Tag: abrogation

Remarks on Art 370 abrogation: Bombay HC refuses to quash FIR against Kashmiri prof

[ad_1]
The Bombay High Court refused a petition which sought to quash an FIR report registered against a young Kashmiri professor for his WhatsApp status that read, “August 5 Black Day for Jammu and Kashmir” in reference to the abrogation of Article 370.
Javed Ahmed Hajam, the professor of Kolhapur College, who originally hails from Baramulla in Kashmir had allegedly, in 2022, put two WhatsApp statuses in a group of parents and teachers. In one he termed August 5, 2019, a black day. On the 2nd, he greeted Pakistan for its independence on August 14.
On Friday, the bench of Justice Sunil Shukre and MM Sathaye beheld that in a democratic country like India, there is a fundamental right to freedom of speech and expression under Article 19. But they said that any critical words or dissenting opinions must be expressed properly after analysing the whole situation in a sensitive matter.

“The first message which has been posted on the WhatsApp application by the petitioner is, without giving any reason and without making any critical analysis of the step taken by the Central Government towards abrogation of Article 370 of the Constitution. In our view, this message has the tendency to play with the emotions of different groups of people in India as there are strong feelings of contrasting nature about the status of Jammu and Kashmir in India and, therefore, one has to tread cautiously in such a field, lest the emotions may reach up to such a level as to bring about consequences or a reasonable possibility of consequences visiting as envisaged in Section 153-A of Indian penal code (IPC),” the order stated.
Bench concluded by saying that the case was a matter of trial to investigate whether an accused is really implicated in the offence under section 153A of IPC
The court refused to quash the FIR, stating, “As of now, prima-facie it does appear to be having much impact on the mind of different groups of people, for the reasons stated just now, and therefore prima-facie constitutes the offence under Section 153-A of IPC.”
It pertains to say, Articles 370 and 35(A) which gave special status to the erstwhile Jammu and Kashmir state in terms of autonomy and its ability to formulate laws for the state’s permanent residents was nullified under the BJP-led government on August 5, 2019.

[ad_2]
#Remarks #Art #abrogation #Bombay #refuses #quash #FIR #Kashmiri #prof
( With inputs from www.siasat.com )

April 15, 2023
After abrogation of Article 370 in 2019, Eid prayers to be offered at Eidgah Sgr

[ad_1]
Srinagar, Apr 04: For the first time after the abrogation of Article 370 in 2019, the historic Eidgah is all set to witness Eid prayers in Srinagar where the authorities have started the process to make elaborate arrangements this year.
Talking to the reporters, the Jammu & Kashmir Waqf Board Chairperson, Dr Darakshan Andrabi, as per the news agency—Kashmir News Observer (KNO) said that in case of favourable weather conditions, the Eid prayers will be offered at Eidgah here.
She said that this year the Eid-ul-Fitr prayers will be held at Eidgah, adding that the whole administration has visited the Eidgah to ensure that in the peaceful Kashmir, the people would offer the Eid prayers in a peaceful atmosphere here.
“Eidgah is the face of Srinagar and we will ensure that the place is developed in a well manner,” she said, adding that they have visited Eidgah today to begin a process of making elaborate arrangements for smooth Eid prayers.
Deputy Commissioner (DC) Srinagar, Muhammad Aijaz Asad told reporters that the Waqf Board had raised several issues like drainage, encroachment, lighting and other things.
“A proper demarcation will be done to identify the encroached land of Waqf Board. A few works regarding the lighting, drainage and beautification of Eidgah will be started to restore all the utilities of the Eidgah,” he said.
Pertinently, the Eid prayers have not been allowed at Eidgah since the abrogation of Article 370 in Jammu & Kashmir on August 05, 2019—(KNO)

[ad_2]
#abrogation #Article #Eid #prayers #offered #Eidgah #Sgr
( With inputs from : roshankashmir.net )

April 4, 2023
Stone Pelting, Protests Ended In Kashmir After Article 370’s Abrogation: Amit Shah

[ad_1]
SRINAGAR: Union Home Minister Amit Shah said that stone pelting has stopped in Kashmir and now there are theaters running and tourists visiting the Valley.
“There used to be stone pelting and violence in Kashmir but now these things have stopped. There are theatres running and 1.8 crore tourists have visited the Valley in a year,” he said while speaking at an event in Nagpur, Maharashtra.
Shah said when Article 370 of the Constitution of India granting special status to Jammu and Kashmir was abrogated, speeches were made in Parliament that blood will flow in Kashmir. But no one even pelted a single stone, leave aside the pool of blood, he asserted.
The Home Minister said the country has seen an 80 per cent reduction in violence in Kashmir, insurgency in the Northeast and left-wing extremism under the Narendra Modi Government.
“Today, I can say that there has been an 80 per cent reduction in violence in Kashmir, insurgency in the Northeast and left-wing extremism under the Modi Government,” he said.
The Home Minister said visiting of 1.8 crore tourists in the Kashmir Valley in one year is a “big thing”.
There had been investments worth Rs 12,000 crore in Kashmir in 70 years but under the Modi Government, it has got Rs 12,000 crore in just three years, he said.
“Each home in Kashmir has been provided with tap water and electricity, which is a huge change,” Shah said.

