[Reader-list] Noorani Reads the Fine Print of the Amarnath Accord

[Aarti Sethi]

Really? Is that so? In which case every post shuddha writes, rife with
inaccuracies and and ignorance, should immediately get a response from you
setting the record straight. Instead, what we witness is a deafening
silence. Be careful and intelligent about whom you choose as your
adversaries Rashneek. And I think you are well aware of whose posts are
generally ignored on this list and it certainly isn't Shuddha.

regards
Aarti

On Sat, Sep 6, 2008 at 11:19 AM, rashneek kher <rashneek at gmail.com> wrote:

> All that notwithstanding, Shuddha's knowledge and understanding of either
> history or politics is of Kashmir is so poor or so full of inaccuries
> (intentional as well ignorant) that it is time we start ignoring his posts
> on Kashmir.
>
> Regards
>
> Rashneek
>
> On Wed, Sep 3, 2008 at 8:24 PM, Aditya Raj Kaul <kauladityaraj at gmail.com
> >wrote:
>
> > And, In a recent lecture in Jamia University, he was no different.
> > Advocating pan-Islamist movement in Kashmir.
> >
> > On 9/3/08, Lalit Ambardar <lalitambardar at hotmail.com> wrote:
> > >
> > > It is not surprising.AG Noorani is a known sympathiser of the Kashmiri
> > pan
> > > Islamists & their cause.  He ran a campaign series in support of the
> > > separatists in HT for years .The very fact that Noorani has chosen to
> > call
> > > Jammuites as 'communal forces' & 'parivar' & the accord itself as
> > > 'gunah-e-bey lazzat' & describe those who attempt to seek "azadi -bara
> -e
> > > -Islam" as 'victims' says it all.
> > >
> > > Noorani once went overboard in " don't be fence-sitters " (HT New
> > Delhi/May
> > > 8, 2007)  in  his appreciation of Sayad Sallahudin of HM & the al-Qeada
> > > affiliate LeT. In a  bizarre coincidence , the day LeT chief allegedly
> > > assured some Gen. Patankar of his willingness to come to India for
> talks
> > > (...????....) as claimed by Noorani in the article , that very day
> Hafeez
> > > Sayad confessed to the reporters in Islamabad about the existence of
> > > terrorist infrastructure in Pakistan & declared his resolve to carry on
> > the
> > > 'jihad' to its logical conclusion (Ref. TNN/ Times of India, DEL/May8'
> > 07/
> > > page no.13).
> > > LA
> > >
> > >
> > >
> > >
> > >
> > > > Date: Wed, 3 Sep 2008 03:55:11 -0700> From: kshmendra2005 at yahoo.com>
> > To:
> > > shuddha at sarai.net> CC: reader-list at sarai.net> Subject: Re:
> [Reader-list]
> > > Noorani Reads the Fine Print of the Amarnath Accord> >  >
> > >
> >
> http://www.greaterkashmir.com/full_story.asp?Date=3_9_2008&ItemID=26&cat=1
> >
> >  >  >
> > > > > --- On Wed, 9/3/08, Shuddhabrata Sengupta <shuddha at sarai.net>
> > wrote:>
> > > > From: Shuddhabrata Sengupta <shuddha at sarai.net>> Subject: Re:
> > > [Reader-list] Noorani Reads the Fine Print of the Amarnath Accord> To:
> > > "Shuddhabrata Sengupta" <shuddha at sarai.net>> Cc: "Sarai list" <
> > > reader-list at sarai.net>> Date: Wednesday, September 3, 2008, 4:07 PM> >
> > > Dear all,> > The link to the Noorani article in the Greater Kashmir
> > > Newspaper in > my earlier post got inadvertently truncated. Here is the
> > > correct link.> > http://www.greaterkashmir.com/full_story.asp? >
> > > Date=3_9_2008&ItemID=26&cat=1> > Thanks, Tilak Upadhyay for pointing
> this
> > > out.> > best,> > Shuddha> > On 03-Sep-08, at 3:16 PM, Shuddhabrata
> > Sengupta
> > > wrote: Dear all> > > Dear All,> >> > An unusual intensity of hunger for
> > land
> > > unites corporations, state> > agencies and shrine boards in India.
> > Captains
> > > of Industry,> > politicians and land hungry divines seem to be more
> > > interested in> > acrage than in anything else. The Mahabharata mentions
> > the
> > > burning of> > the Khandava forest to appease a hungry god, inaugurating
> a
> > > long> > history of burnt and erased forests and commons. It appears as
> it
> > > we> > are surrounded now by 'hungry gods'. The Khandava-daha
> continues.>
> > >>
> > > > Be it Chengara (thanks, Anivar Aravind for keeping us updated about>
> >
> > the
> > > land struggle in Kerala, where the ruling CPI(M) led Left Front> > is
> > intent
> > > on displacing indigenous communities from their land), or> > Singur
> > (where
> > > again, the ruling CPI(M) wants to gift land 'free'> to a> > gigantic
> > > corporation or Amarnath, - the issues - remain the same -> > to do with
> > > state mediated acquisition of land, and the sequestering> > of either
> > > cultivator's land, or a natural commons into some form of> > 'gated'
> and
> > > 'fenced' land.> >> > There has been some premature media spin around
