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Modi visit would change destiny of Kashmiris: Mufti

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By Arka Mondal

Despite the escalating media hype around the slated Kashmir rally of PM Modi, traders and civil society activists in the valley have not pinned many hopes on the visit. Modi government’s failure to release the flood package (for the devastating September 2014 floods) even after over a year has irked many in the state.

Though PDP has failed to justify its decision of joining hands with the BJP, it sounded positive regarding the visit. Claiming the visit to be akin to ‘Vajpayesque approach’, Jammu & Kashmir Chief Minister Mufti Muhammad Sayeed said that Modi’s visit would change the destiny of the people of Kashmir.

Though PDP and the BJP are, ideologically, poles apart, the PDP leaders are working to set the tone for the Modi rally. They testified that they wanted to rationalize their move of forging a partnership with the political major of India.

The party went to the extent of claiming that Modi might speak about a probable dialogue with arch rivals Pakistan from the podium of Srinagar’s Sher-e-Kashmir Stadium. This comes at a time when Hurriyat chairman Syed Ali Geelani has proposed to hold a rally on the TRC Ground on the same day to thwart the BJP juggernaut in the Kashmir valley.

However, there are hints that Modi might hold dialogues with separatist outfits as BJP cognizes the importance of Kashmir in making India a dominant force in the region.

The pro-PDP faction, however, expects a lot from the visit. In a bid to pacify them, Modi is expected to reach out to all stakeholders; declare a proper rehabilitation package of at least Rs 10 lakh to Rs 15 lakh for each person of the business community; a tax waiver for at least 10 years; and cash compensation so that businessmen are able to recover their losses due to the floods.

Government sources revealed that Modi would announce a development package worth Rs 1 lakh crore which would include Rs 72,000 crore for new projects and for relief and rehabilitation works in the flood-ravaged state.

The Kashmiris, in general, are not much enthused when Indian premiers visit their state. And there are obvious reasons for that. Developmental projects have always been ignored in the region. When former PM Rajiv Gandhi declared a Rs 1000 crore package aid, Rs 992 crore were meant for National Hydroelectric Power Corporation (NHPC) and a further Rs 6 crore were spent by the then chief minister, Farooq Abdullah, on converting the city forest into a golf course, leaving just Rs 2 crore for different developmental projects. Similarly, out of the Rs 24,000 crore package announced by Manmohan Singh, Rs 18,000 crore was just meant for NHPC.

Kashmiris are familiar with the fate of such aids. The mediocre aid of Rs 3800 for those whose houses were damaged by the flood speaks volumes of how the people have been ignored but have been utilised to satiate political agendas.

The people of the valley have come out of the hangover of the PM’s last visit last year where he claimed that he ‘felt the pain’ of the people of Kashmir and claimed their dreams as well.

Though Modi is likely to announce a package that focuses on resurrecting the infrastructure lost in the 2014 floods with focus on roads, bridges, power, and tourism projects, it will depend on how much of the package would be meant for infrastructure development and how much of it would reach the flood-affected people.

Only time will tell whether Modi in his address from Sher-e-Kashmir stadium on November 7 declares big package and calls upon the separatists and Pakistan like Atal Bihari Vajpayee did during his iconic visit to Kashmir, or it becomes just another visit by another PM.

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CJI faces revolt from four senior most SC judges

The four judges -- Justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur besides Justice Chelameswar -- released a letter they wrote to Justice Misra a couple of months ago

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Supreme court went into a frenzy as four senior judges revolt against CJI. Wikimedia Common
Supreme court went into a frenzy as four senior judges revolt against CJI. Wikimedia Common
  • The sudden revolt against Chief Justice of India (CJI) by the four senior-most judges of Supreme Court has sent the whole judicial system into an uproar.
  • The four judges accused the CJI of corruption and breaches in a surprise Press Conference.
  • Judge Loya’s death’s controversy, supposedly, sparked this reaction out of the other judges.

Divisions in the Supreme Court burst out in the open on Friday when four senior-most judges took an unprecedented step of addressing the media to accuse Chief Justice Dipak Misra of breaching rules in assigning cases to appropriate benches, with one of them pointing to the plea regarding the mysterious death of Special CBI judge B. H. Loya.