Insurgency has significantly come down in the Northeast, he said, stressing that the Armed Forces (Special Powers) Act (AFSPA), a controversial statute, has been withdrawn from about 60 per cent of the area in the Northeast.
PM Modi’s vision is to see India at the top in the world, said the Minister.
Explaining the three big aims of ‘Amrit Kaal’, the 25-year period culminating in the centenary of India’s independence, mooted by PM Modi, Shah said the first goal is to showcase the sacrifices of freedom fighters before the present generation.
The second aim is to bring before the people the progress made by the country in the past 75 years, while the third aim is to ensure that India reaches the top in all sectors in the next 25 years, said the Home Minister.
He said India is becoming “atmanirbhar” in defence production – with 70 per cent self-reliance – and asserted that the country is turning into a manufacturing hub in the world under Modi.
The Government has been taking decisions that are beneficial to the people, he said, adding that India will be leading the world in hydrogen production in two to three years.
“Similarly, India will be way ahead in the field of satellites in four to five years,” he said.
Indian start-ups are also proving their mettle to the world, he said.

[ad_2]
#Stone #Pelting #Protests #Ended #Kashmir #Article #370s #Abrogation #Amit #Shah
( With inputs from : kashmirlife.net )

February 19, 2023
Supreme Court To Consider Early Hearing Of Pleas Challenging Article 370 Abrogation

[ad_1]
SRINAGAR: The petitions challenging the nullification of Article 370 of the Constitution could be taken up for hearing soon as Chief Justice of India DY Chandrachud on Friday said he would take a call on their listing.
“I will take a call on it,” according to newspaper The Tribune the CJI told senior advocate Raju Ramachandran who mentioned the matter and sought listing of petitions against doing away with Article 370 which gave a special status to the erstwhile state of Jammu and Kashmir that also used to include Ladakh.
Earlier, the CJI had said that he would examine and give a date for listing of petitions, challenging abolition of Article 370 and bifurcation of Jammu and Kashmir into union territories, which have been hanging fire for more than three years.
On September 23 last year, CJI Chandrachud’s predecessor Justice UU Lalit had agreed to take up these petitions after the 2022 Dussehra vacation but the matter hasn’t been taken up for hearing so far.
The Supreme Court had on February 13 dismissed a petition challenging notifications for delimitation of assembly constituencies in the newly created Union Territory of Jammu and Kashmir, saying “there is absolutely no merit in any of the contentions raised by the petitioners”.
A Bench of Justice SK Kaul and Justice AS Oka had, however, clarified that it had not ruled on the validity of the Jammu & Kashmir Reorganisation Act, 2019, which is pending before another Bench.
The top court had on August 28, 2019 referred petitions challenging Presidential Orders nullifying Article 370 of the Constitution and bifurcation of Jammu and Kashmir into union territories to a five-judge Constitution Bench. In March 2020, it had refused to refer it to a larger Bench of seven judges.
There are around two dozen petitions challenging the Presidential Order nullifying Article 370, including those by Delhi-based advocate ML Sharma, Jammu and Kashmir-based lawyer Shakir Shabir, National Conference Lok Sabha MPs Mohammad Akbar Lone and Justice Hasnain Masoodi (retd), bureaucrat-turned-politician Shah Faesal and his party colleague Shehla Rashid.

There is another PIL filed by former interlocutor for Jammu and Kashmir Radha Kumar, Air Vice Marshal Kapil Kak (retd), Major General Ashok Mehta (retd), and former IAS officers Hindal Haidar Tyabji, Amitabha Pande and Gopal Pillai, who have urged the top court to declare the August 5 Presidential Orders “unconstitutional, void and inoperative”.
As the petitions didn’t get listed after March 2, 2020, former Jammu and Kashmir MLA Mohammed Yousuf Tarigami had moved the Supreme Court in August last year seeking an early hearing of petitions challenging the validity of abrogation of special status of the erstwhile state.