> the
> > > 'accord' that> has> > been reached with the Shree Amarnath Yatra
> > Sangharsh
> > > Samiti based in> > Jammu. On the face of it, the accord appears to
> grant
> > a
> > > limited usage> > right to the Shree Amarnath Shrine Board. On closer
> > reading
> > > of the> > text however, it becomes evident that the terms of this
> > 'accord'>
> > > are> > actually even more invasive than was the case with the substance
> > of>
> > > > the original gubernatorial 'land transfer' order in May.> >> > I am
> > > enclosing below - an article by A. G. Noorani, a well known> > legal
> > > historian and practitioner of constitutional law, titled> > 'An Immoral
> > and
> > > Illegal Accord' which was published in the Greater> > Kashmir newspaper
> > > today. It is available on line at -> >
> > > http://www.greaterkashmir.com/full_story.asp?> >
> > > Date=3_9_2008&ItemID=26&cat=1> >> > Noorani carefully reads the terms
> of
> > the
> > > Amarnath Accord in this> > article. As I had pointed out before on this
> > list
> > > (in my second post> > (dated 15th August, 2008) in the thread - 'Gun
> > Salutes
> > > for August> > 15' in response to Sonia Jabbar and Aditya Raj Kaul - the
> > > anger in> > Kashmir has a lot to do with the arbitrary acquisition of
> > land -
> > > I> > had shown, using state government figures, how the equivalent of
> > one> >
> > > in ten fruit orchards can be said to be under the occupation of the> >
> > Armed
> > > Forces. The 'Amarnath Land Transfer' issue needs to be seen> in> > this
> > > context.> >> > As long as that anger (regarding the alienation of land)
> > is
> > > not> > addressed, the people of Kashmir will have no reason, in my> >
> > > estimation, to think of themselves as anything but under a brutal and>
> >
> > > unrelenting occupation. The current 'Amarnath Accord' in my view,> >
> > worsens
> > > the situation, and can alienate the people of Kashmir (for> > the
> reasons
> > > that Noorani underlines below) even more. As such, it can> > only be
> > viewed
> > > as yet another provocation, yet another disaster, in> > the long and
> > > undistinguished record of the Government of India's> > tragic
> blundering
> > on
> > > Kashmir. It cannot but prove to be divisive in a> > situation that
> > urgently
> > > requires the opposite.> >> > regards> >> > Shuddha> >> >
> > > ======================================================================
> >
> > >
> > > ==> > =======================> >> > An Immoral and Illegal Accord> >
> > Greater
> > > Kashmir, September 03, 2008> > A G NOORANI> >> > Srinagar, Sep 2: The
> > accord
> > > between the Jammu and Kashmir government> > and the Shri Amarnath Yatra
> > > Sangharsh Samiti on 31 August is far> > worse than the government's
> order
> > > only three months earlier on 26> > May. It grants the SAYSS concessions
> > > beyond what the May order did.> > It is one-sided and marks an abject
> > > surrender to violence, blockade> > and to communal forces. The
> > differences
> > > between the order and accord> > are glaring. Here is a list:> >> > 1.
> The
> > > order was made pursuant to a decision on 20 May by the cabinet> > in
> > which
> > > both Jammu and Kashmir were represented. The accord> > completely
> ignores
> > > Kashmir where the land is to be given. Jammu alone> > was represented.
> A
> > > week earlier, there was a clampdown in the Valley> > and top leaders
> were
> > > arrested.> >> > 2. Even the controversial order nowhere used the word
> > > "exclusive".> > The SAYSS felt so emboldened as to demand it and
> threaten
> > to
> > > wreck> > the deal if it was not conceded. The government yielded in the
> > > early> > hours of 31 August. Para 6A says that the Government "shall
> set
> > > aside> > for use by Shri Amarnathji Shrine Board exclusively the land
> in>
> > >
> > > Baltal and Domail". This order unknown anywhere in the world is> >
> > cloaked
> > > under a lie by calling it "traditionally under use for the> > annual
> > yatra
> > > purpose". The traditional route for over a century is> > the Pahalgam
> > route.
> > > The Baltal route is a recent demand. It was> > regarded by the Army and
> > > Nitish Sengupta Report as dangerous. It is> > also unnecessary if the
> > limit
> > > of yatris set by the Report (1 lakh) is> > observed.> >> > 3. This
> > violates
> > > the citizen's fundamental right under Art. 19 (1) D> > to move freely
> > > throughout India. The demand of exclusivity was not> > made even in May
> > 2008
> > > or in decades earlier. It is pure communal> > aggression using the
> yatra
> > for
> > > political demonstration not religious> > piety.> >> > 4. The duration
