Tag: quash

  • Indian anger and Chinese indifference quash hopes of border resolution

    Indian anger and Chinese indifference quash hopes of border resolution

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    India’s defence minister has accused China of border aggressions that have “eroded the entire basis” of their relationship, as negotiations over the line of actual control (LAC) remain deadlocked.

    On Thursday, China’s defence minister, Li Shangfu, landed in Delhi for the Shanghai Cooperation Organisation (SCO) summit. It is the first visit to India by a Chinese minister since 2020, when 20 Indian and four Chinese soldiers died in clashes along the Himalayan border in Ladakh and the two sides came the closest to war for almost 70 years.

    A screengrab from footage recorded in mid-June 2020 showing Chinese and Indian soldiers during an incident where troops clashed on the border in the Galwan Valley.
    A screengrab from footage recorded in mid-June 2020 showing Chinese and Indian soldiers during an incident where troops clashed on the border in the Galwan Valley. Photograph: Tengku Bahar/AFP/Getty Images

    Since then, according to Indian former army officers and defence experts, the situation along the 2,100-mile (3,500km) disputed LAC, remains on a knife-edge. It continues to be militarised on both sides, with 18 rounds of military talks having failed to de-escalate the tension, and many still fear the possibility of large-scale conflict.

    India’s defence minister, Rajnath Singh, told Li during the talks on Thursday that the deployment of large numbers of Chinese troops and the “violation of existing agreements has eroded the entire basis of bilateral relations”. Li, however, called the situation “generally stable” and sought to distance bilateral relations from the border dispute.

    Rajnath Singh, right, talking with Li Shangfu, second left, at the SCO summit in New Delhi.
    Rajnath Singh, right, talking with Li Shangfu, second left, at the SCO summit in New Delhi. Photograph: Manish Swarup/AP

    Among both India and China watchers, there is not much optimism that Li’s visit will do anything to resolve the tensions. Some reports estimate that India has lost 40% of patrolling points in the region of Ladakh to the Chinese People’s Liberation Army (PLA). The Indian government has denied any loss of territory.

    “There is a huge discrepancy in the narrative of both sides,” said Pravin Sawhney, an Indian army veteran and author of The Last War: How AI Will Shape India’s Final Showdown with China. “There cannot be rapprochement between the two sides because it is a fact that the Chinese are sitting on Indian territory.”

    The SCO meeting is taking place amid growing concern in China over India’s relationship with the US and a converging of their strategic interests when it comes to China. According to a report in March, India was able to ward off a potential Chinese military border incursion as a result of real-time intelligence and satellite imagery provided by the US about Chinese border positions. It was said to have enabled India to “catch Chinese armed forces off guard” and reportedly enraged Beijing.

    Border provocations from China have continued despite strong condemnation from India. In December last year, more than 20 Indian soldiers were injured in a clash with Chinese troops in the eastern state of Arunachal Pradesh, in what India described as a Chinese attempt to “transgress the border”.

    Indian activists protesting against China in New Delhi in December last year after the clashes in Arunachal Pradesh.
    Indian activists protesting against China in New Delhi in December last year after the clashes in Arunachal Pradesh. Photograph: Rajat Gupta/EPA

    In March, China announced it was “renaming” 11 places in Arunachal Pradesh that it claims as part of Tibet. India’s home minister visited the border region that same week, stating that “times when anyone could encroach on Indian land have passed”. Beijing hit back, calling the visit a violation of its territorial sovereignty.

    While there has been disengagement in some areas, Indian army officers and defence experts said about 1,500 sq km in Ladakh taken over by the PLA in 2020 remained under Chinese control. Two main areas of contention in Ladakh are Demchok and Depsang, which were previously patrolled by Indian troops but are now occupied by PLA soldiers.

    Deependra Singh Hooda, the Indian army’s former chief of the Northern Command, described the situation there as tense.

    “Depsang and Demchok areas are tactically important for India; but after so many rounds of talks there is no move forward and there does not seem any inclination from the Chinese side to resolve it quickly,” he said.

    “The Chinese are preventing the Indian soldiers access to a large number of patrolling points,” Hooda said. “By sitting in this area, China is denying India access to a fairly large area.”

    People living near the border in Ladakh allege that in the disengagement negotiations, New Delhi has ceded land to Beijing by agreeing to the creation of buffer zones – where neither side can patrol – in land that was previously claimed by India, specifically in the disputed Pangong Tso and Chushul areas.

    “These buffer zones have been created exclusively in the Indian territory ,” said Konchok Stanzin, a local councillor. “Chinese troops are still patrolling up to their claim line.”

    Motorbike riders cross into the Himalayan Sela pass in Tawang, Arunachal Pradesh.
    Motorbike riders cross into the Himalayan Sela pass in Tawang, Arunachal Pradesh. Photograph: Arun Sankar/AFP/Getty Images

    Even officers who have been part of the military negotiations allege there is an intransigence on the Chinese side to defuse the situation. In the latest round of military talks this week before the SCO summit, “no mutually acceptable solution could be reached”, according to the Indian side.

    “The PLA officers are generally curt to us during these meetings,” an Indian army officer, who has been part of several negotiations, said on condition of anonymity. “These meetings turn frustrating for us as the Chinese officers speak mostly Mandarin, which we cannot understand. They remain very economical with English.”

    The tensions are most visible in the frenzied infrastructure race along the border. China has been building new highways, railway lines, bridges, air strips and sophisticated military bases, modern housing and 5G towers, while India – which historically avoided developing areas near the Chinese border in order to prevent any provocation – has been left behind, with many of its border areas still impoverished.

    While India might have passed China in population size, it is nowhere close in terms of its economy and military spending. In 2022, China spent $230bn (£184bn) on the defence budget; three times more than India.

