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

Shuddhabrata Sengupta shuddha at sarai.net
Sat Sep 6 13:03:05 IST 2008


Dear Rashneek,

Many thanks for pointing out how poor my knowledge and understanding  
of either history or politics in Kashmir is. I am always willing and  
open to learn.

  Its just that I have noticed, whenever I point something out, the  
argument from your quarter does not take the substance of what I say  
into account, and launches into a tirade against anti-nationalism and  
other pet hates. I remember, very precisely, that in reply to any of  
my posts, be they on the history, or the politics of your homeland, I  
am never met with a rebuttal based on what I have said. Even your  
long four part missive (in reply to my equally long four part  
missive) about the history of iconoclasm in Kashmir, actually did not  
take on board the substance of any of the points I had raised.  
instead, you merely repeated, as your are wont to do, ad nauseam, the  
very same things that you and some of your colleagues always say, and  
which I was trying to criticise. I had genuinely wished that your  
response to my criticism would bring to bear something of the  
intelligence that I believe you are capable of, even if in an  
adversarial manner. I was disappointed.

  There was no attempt at introspection on the fact that for  
instance, a claim that all iconoclasm had only one source (which was  
the purport of your arguments) was both disingenuous and misleading.  
It was an opportunity for you to have made your own case stronger, by  
not having to rely on a deeply distorted and one sided reading of a  
contentious history. You chose, unfortunately not to do that. What  
suffered, as a consequence, was your own cause.

Here too, with this posting on Noorani's reading of the so called  
Amarnath Accord, I see a repetition of the same. No one has made an  
attempt to actually refute what he is saying. All that has been done  
is - a bad mouthing of him - saying he is sympathetic to pan  
Islamism, (without attributable quotations). It is not enough to say,  
as Lalit Ambardad says, "In a recent lecture in Jamia University, he  
was no different...Advocating pan-Islamist movement in Kashmir", for  
us to trust such a statement, we need to know an exact verifiable  
quotation, with a date and a time. Anything else is a malicious rumour.

Even if he were sympathetic to Pan-Islamism in Kashmir, it would  
still not do to dismiss his ethical, legal and constitutional  
arguments by saying that he is. The only way to refute such an  
argument would be to show that the ethica,  legal and constitutional  
positions he is taking are flawed. And this would have to be  
demonstrated, logically, in exactly the same manner as he  
demonstrates why the accord is flawed. Anything else, only amounts to  
your opinion, and I have no reason to trust that opinion.Even if the  
devil says 2+2=4, we cannot say, no it isn't, just because it is the  
devil that says so. George Orwell, in '1984', had sketched out a  
possibility of situations when societies find it convenient to have  
people say 2+2=5. I find, to my horror, that you and many other  
Indian nationalists often approximate a shrill rhetorical suppleness  
that is deeply reminiscent of '1984'.

I have been considerably restrained on this list in the face of  
repeated personalized provocation, only because I think that  
responses to such provocations end up degrading the quality of our  
discussions. I find it deeply unfortunate that you, Aditya Lalit,  
Chanchal and Pawan, when pushed to the wall by arguments, have  
nothing other than abuse to offer. As I have said before, even your  
own cause demands better behaviour from you. And certainly, this list  
expects that you will consider very carefully your own conduct.  
Remember, this is a public record. It is archived. Someday, people  
will dig all this up, and then you and your conduct on this list, may  
appear very very shallow.

regards,

Shuddha





On 06-Sep-08, at 11:19 AM, rashneek kher 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> >> >
>>> ==================================================================== 
>>> == >
>>>
>>> ==> > =======================> >> >> >> >
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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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Shuddhabrata Sengupta
The Sarai Programme at CSDS
Raqs Media Collective
shuddha at sarai.net
www.sarai.net
www.raqsmediacollective.net




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