[ad_2]
#Supreme #Court #Early #Hearing #Pleas #Challenging #Article #Abrogation
( With inputs from : kashmirlife.net )

February 17, 2023
Abrogation Of Article 370 Gave Shape To Ideology Of One-Nation: Rana

[ad_1]
SRINAGAR: Describing abrogation of Article 370 as a landmark and path breaking political initiative in the history of independent India, Senior BJP leader Devender Singh Rana today said the constitutional amendment by Parliament of the world’s largest and greatest democracy on August 5, 2019 was a step towards realization of the concept of ‘one nation, one people’.
“With this temporary provision gone, the citizens of India from Kanyakumari to Kashmir and North East to Kuchh are emotionally and psychologically connected as one people,” Devender Rana said while interacting with student activists of Akhil Bharatiya Vidyarthi Parishad (ABVP) from North Eastern States, currently on National Integration Tour under Students’ Experience in Inter-state Living (SEIL) at the picturesque Surinsar.
Rana added: “Removing the discriminatory special status of Jammu and Kashmir gives a better shape to the ideology of one nation”.
He said the changing scenario across the country is manifestation of Prime Minister Narendra Modi’s urge to make India a global leader with his mission of Sabka Saath, Sabka Vikas, Sabka Vishwas, Sabka Pryas. This is only possible when Indians, irrespective of region, religion, caste or race mould themselves as ‘one people of one nation’. Much headway has been made in this regard during the past nearly nine years with everyone, especially the youth, working towards the progression of the country, he added.
Rana recalled the scenario in the North East prior to 2014 and said the despair of yesteryears has been overtaken by hope and promise of a better tomorrow. The region has really come out of the era of instability and is fast steering towards stability and peace.
He said the challenges faced to the North East and Jammu and Kashmir were not conducive years ago but the strong leadership at the Centre has made all the difference. While the NE is scripting a new saga of progress and development, J&K is at the threshold of becoming part of the country’s growth story. The nightmarish era of stone pelting and hartal culture in Kashmir is now history and the Valley is humming with economic activity and development like Jammu and any other part of the country, he maintained.
Rana, however, cautioned against the elements inimical to India’s spirit of unity, who are engaged in the sinister machinations of dividing the people on the basis of religion and caste. He exuded confidence that the youth of India will play a decisive role in foiling their game plan by maintaining unity and tranquillity.
Senior BJP leader Rana hoped that the youth exchange under SEIL will provide an opportunity to the youngsters to know their nation better and understand its diverse character and the challenges ahead. The activists of the ABVP will have to play their designated role in bringing youth together under the banner of One India. The youth represent the aspirations of vibrant India, he said, adding that the decisive leadership of the Prime Minister is fully capable of satiating these as per their expectations.

He lauded the initiative of SEIL –founded in 1965 as an initiative of the then members of Akhil Bharatiya Vidyarthi Parishad under the presidency of Acharya Giriraj Kishore and hoped that such visits will promote the feeling of brotherhood between youths from northeast India and the rest of the nation.
The SEIL comprised the ABVP activists from North East, Nagaland, Manipur, Meghalaya, Tripura, Arunachal Pradesh, Assam and Manipur.
Prominent among those present on the occasion included, Akshi Balioria State Secretary ABVP Jammu and Kashmir; Tilak Thakur, State Organising Secretary; Novjot Jasrotia, State SEAL Coordinator J&K, Nirdesh Khajuria, Jammu Mahanagar Organising Secretary; Chahat Anand, State Joint Secretary besides Sarpanch Surinsar Bodh Raj, Sarpanch Chilla, Krishan Singh, Sarpanch Nadore Rajinder Singh, Sarpanch Khanpur Mohd Iqbal, Sarpanch Pounthal Anil, Ex Sarpanch Subash Singh, Pritam Singh, Mohd Amin, Abdul Mehmood, Balbir Singh, Mohd Sadiq, Bhushan Singh and others.

[ad_2]
#Abrogation #Article #Gave #Shape #Ideology #OneNation #Rana
( With inputs from : kashmirlife.net )

February 7, 2023
Why Pak is demanding reversal of abrogation of Art 370 for resuming dialogue with India

