAR associa- image and could harm it's inter- far as development is concerned hibernation mode as no construc- mu also despite no incidence of going militancy, there was no let-up in develop- been fountain head of national- tion came forward and again on est at national level as such it with Jammu getting its present tion has started as yet where as terrorism anywhere for last six ism right from Dr. Syama Prasad mental activities which presently under the pattern of 2008 Shri Amar- finally withdrew support to PDP railway station in 1973 only after Bhatinda AIIMS sanctioned in months. Projection of Kashmir as Mookerjee's days and Modi ji nathji agitation whole Jammu coalition but pain of Jammu con- army faced lots of logistic prob- same official letter has already destination for tourism and Lieutenant Governor , were going on with zeal made a special mention of his came on roads which ultimately tinued unabated. lems in carrying the requisite started classes and OPD. Shelved investment with Jammu nowhere decades old association with and requisite tempo but the fact remains that forced centre to allocate two Meantime new governor SP material during 1971 war and that Dry Port Project, non starter in picture is the ground reality as Jammu and Nationalist Dogras, AIIMS, one for each region. After Malik took some time to under- very station is still used with no Akhnoor's Chenab water supply of now and this tilt is quite visi- with greater peace and tranquillity , more who have been keeping for death of CM Mufti Mohammed stand the things and once augmentation till date. Separate project, no replacement of Old ble even in Republic day tableau could be done and expected too from the factor decades Indian interest above Syed it took BJP three months to acquainted he was astonished at railway division for J&K seems City's rusted water pipes, failure itself also. Public is clueless when even their own. People of Jammu convince Mehbooba Mufti to the level of corruption in the to be a an impossible task as both to plan and implement anything this information blackout will be endowments . Hence there being no place or obliged with three parliamentary head the coalition government whole state and his public admis- MPs of BJP want it in their on SWM or STP for city garbage lifted, when delimitation will take scope for violence , peace was the only con- seats for BJP from Jammu and again and immediately after her sions regarding this menace were respective constituency. Same is despite 75 Corporators on job place, when statehood will be Ladakh. Riding on success of par- comitant to touch higher scales of growth and oath as CM this power syndrome eye opener for even Central Gov- the story of Jammu airport which speaks about stark reality and restored or when will develop- liamentary elections and with became evident once more when ernment. Governor took immedi- till date has not been upgraded to nothing else. All these things ment take place and return of KPs all round development. The constitutional Jammuites hoping their dream of in April 2016 NITstudents of Sri- ate steps to form ACB, Governor International one despite one were recently exposed during one to Kashmir is still a distant dream changes, despite avowed criticism, had breaking shackles of Kashmir nagar were ruthlessly beaten Malik revealed bungling in J&K crore tourists, in fact risking day city trip of LG who was as well. All this seems to be a hegemony for decades will come black and blue by our J&K police, Bank, state employees insurance every landing as emergency aghast to see the progress and mirage right now as visit of even opened new vistas of hope and development true as such in state elections also for hoisting National Flag at NIT scam as well as 'Roshni' land brakes are applied and reduced quality of various works. Only 36 Union Ministers have failed to and the gains emanating from this change BJP tasted victory by winning Srinagar! Hostels were vacated scam in which encroachers got payload is necessary due to short completed PMDP project, Jam- clear the mist as only removal of dream 25 seats, second only to 28 needed to be capitalised to find new opportuni- and students, majority of them state land at peanut rates due to airstrip. Jammu got GMC also in mu Ropeway is waiting for inau- articles 370 and 35A can neither of PDP. But Jammu region got being residents of other states, hand in glove official policy of 1973 but still many critical PG guration but every effort is being solve day to day sufferings nor ties , chances and probabilities. the first reality check when BJP were made to travel to Jammu revenue department, politicians courses are not available and made to sabotage even this vital aspirations of the public. Despite Could the efforts of the