The hurried press conference was called to reveal CJI's corruption. Pixabay
The hurried press conference was called to reveal CJI’s corruption. Pixabay

At a hurriedly called press conference at his residence, Justice J. Chelameswar and three other colleagues said the Supreme Court administration was “not in order” and their efforts to persuade Justice Misra even this morning “with a specific request” failed, forcing them to “communicate with the nation” directly.

The four judges — Justices Ranjan Gogoi, Kurian Joseph and Madan B. Lokur besides Justice Chelameswar — released a letter they wrote to Justice Misra a couple of months ago, conceding that he was the master of roster but that was “not a recognition of any superior authority, legal or factual of the Chief Justice over his colleagues”.

Asked specifically if they were upset over reference of the matter seeking a probe into the suspicious death of Judge Loya, Justice Gogoi said: “Yes.”

Judge Loya's death is said to have happened due to a conspiracy. Pixabay
Judge Loya’s death is said to have happened due to a conspiracy. Pixabay

Judge Loya, who was hearing a case relating to the killing of gangster Sohrabuddin Sheikh in an alleged fake shootout in which BJP chief Amit Shah was named an accused (later discharged), died of cardiac arrest in 2014. His family has raised doubts over the circumstances in which Judge Loya died and have sought an independent probe into it.

Plea’s seeking probe came up for a hearing in the Supreme Court on Friday when the top court expressed concerns over it and said it was a “serious issue”. It asked the Maharashtra government to produce all the documents related to the case before January 15.

In a seven-page letter, the four judges said they were not mentioning details of the cases only to avoid embarrassing the institution because “such departures have already damaged the images of this institution to some extent”.

The clash among the judges in the highest court also comes in the wake of a controversial order in November in which Justice Misra declared that the Chief Justice “is the master of the roster” having exclusive power to decide which case will go to which judge.

The CJI called himself 'master of roster' further enraging other judges. Pixabay
The CJI called himself ‘master of the roster’ further enraging other judges. Pixabay

The CJI had given the order a day after a two-judge bench headed by Justice Chelameswar had passed an order that a five-judge bench of senior most judges in the apex court should be set up to consider an independent probe into a corruption case in which bribes were allegedly taken in the name of settling cases pending before Supreme Court judges.

Holding that the Chief Justice was only the first among equals, the four judges contended that there were well-settled and time-honoured conventions guiding the Chief Justice in dealing with the strength of the bench required or the composition thereof.

“A necessary corollary to the above-mentioned principle is the members of any multi-numbered judicial body, including this court, would not arrogate to themselves the authority to deal with and pronounce upon matters which ought to be heard by appropriate benches, both composition-wise and strength-wise with due regard to the roster fixed,” they wrote in the letter.

They said any departure from the two rules would not only lead to “unpleasant and undesirable consequences of creating doubt in the body politic about the integrity of the institution” but would create “chaos”.

The four judges also touched upon another controversial issue, the Memorandum of Procedure (MoP) on the appointment of judges over which the Supreme Court had locked horns with the government.

The four judges also touched upon other problematic issues. deliason.files.wordpress.com
The four judges also touched upon other problematic issues. deliason.files.wordpress.com

The government, the letter said, had not responded to the communication and “in view of this silence it must be taken that the MoP has been accepted by the government on the basis of the order of this court”.

Justice Chelameswar told the media that they were “convinced that unless this institution is protected and maintains its requirements, democracy will not survive in the country or any country… The hallmark of a democracy is independent and impartial judges.

“Since all our efforts failed… Even this morning, on a particular issue, we went and met the Chief Justice with a specific request. Unfortunately, we could not convince him that we were right.”

Justice Gogoi said they were “discharging the debt to the nation that has got us here”.

The government appeared to distance itself from the controversy, saying the judges should sort the issue themselves.

Minister of State for Law P. Chaudhary said: “Our judiciary is one of the known, recognised judiciaries in the world. It is an independent judiciary. At this stage, I think no agency is required to intervene or interfere. The Chief Justice and other members should sit together and resolve. There is no question of panic.”

the matter should be resolved among the judges themselves, says P. Chaudhary.

The Supreme Court split had an immediate political fallout, with CPI leader D. Raja saying after meeting Justice Chelameswar that Parliament will have to devise methods to sort out problems like this in the top judiciary.

Two judges, Justice S. A. Bobde and Justice L. Nageshwar Rao, are understood to have called on Justice Chelameswar. IANS