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

[radhikarajen at vsnl.net]

It is indeed sad that a debate, a healthy one gets so personal, that the thoughts of the debate are diluted totally and space is utilised to condemn the person than the debate on the thoughts expressed.

 If Shuddha, Kshemendra or Aditya or AArti express the thoughts differently, is there merit in condemning the person ? Is it not better to exchange thoughts rather than condemn the person who express the dissent on the thoughts. ?

   About the matter regarding kashmir, it is a matter of fact that Kasmir was ruled by a king who wanted to continue his rule, but for Pakistan entering the kingdom, and muslims went up to take up arms and indulged in violence just as the "secular" Nehru had no courage or the political will to complete the task of annexing the land once for all. Same was the case in Goa, and part of Travancore kingdom under the rule of Diwan, Sir, CP Ramaswamy Iyer.

  The issue is that India is made up of over 457 kingdoms and territories but all the individuals in these territories fought for freedom. Hyderabad Nizam did not want to give that freedom to his subjects, razakars were again muslims, who thought that their islamic rule of the king was panacea. But truth of the matter is any religion or faith in democratic rule is a failure, as democracy means rule of law, with equity and justice for all citizens, not based on their faith, without fear or favour to anyone. kasmir in India is better off than pak occupied Kashmir thanks to the better funds flow to keep the citizens well governed, but the darker underbelly is that in the guise of secular rule, the Congress has resorted to appeasement selectively from time to time, and thus all babus have become kings and the politicins of the state are the nizams in the state.!
Regards.

----- Original Message -----
From: Pawan Durani <pawan.durani at gmail.com>
Date: Sunday, September 7, 2008 2:12 am
Subject: Re: [Reader-list] Noorani Reads the Fine Print of the	Amarnath	Accord
To: Aarti Sethi <aarti.sethi at gmail.com>
Cc: reader-list at sarai.net