Government in this stitched alliance with PDP to without any security on their own and land mafia. Meanwhile Pul- shortage of staff and infrastruc- tourism project by various gov- no law and order problem in Jam- form Government to work in the surcharged situation. From wama and subsequently Balakot ture is a well known fact with no ernment departments itself. Trag- mu no major investment in pri- regard alone bring about necessary changes according to agenda of alliance in than onwards time and again happened and once again before remedy till now. Mere announce- ic part is despite almost zero vate sector has been done in Jam- especially wiping out the scars of cross border which all issues like Article 370, throughout during coalition gov- 2019 general elections Jammu ments of new airports or district development it's projected at mu in recent past with the result terrorism which for over three decades ravaged 35Aand delimitation of assembly ernment of BJP-PDP Jammu got became the centre stage of nation- hospitals are not going to serve Centre that there is no problem at unemployed youth migrating to constituencies were kept in consistently humiliated and pro- alism and nationalistic Jammu the purpose as people of Jammu Jammu and what Jammuites are other states for better prospects. and destroyed opportunities, prospects and abeyance. To speak frankly, BJP voked, be it biased employment once again voted for BJP candi- are now fed up with lip services just over expectation from BJP! Despite almost six years at Cen- ways leading to sustained development, the Lt. lost the battle that very day and list, release of stone pelters from dates for massive victories. Come only; projects are announced but BJP had already lost MP, tre, three years directly in after that for three years mandate Governor addressed this issue by exhorting Kashmir but no respite for Jam- August, PM Modi and HM Amit they never see the day light. Jam- Rajasthan, Chhattisgarh, Maha- alliance in state and two years of of Jammu was humiliated day in mu youth involved in 2008 agita- Shah finally took the call and ulti- mu River Front, Artificial lake, rashtra, narrowly holding Central rule in the state least vis- people to "come forward" to supplement initia- day out with BJP men parroting tion, distribution of funds, imple- mately Article 370 got abrogated Jammu Metro, Smart city, Haryana and Karnataka and rea- ible development is there on tives of the Government. all is well where as army got its mentation of GST, toll tax at along with Article 35 A and J&K Mubarak Mandi Heritage sons are not hard to find, obvious- ground. Over all one can say to hands tied and valley on the boil Lakhanpur, district status to State got divided into two UT's, restoration, helicopter services ly disconnect with people like in Jammu public to keep day for all these years, nothing gained Nowshera, Rohingyas or Rasana Ladakh and J&K. Internet block- all are in frozen mode for last six Jammu, unable to fulfill prom- dreaming 'Achhe Din' and bear Mini Secretariat Tral but all lost. Such was the scenario rape case. No action on Pakistan ade of entire J&K followed caus- years as mere announcements ised development. the never ending pain of transfor- that despite eighty thousand crore Zindabad sloganeering MLA ing numerous hardships to people and photo ops are the only visible Dreams of Jammu are shat- mation from State to UT as well ocal administration of Tral reportedly plus financial package by PM despite Speaker being of BJP of Jammu also despite Jammu things on the ground. Much tered once again and ours once 21 as 4G to 2G. Modi no development project showed how lust of power make being incident free till now. Busi- delayed four laning of Jammu- Gun Salute Princely State of J&K [email protected] has been approaching the Government could be undertaken even to the about the hiccups in the construction L (The views expressed by the authors are their personal) activities of the Mini Secretariat and pleading for releasing of the funds but of no avail. Erratic , un assured and thereafter total stop- Sterling performance by J K team CIC office in J&K ping of releasing of funds for this secretariat Sir, Sir, has increasingly affected its works due to As we know hardwork, proper guidance and encouragement are the key fac- This refers to news item "Appoint PIO's FAA's : Govt to all Deptts (Daily Human Non-Veg Sir, which it is still incomplete. Could it now be list- tors for success. The best example of this has been provided by JK cricket team Excelsior 10.01.2020 in which concerned authorities have been directed to in this season of Ranji trophy. Our state cricket team which does not have too appoint Public Information Officer's and First Appellate Authority to all Govt Refer letter