[Reader-list] Noorani Reads the Fine Print of the Amarnath Accord
radhikarajen at vsnl.net
radhikarajen at vsnl.net
Sun Sep 7 15:21:52 IST 2008
Aarti after few posts about the hurt sentiments, now that you are laughing, it is good sign, laughter is the best medicine for the mind, numbed by hurt sentiments to realise that in "secular " rule of law, oldest party has always used the slogans and hurt the sentiments of every citizen at all times to have divisive rule in the nation, dividing the hindus on caste equations, dividing muslims with appeasements selectively, to hindus and muslims so that a non entity ike a bartender of italian origin can rule the nation by proxy, extend the loot to her uncle Q using the sycophants and hangers on , be it vidharbha package or any scheme, it is contractors and sycophants and hangers on who have taken all the crores and the benefits have never reached to the needy.
Now is the time to all citizens to realise the need of unity, be it on faith or on caste equations, as otherwise, divided polity looses good rule of laws, as caste which is well united gets all the benefits, others just fail to get any, as seen in free India, inspite of reservation and quoatas, these are always get lost to those powwerful, not to the needy.
So keep laughing, wiser thoughts will emerge out of that. ??
----- Original Message -----
From: Aarti Sethi <aarti.sethi at gmail.com>
Date: Sunday, September 7, 2008 1:59 am
Subject: Re: [Reader-list] Noorani Reads the Fine Print of the Amarnath Accord
To: Pawan Durani <pawan.durani at gmail.com>
Cc: reader-list at sarai.net
> 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
> beveragepreferences...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
> inimitablestyle you have made your own in which non sequiters are
> supposed to stand in
> for arguments, his association with kashmiraffairs was supposed to
> indicatethat 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> >
> >>> > 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-
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> Shuddhabrata>>> > >>> Sengupta>
> >>> > >>> > > The Sarai Programme at CSDS> Raqs Media Collective>
> >>> > shuddha at sarai.net
> >>> > >>> >
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> >>> > >>> > > _________________________________________
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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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