    “China has used infrastructure development as an excuse to escalate conflict and make incursions into Indian land,” said Maj Gen Amrit Pal Singh, the retired former head of army operational logistics for Ladakh. “In this kind of situation we have to react so that they cannot take any piece of our land. So India has doubled its focus on infrastructure near the border with China.”

    Indian security forces accompanied by a sniffer dog clear an area near the Zojila tunnel.
    Indian security forces accompanied by a sniffer dog clear an area near the Zojila tunnel. Photograph: Farooq Khan/EPA

    In January, Rajnath inaugurated 27 infrastructure projects aimed at strengthening the border infrastructure, and India is speeding up the construction of 37,500 miles of roads, 350 miles of bridges, 19 airfields and a few tunnels near, or leading to, the border. It is also strengthening aerial connectivity, with at least four new air strips and about 40 helipads being built in Ladakh.

    The scale and speed of this infrastructure push can be seen in an ambitious 8-mile tunnel being built in the Himalayan range, at an altitude of about 3,000 metres, to provide all-weather connectivity to Ladakh. Even as temperatures have dropped in winter, hundreds of workers and engineers have been instructed to work day and night to complete the $1.4bn Zojila tunnel.

    “We are building this tunnel as swiftly as possible, keeping in mind that this is important for the defence of our country as there is a looming threat on the border from China,” said Harpal Singh, the head of the project.

    Hooda was among those who believed the border situation was nowhere near being resolved. “Both sides are looking at each other with a great deal of suspicion,” he said.

    “There is greater aggressiveness in patrolling. Physical clashes are taking place, soldiers are getting injured though no shots are being fired. These local incidents could spiral out of control; that is the big worry.”

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    ( With inputs from : www.theguardian.com )

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

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

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    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.

    MS Education Academy

    “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.

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    #Remarks #Art #abrogation #Bombay #refuses #quash #FIR #Kashmiri #prof

    ( With inputs from www.siasat.com )

  • Bombay HC Rejects Professor’s Plea To Quash FIR For “Aug 5 Black Day For JK” Status

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    SRINAGAR: The Bombay High Court has declined to dismiss a criminal case against a college professor from Kolhapur, who shared a message on his WhatsApp status that referred to the abrogation of Article 370 as “August 5 Black Day (for) Jammu and Kashmir.” The basis for the FIR was two WhatsApp statuses he posted, one stating “AUGUST 5 BLACK DAY JAMMU & KASHMIR” and the other saying “14th August Happy Independence Day, Pakistan.” The Central government revoked Article 370 of the Indian Constitution, which provided special status to Jammu and Kashmir, on August 5, 2019, reported The Hindustan Times.

    “In our view, this message has the tendency to play with emotions of different groups of people as there are strong feelings of contrasting nature about the status of Jammu and Kashmir in India,” The Hindustan Times reported while quoting the bench of justice Sunil Shukre and justice MM Sathaye while rejecting plea filed by Javed Ahmad Hajam, a professor with Sanjay Ghodawat College in Kolhapur.

    Hajam appealed to the High Court to dismiss the FIR filed against him by the Hatkanangale police station in Kolhapur district under Section 153-A of the Indian Penal Code, on charges of promoting enmity between different groups based on religion, race, place of birth, residence, language, caste, community, or any other grounds that could lead to disharmony or feelings of hatred or ill-will. The FIR was based on two WhatsApp statuses that he posted, one stating “AUGUST 5 BLACK DAY JAMMU & KASHMIR” and the other saying “14th August Happy Independence Day, Pakistan.” Hajam was a member of a parent-teachers association WhatsApp group at the college, and someone from the group reported the matter to the police.

    Hajam argued that he did not share any derogatory message or any message with the intention of stirring up hatred or ill-will. He claimed that his status messages did not cause any disharmony or disturbance of public tranquillity. However, a prosecutor opposed his plea, stating that the petitioner, a college professor, expressed his likes and dislikes in a casual manner without providing any reason or justification, which could lead to an initial inference of an offense punishable under Section 153-A. The High Court agreed with the prosecutor’s argument and rejected Hajam’s petition.

    The bench said in a democratic country like India, with a fundamental right of freedom of speech and expression available to its citizens, “every word of criticism and every view of dissent is important for maintaining democracy in a good state of health.”

    The court stated that in sensitive matters, it is important to express critical words or dissenting views only after conducting a thorough analysis of the situation and providing reasons for the criticism or dissent. The bench added that this is particularly important when emotions and sentiments surrounding the thing or aspect being criticized vary greatly among different groups of people. In such cases, criticism or disagreement should be accompanied by in-depth analysis and reasons so that it appeals to reason rather than emotions.

    “Whenever an appeal is to the reason, there is the least possibility of stirring up emotions and whenever an appeal is to the emotions, the reason is the casualty,” the bench said. “And, when reason falls victim to emotions, there results ill-will, hatred, public disturbance and negativity all around. Such is the importance of criticism based upon critical analysis and same being not here, now it would be required to be examined on merits; if the WhatsApp status message in question, really brought about the consequences contemplated under Section 153-A of the IPC or not, which would be possible only upon appreciation of evidence at the trial.”

    HC said prima facie posting of the DP constituted an offence under section 153-A of IPC.

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    #Bombay #Rejects #Professors #Plea #Quash #FIR #Aug #Black #Day #Status

    ( With inputs from : kashmirlife.net )

  • Minority Leader Mitch McConnell will return to the Senate on Monday, moving to quash speculation about his future. 

    Minority Leader Mitch McConnell will return to the Senate on Monday, moving to quash speculation about his future. 

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    The Kentucky Republican has been out of the building since he fell last month.

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    #Minority #Leader #Mitch #McConnell #return #Senate #Monday #moving #quash #speculation #future
    ( With inputs from : www.politico.com )