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

[Aditya Raj Kaul]

Dear Aarti,

You are so right. We just can't ignore Shuddha's posts on this forum. He
needs to be corrected from time to time, hence, we just can't remain silent.


Be careful Aarti.Disinformation spread can be dangerous.

Warm Regards,
Aditya Raj Kaul

On Sat, Sep 6, 2008 at 12:31 PM, Aarti Sethi <aarti.sethi at gmail.com> wrote:

> 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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