> Aarti,
> Only those who dont have a control over their mind can not stop 
> laughing. It
> is better you stop debating about Kashmir .
> 
> Do you know the difference between "NavidYaar and ParvarDigaar" ? 
> And if you
> dont...... it is better you send some tissue papers to 
> Noorani...he can use
> them either way and leave the left over to ignorants like you and 
> Shuddha.
> Don't teach me what Kashmir and the Muslims in Kashmir are. Dont 
> teach me
> the secularism. I have seen my temples being destroyed.
> 
> Dont teach me all the shit you read from fools like Gautam 
> Navlakha and Aran
> Dhat Teri Ki Rai. I know how I had to jump out of my 2nd Floor to 
> escape the
> terrorists.
> 
> I know who burnt my house and today they claim to be secularist , 
> only to be
> backed by ignorance and fools with half baked knowledge which is
> destructive.
> 
> 
> Pawan
> 
> 
> 
> 
> 
> 
> On Sun, Sep 7, 2008 at 1:58 AM, Aarti Sethi 
> <aarti.sethi at gmail.com> wrote:
> 
> > Dear Pawan,
> >
> > I cannot stop laughing...why so glum chum? why so serious? 
> should we put a
> > smile on your face?....oh dear dear me!...since I'm such a 
> nobody, i simply
> > can't understand what riles you so much?...tell you what Pawan, 
> why don't
> > you compile a list of people whom you think are authorized to 
> speak on
> > Kashmir and circulate it....you can list criteria, level of 
> commitment,> idealogical, political, sexual affiliation, food and 
> beverage> preferences...and since you are so knowledgable, how 
> come the only people
> > who pay you any attention on this list is your little echo-
> chamber of three?
> >
> > my intellectualism is not "sawed on a machine' as you so 
> charmingly put it.
> > I only asked what this had to do with brussels because in the 
> inimitable> style you have made your own in which non sequiters 
> are supposed to stand in
> > for arguments, his association with kashmiraffairs was supposed 
> to indicate
> > that what he says he nonsense. This is exactly the same tack you 
> adopted> with Noorani's article. Since you have nothing to say 
> about his analysis,
> > you chose instead to call him a pan-islamist supporter, as if 
> this by
> > itself, counteracts the substance of his piece.
> >
> > So be quiet Pawan. And don't be so quick to tell people what 
> they can and
> > cannot speak about. Instead, pay more attention to what you say, 
> and maybe
> > you will not spout the reams of rubbish we have all become so 
> used to
> > deleting without a second's glance.
> >
> > best as always
> > Aarti
> >
> > On Sun, Sep 7, 2008 at 12:59 AM, Pawan Durani 
> <pawan.durani at gmail.com>wrote:>
> >> Aarti,
> >> Since you r NOBODY in Kashmir issue, you re irrelevant when it 
> comes to
> >> discussing the issues and the personalities involved.
> >>
> >> And I wonder why Inder Ji does not respect himself by suffixing 
> Balasaheb>> or Advani Ji with Sahib.
> >>
> >> I know Murtaza and Yasin Malik better than they know themselves 
> and to
> >> know why I know so much about these liars  ...you better know me.
> >>
> >> Pawan
> >>
> >>
> >>
> >> On Sun, Sep 7, 2008 at 12:52 AM, Aarti Sethi 
> <aarti.sethi at gmail.com>wrote:>>
> >>> Pawan,
> >>>
> >>> How is working with a brussel's based organisation a statement 
> about>>> someone's credibility? Is a job being a "paid agent'? 
> Then we are all "paid
> >>> agents" of someone or the other. The kashmir affairs website 
> says quite
> >>> clearly that it is a non-funded organisation. If you know 
> something the rest
> >>> of us don't, then maybe you should share it with the list. 
> Otherwise your
> >>> attack on Murtaza makes no sense whatsoever.
> >>>
> >>>
> >>> Aarti
> >>>
> >>>>
> >>>>
> >>>>
> >>>> On Sat, Sep 6, 2008 at 9:18 PM, inder salim 
> <indersalim at gmail.com>>>>> wrote:
> >>>>
> >>>> > Dear Rashneek
> >>>> >
> >>>> > some times back Mr. Kshmendra said something similar to me,
> >>>> >
> >>>> > " you deserve to be ignored "
> >>>> >
> >>>> >  and now it is you who said it to Shuddha.
> >>>> >
> >>>> > I beleive, anybody who had developed a dislike for a 
> particular person
> >>>> > may simply prese the botton ' delete'
> >>>> >
> >>>> > it is too easy.
> >>>> >  because to express the anger on the list is worst than 
> even 2+2=5.
> >>>> >
> >>>> > now, coming back to the basic question of 'Land and Freedom in
> >>>> > Kashmir' as seen in the present and beyond:
> >>>> >
> >>>> > We all know what is the the stand of an Nationlaist Indian. 
> There is
> >>>> > nothing new, What you are saying is no differnt from Man 
> Mohan Singh
> >>>> > ji, our PM.
> >>>> >
> >>>> > But if the religion of  all Kashmiris is ' AZADI  then how 
> to convert
> >>>> > them all into other religion which is Indian Nationalism in 
> this case.
> >>>> >
> >>>> > I think it is very simple. Army and police and other  
> reasoning has
> >>>> > not helped us.
> >>>> >  I too would like to see a change of heart in kashmir. but, 
> after 1990
> >>>> > that possiblity looks now remote. Whatever the reasons...
> >>>> >
> >>>> > Yes,  Kashmiri pandits have a legal claim in the valley, 
> but that can
> >>>> > be the part of a real discussion, as and when it happens 
> between the
> >>>> > representatives of all the inhabitants of the disputed 
> territory.>>>> >
> >>>> > Now disturbes my personally, is that the fact that the 
> Hindu Right
> >>>> > wing has politically appropriated the whole intellectual 
> worth of
> >>>> > Kashmiri pandits. which is not different from Jamat-i-
> Islami's effort
> >>>> > to represent the whole of AZADI in kashmir. Kashmiri 
> pandits need to
> >>>> > write about it boldly. And if there is none, they one 
> Advani-cum-Modi
> >>>> > is enough to represent them. That will be unfortunate.
> >>>> >
> >>>> > We all know how people in kahsmir are handling this issue. 
> Everything>>>> > is hazy, but  we have recently witnessed how 
> Geelani sahib had to
> >>>> > retract from his claim of total representation. So 