[ad_1]
Ever since Pakistan Prime Minister Shehbaz Sharif made an offer to his Indian counterpart Narendra Modi to hold “serious and sincere” talks to resolve burning issues, including Kashmir, on January 16, there has been a lot of buzz as to how the two countries should resume their long- suspended dialogue to ease the relations. Within a day after Sharif made this offer, during the course of an interview with the UAE based TV network, “Al-Arabiya”, Pakistan PM’s office stated that there cannot be any dialogue with India unless or until Delhi reverses all the decisions on August 5, 2019.
The August 5, 2019 decisions made by New Delhi can be decoded quite easily. The Special status of the state of Jammu and Kashmir, granted and guaranteed by Article 370 of the Indian Constitution, was scrapped. All the symbols of special status – separate constitution, separate flag and all-powerful state legislature which had the powers to frame its own laws, facilitate or stall the federal laws,- were done away with. Alongside, the special privileges of the permanent residents of Jammu and Kashmir to have sole right to their land and jobs were also withdrawn. That, in simple words, translated this complicated situation, that the people of Jammu and Kashmir, on this side of the Line of Control were Indianized” in all senses of the words. They were as privileged or ordinary citizens as the people in the rest of the country.
Why Pakistan is insisting on the reversal of the August 5, 2019 decisions and making it as a condition for resumption of the dialogue with India. The nation that had been calling for the implementation of the UN resolutions on Kashmir, that is, to grant right to self-determination to the people of Jammu and Kashmir, scaled down its demand to the restoration of the special status and the statehood. There is a method in this. Pakistan was never in favour of Article 370 which determined the constitutional relation between J&K and Delhi until August 5, 2019. Sudden love for Article 370 of the Indian constitution, are based on its own logics. It fears that Kashmir would lose its Muslim-majority character as the new laws have opened floodgates for Indians from other parts of the country to buy land and set up their businesses. Pakistan has always counted, the Muslim-majority character of Jammu and Kashmir, as an asset. It had made the similar argument in 1947 while claiming that the state should be part of Pakistan. The Muslim-majority character of J&K also gives it a religion-driven argument to highlight Kashmir issue.
Islamabad, no doubt, has sensed that the Indianization of the Kashmiri Muslims in fullest terms, would leave it with no stakes on Kashmir and it may find edged out of the whole discourse and discussions on Kashmir. It wants to inflict on the growing sense of the Indianness in J&K The optics have started changing already. It is difficult to discern that all this is voluntary or manifestation of some kind of inner feelings, but the fact remains that greatest symbol of Indian nationalism- the national tricolor, is becoming visible almost everywhere in the Valley. There is no challenge to it. These optics have become more pronounced and profound when contrasted with the past, and also that how the world has come to see Kashmir in the post-Article 370 abrogation. All the fears that Kashmir will be a land red with blood once its special status is revoked have come untrue. People exercised their wisdom, avoided clashes and saved themselves from death and destruction.
Pakistan is angry over it, and that’s why it is making all sorts of excuses in suppressing prospects of dialogue with India
[ad_2]
#Pak #demanding #reversal #abrogation #Art #resuming #dialogue #India
( With inputs from www.siasat.com )

January 27, 2023
Terrorism alive in J-K despite abrogation of Article 370: Digvijay Singh

[ad_1]
Jammu: Terrorism is alive in Jammu and Kashmir despite the abrogation of Article 370, senior Congress leader Digvijay Singh said on Sunday.
Singh said the recent terror attacks including the one at Dhangri village in Rajouri district are worrisome.
The former Madhya Pradesh chief minister made the remarks after visiting terror attack victims at the Government Medical College Hospital here. Singh was accompanied by senior party leader Jairam Ramesh and J&K Pradesh Congress Committee chief spokesperson Ravinder Sharma.
“First of all, we condemn the terror attacks in Dhangri in Rajouri and Narwal in Jammu. The situation in J&K is not what is being propagated after the abrogation of Article 370. Targeted and selective killings and bomb blasts have started once again,” Singh told reporters.
While seven persons belonging to a particular community were killed in terror attacks in Dhangri village of Rajouri on January 1 and 2, twin blasts at Narwal in the outskirts of Jammu left nine persons injured on Saturday.
“One of the survivors from the Dhangri attack has become disabled for life and the government has provided him Rs 1 lakh. We want a permanent rehabilitation policy for such victims so that they can live their life without being dependent on anyone,” Singh said.
“We do not want any political mileage out of these worrisome incidents but we cannot ignore one thing that the terrorism is still alive in J&K even after the abrogation of Article 370,” he said.
The Congress leader said divisive politics is neither good for Muslims nor Hindus. “This country belongs to all of us and we all need to work together for the country. The Kashmir and Jammu (divisions) are both part of India and they should be treated equally and the policies be framed keeping in mind the problems of the region.”

Ramesh, Congress general secretary, said the delegation visited the hospital on behalf of Rahul Gandhi, Bharat Jodo Yatra and Congress party to enquire about the condition of injured.
“The blasts that have taken place in Narwal are just 1.5 kms from the bypass through which the Bharat Jodo Yatra is scheduled to pass (on Monday). It is a concern for us and we hope the administration will make necessary security arrangements,” he said.
When asked, Ramesh said he cannot say whether the blasts were carried out to stop the yatra. “The intelligence agencies and security agencies can comment on it but we are sure that the support we got from the Lt Governor (Manoj Sinha), his advisors and forces for the yatra will continue.
“The administration is as much concerned over the incident as we are. We will move along the Narwal road as per our schedule,” he said, adding the Congress is for zero tolerance against terrorism.
[ad_2]
#Terrorism #alive #abrogation #Article #Digvijay #Singh
( With inputs from www.siasat.com )

January 23, 2023