titled "Human Non-Veg " DE ed among the "languishing projects" , the local many big names but still is the Elite group C table toppers of this year and their Deptts. Till date even after the lapse of over two months the Government of J&K Jan 11, 2020. In this context I would like to administration wants it be salvaged through qualification for quarter final is almost confirmed after 2013-14 season in which Union Territory has not started acting on various important provision of the Cen- pay due regards from core of my heart to the tral Right to Information Act 2005 much to the disappointment and confusion they had also performed brilliantly by reaching semi finals . This year they have author who has taken due pain to put in pub- that process and once approval was accorded of the RTI activists. That hundreds of appeals and complaints pending before already 32 points which is the highest among all the Groups including Elite lic domain the ultimate trauma /pain suffered State Information Commission have remained undisposed as this commission to that effect, all its 'vows' would be over. groups. This year's performance speaks a lot about the hardwork which these by countless animals to satisfy greedy men's guys have put together to reach this stage. The mentorship of Irfan Pathan and like several others commissions has been abolished under J&K Re-organisation Jammu and Kashmir Projects Construction Act 2019. When PIO and FAA failed to furnish the reply of RTI information taste. Really if the constitution grants various Corporation is eager to proceed and pick up its leadership of Parvez Rasool has been also brilliant. With the brilliant role played kinds of rights to human beings to enjoy life by these two guys, we can't ignore some magnificent individual performances seeker and in some cases they do not want to furnish the reply to cover their wrong work done. to optimum extent then why cannot a consti- pace of work on the complex but what could by some guys like the new hitting sensation Abdul Samad , who recently scored It will be impossible for the ordinary citizen of J&K to approach Central Infor- tution be framed to protect living rights of 75 ball 128 including 11 sixes in that inning. With Samad there have been also be done without funds. mation Commission New Delhi and file 2nd appeal/complaints on line. It is duty speechless animals who face ultimate trauma Residents of Tral and adjoining areas are some wonderful alround performances by Aquib Nabi and also by others play- of Govt to set up a bench of Central Information Commission in Union Territory of their life when they are dragged for slaugh- ers like Shubham Khajura, Shubham Pundir and by skipper himself . The anoth- teering. From spiritual point of view , it is having high expectations from this building as Jammu and Kashmir that would hear complaints and appeals under Central RTI er major factor for this years performance has been the fast bowlers of the team; Act 2005. It is very difficult for people of far flung areas to visit New Delhi time totally undesirable and prohibited too.So a they would be relieved of lot of inconvenience both the speedstars Mudhasir and Umer have been bowling well and have and again for persuing their cases. This is highly impossible and the result will be way forward in this direction will really pave under its one roof and are sore about the poli- already bagged 26 and 27 wickets only in 6 matches till now in tournament and decrease in seeking information under Central RTI Act 2005. the way for peaceful world and universe as both have been supported well by Aquib , Abid and Parvez himself . It is therefore appealed to the Jitendra Singh MOS, also Minister of DOPT well .I do agree that the unrest in the lives of cies of the Government in declaring about a As the team is going through a green patch and almost every team member to look into the matter and set up a branch of Central Information Commission human beings is really a result of mens cru- project but not supporting the same with requi- is in good form , the team should take the advantage of its momentum and should New Delhi, in the Union Territory of Jammu and Kashmir. This will be a great elty towards speechless animals and once it site funds. We , however, hope that the aim for something big either to reach up to the final or to bring the trophy home service to people living in this part of the country. is stopped the whole world would become first time in J&K's cricket history. I hope the team will keep its momentum going Subash Chander Tidyal peaceful . Government would look into the matter urgent- , will continue its winning streak and will make all of us proud this year . Housing Colony Sushil Sharma Bhadarwahi ly. Mubashir Tarray Janipur, Jammu Gatha Bhaderwah