> similarly you too
> >>>> > need to think that every kashmniri pandit is not necessarly a
> >>>> > VHP/BJP/BajrangDal/ShivSanik lover. Let us respect the 
> possiblity.>>>> >
> >>>> > then that  will amount to 2+2=4
> >>>> >
> >>>> > with love
> >>>> > is
> >>>> >
> >>>> >
> >>>> >
> >>>> >
> >>>> > Just press the delete button, anything that you consider
> >>>> > On Sat, Sep 6, 2008 at 8:14 PM, Aditya Raj Kaul <
> >>>> kauladityaraj at gmail.com>
> >>>> > wrote:
> >>>> > > 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> >
> >=3E>> > 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
> >>>> > >>> > discussion
> >>>> > >>> > > list on media and the city.> > Critiques & 
> Collaborations> >
> >>>> To
> >>>> > >>> > subscribe:
> >>>> > >>> > > send an email to reader-list-request at sarai.net with 
> > >
> >>>> subscribe
> >>>> > in
> >>>> > >>> the
> >>>> > >>> > > subject header.> > To unsubscribe:
> >>>> > >>> > > https://mail.sarai.net/mailman/listinfo/reader-
> list> > List
> >>>> > archive:
> >>>> > >>> <
> >>>> > >>> > > 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> > >
> >>>> > >>> > > _________________________________________> reader-
> list: an
> >>>> open
> >>>> > >>> > discussion
> >>>> > >>> > > list on media and the city.> Critiques & 
> Collaborations> To
> >>>> > subscribe:
> >>>> > >>> > send
> >>>> > >>> > > an email to reader-list-request at sarai.net with 
> subscribe in>
> >>>> the
> >>>> > >>> subject
> >>>> > >>> > > header.> To unsubscribe:
> >>>> > >>> > > https://mail.sarai.net/mailman/listinfo/reader-list 
> > List
> >>>> > archive: <
> >>>> > >>> > > https://mail.sarai.net/pipermail/reader-list/>> > > >
> >>>> > >>> > > _________________________________________> reader-
> list: an
> >>>> open
> >>>> > >>> > discussion
> >>>> > >>> > > list on media and the city.> Critiques & 
> Collaborations> To
> >>>> > subscribe:
> >>>> > >>> > send
> >>>> > >>> > > an email to reader-list-request at sarai.net with 
> subscribe in
> >>>> the
> >>>> > >>> subject
> >>>> > >>> > > header.> To unsubscribe:
> >>>> > >>> > > https://mail.sarai.net/mailman/listinfo/reader-list 
> > List
> >>>> > archive: <
> >>>> > >>> > > https://mail.sarai.net/pipermail/reader-list/>
> >>>> > >>> > >
> >>>> _________________________________________________________________
> >>>> > >>> > > Want to explore the world? Visit MSN Travel for the 
> best>>>> deals.
> >>>> > >>> > > http://in.msn.com/coxandkings
> >>>> > >>> > > _________________________________________
> >>>> > >>> > > reader-list: an open discussion list on media and 
> the city.
> >>>> > >>> > > Critiques & Collaborations
> >>>> > >>> > > To subscribe: send an email to reader-list-
> request at sarai.netwith>>>> > >>> > > subscribe in the subject header.
> >>>> > >>> > > To unsubscribe:
> >>>> > https://mail.sarai.net/mailman/listinfo/reader-list
> >>>> > >>> > > List archive: 
> <https://mail.sarai.net/pipermail/reader-list/>
> >>>> > >>> > _________________________________________
> >>>> > >>> > reader-list: an open discussion list on media and the 
> city.>>>> > >>> > Critiques & Collaborations
> >>>> > >>> > To subscribe: send an email to reader-list-
> request at sarai.netwith>>>> > >>> > subscribe in the subject header.
> >>>> > >>> > To unsubscribe:
> >>>> https://mail.sarai.net/mailman/listinfo/reader-list
> >>>> > >>> > List archive: 
> <https://mail.sarai.net/pipermail/reader-list/
> >>>> >
> >>>> > >>>
> >>>> > >>>
> >>>> > >>>
> >>>> > >>>
> >>>> > >>> --
> >>>> > >>> Rashneek Kher
> >>>> > >>> Wandhama Massacre-The Forgotten Human Tragedy
> >>>> > >>> http://www.kashmiris-in-exile.blogspot.com
> >>>> > >>> http://www.nietzschereborn.blogspot.com
> >>>> > >>>  _________________________________________
> >>>> > >>> reader-list: an open discussion list on media and the city.
> >>>> > >>> Critiques & Collaborations
> >>>> > >>> To subscribe: send an email to reader-list-
> request at sarai.net with
> >>>> > >>> subscribe in the subject header.
> >>>> > >>> To unsubscribe:
> >>>> https://mail.sarai.net/mailman/listinfo/reader-list
> >>>> > >>> List archive: <https://mail.sarai.net/pipermail/reader-
> list/>>>>> > >>>
> >>>> > >>
> >>>> > >>
> >>>> > > _________________________________________
> >>>> > > reader-list: an open discussion list on media and the city.
> >>>> > > Critiques & Collaborations
> >>>> > > To subscribe: send an email to reader-list-
> request at sarai.net with
> >>>> > subscribe in the subject header.
> >>>> > > To unsubscribe: 
> https://mail.sarai.net/mailman/listinfo/reader-list
> >>>> > > List archive: <https://mail.sarai.net/pipermail/reader-list/>
> >>>> >
> >>>> >
> >>>> >
> >>>> > --
> >>>> >
> >>>> > http://indersalim.livejournal.com
> >>>> > _________________________________________
> >>>> > reader-list: an open discussion list on media and the city.
> >>>> > Critiques & Collaborations
> >>>> > To subscribe: send an email to reader-list-
> request at sarai.net with
> >>>> > subscribe in the subject header.
> >>>> > To unsubscribe: 
> https://mail.sarai.net/mailman/listinfo/reader-list
> >>>> > List archive: <https://mail.sarai.net/pipermail/reader-list/>
> >>>> >
> >>>> _________________________________________
> >>>> reader-list: an open discussion list on media and the city.
> >>>> Critiques & Collaborations
> >>>> To subscribe: send an email to reader-list-request at sarai.net with
> >>>> subscribe in the subject header.
> >>>> To unsubscribe: 
> https://mail.sarai.net/mailman/listinfo/reader-list
> >>>> List archive: <https://mail.sarai.net/pipermail/reader-list/>
> >>>>
> >>>
> >>>
> >>
> >
> _________________________________________
> reader-list: an open discussion list on media and the city.
> Critiques & Collaborations
> To subscribe: send an email to reader-list-request at sarai.net with 
> subscribe in the subject header.
> To unsubscribe: https://mail.sarai.net/mailman/listinfo/reader-
> list 
> List archive: <https://mail.sarai.net/pipermail/reader-list/>