> of
> > use
> > > is widened to cover pre and post yatra period.> > Para 6 C first says
> > that
> > > the land will be used "for the duration of> > the yatra" including the
> > > period of preparations and winding up. But> > the very next para has
> > these
> > > sinister words: "The aforesaid land> > shall be used according to the
> > > Board's requirements from time to> > time, including for the
> following".
> > > There follow 9 measures including> > construction, setting up of the
> > sheds
> > > and shops etc. These can be> > done even beyond the yatra period "from
> > time
> > > to time" and "according> > to the Board's requirements"; may be all the
> > year
> > > around.> >> > 5. Para 8 of the order insisted that the land "shall
> > return"
> > > to the> > State. This is dropped in the accord. This accomplishes S.K.
> > > Sinha's> > objective— permanent use the year round.> >> > 6. Also
> dropped
> > > totally is Para 4 on payment for user.> >> > 7. Dropped too is Para 6.
> An
> > > undertaking of "foolproof measures> > against water pollution and Para
> 7
> > on
> > > payment of fine for damage to> > the forest. There is a pious provision
> > in
> > > accord Para 6 C (ix) among> > the objectives of land user; namely
> > > "undertaking measures relating to> > … preservation of ecology" etc.
> > Breach
> > > entails no fine.> >> > 8. The order of 26 May was rescinded on 1 July.
> > The
> > > accord will> > require a fresh order to implement it. By itself the
> > accord
> > > has no> > legal force. Section 2(a) of the J&K Forest (Conservation)
> Act
> > > 1997> > says "the Government shall not, except on a resolution of the
> > > Council> > of Ministers based on the advice of the Advisory Committee">
> >
> > > constituted under the Act "make any order directing that any forest> >
> > land
> > > or any portion thereof may be used for any non-forest purpose".> > The
> > > earlier phrase "Council of ministers" merely was revised by an> >
> > amendment
> > > in 2001 and the Forest Advisory Committee's advice was> > added and
> made
> > > mandatory. "Council of Ministers" is specific. It is> > different from
> > "J&K
> > > Government" whose powers vest now in the> governor> > alone. The law
> > > intentionally provides the resolution as a safeguard.> > This Council
> can
> > > come into existence only after the next elections.> > In any case the
> > Forest
> > > Advisory Committees advice on 12 July 2007> > cannot apply to this new
> > > accord which must be vetted afresh by that> > Committee. It was given
> > before
> > > the Supreme Court's final judgment in> > the T M Godavarman case on 23
> > > November 2007 which lays down the law> > and makes important
> observations
> > on
> > > balancing development with> > protection of environment. Failure to
> > consider
> > > it vitiates the> > decision. Precisely based on misrepresentation of
> > opinion
> > > of the> > deputy CM Muzaffar Hussain Beg and advocate general Altaf
> Naik
> > > both> > of which were given in entirely difference cases.> >> > The
> > accord
> > > lacks legal efficacy as well as moral and political> > legitimacy. Any
> > order
> > > in its implementation will be void in law. It> > is a pity that the
> state
> > > should bend all rules to buy peace with> > communal forces including
> > promise
> > > to consider compensation for law-> > breakers. What of compensation to
> > the
> > > Valley for the blockade? The> > parivar in Jammu has already begun
> asking
> > > for more. The Government> > has not bought peace but trouble. It is
> > > gunah-e-bey lazzat (sin> > without any taste.)> >> > If the state can
> > thus
> > > bend its knees before the Sangh parivar on an> > issue like this, what
> > hopes
> > > of justice can Kashmiris entertain when> > it comes to restoring the
> > raped
> > > Article 370 to a status of worth and> > respect?> >> > END> >> >
> > > ======================================================================
> >
> > >
> > > ==> > =======================> >> >> >> >
> > > _________________________________________> > reader-list: an open
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> > > https://mail.sarai.net/pipermail/reader-list/>> > Shuddhabrata
> Sengupta>
> > > The Sarai Programme at CSDS> Raqs Media Collective> shuddha at sarai.net>
> > > www.sarai.net> www.raqsmediacollective.net> > >
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>
> --
> Rashneek Kher
> Wandhama Massacre-The Forgotten Human Tragedy
> http://www.kashmiris-in-exile.blogspot.com
> http://www.nietzschereborn.blogspot.com
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