Thursday, October 29, 2015

“Fixing Accountability of Investigating and Prosecuting Officers ”


COMPLIANCE OF SUPREME COURT JUDGEMENT

Kathua Police Constitutes Panel Headed by Additional SP

Jammu, 28/Oct/2015: To ensure compliance of the directions issued by the Supreme Court in the case titled ‘State of Gujarat Vs Kishanbhai’ the District Police Kathua has constituted a committee headed by Additional Superintendent, this is being informed by DSP Headquarters cum Public Information officer of the Police department, district Kathua.
While replying to an RTI application of RTI activist Raman Sharma as per the directions of the Chief Information Commissioner, the DSP Headquarters cum PIO, District Police Kathua vide his office letter no 4632-33/Hqrs dated 21/10/2015 has informed that keeping in view the extraordinary importance of the issue the recommendation of the Hon’ble Supreme Court in letter and spirit, accordingly a committee headed by Additional SP Kathua has been constituted.
In the Case titled ‘State of Gujarat Vs Kishanbhai’ the Honourable Supreme in 2014 had issued various recommendations to home department of each state to ensure that in criminal cases where a case is culminated in acquittal then the concerned Investigation/prosecuting officials responsible for such acquittal must be identified and a finding must be recorded to underline the lapse that whether the acquittal was blameworthy or innocent and each erring officer must suffer the consequences of his laps by appropriate departmental action and taking into consideration the seriousness of the matter, the official may be withdrawn from investigative responsibilities permanently or temporarily, depending purely on his culpability.  
The court have also asked for formulation of a procedure for taking action against all erring investigating/ prosecuting Officers/officials.  
In the order the court has also asked that home department of each state put in place training programme within six months of the judgement to ensure that those persons who handle sensitive matters concerning investigation/prosecution are fully trained to handle the same.
It is pertinent to mention here that Jammu and Kashmir State Information Commission has also played a significant role especially the Chief Information Commissioner GR Sufi who while deciding  a complaint of  applicant Raman Sharma have also made a written request to the concerned departments for proper implementation of this important judgement of the Supreme Court.
While appreciating the effort of Kathua Police, information seeker Raman Sharma has also congratulated the State Information Commission and demanded similar compliance of Supreme Court Judgement by all other district heads of the Jammu and Kashmir Police department.









Saturday, October 24, 2015

RATE LIST OF EATABLES (DHABA ITEMS) IN JAMMU ISSUED BY CAPD ISSUED ON 23/OCTOBER/2015

RATE LIST OF EATABLES (DHABA ITEMS) IN JAMMU ISSUED BY CAPD
ISSUED ON 23/OCTOBER/2015








Sunday, October 18, 2015

Activists Demand Incorporation of 73rd, 74th Amendments

Local Bodies Elections in J & K

Jammu, 13/Oct/2015: While welcoming the statement of Chief Minister Mufti Mohammad Sayeed for holding the local bodies elections in Jammu and Kashmir on time, the local activists have also demanded incorporation of 73rd and 74th amendments of Indian Constitution here in the state as well before going for these elections.

The activists including RTI practitioners and law experts have urged the State Government to incorporate significant sections and provisions of the 73rd and 74th amendment of Indian Constitution to give due powers to the local bodies.

They underlined the shortcomings of the present laws i.e  Jammu and Kashmir Panchayati Raj Act 1989 and Jammu and Kashmir Municipal Corporation Act, 2000  under which the elections are conducted do not guarantee autonomy and self governance status to these bodies therefore  they demanded that to actually empower the Panchayats and Municipal bodies, it is need of the hour to incorporate essential provisions here in the state as well and then conduct the Urban and Rural Local bodies elections.  

The joint statement is endorsed by RTI Activist, Deepak Sharma, Raman Sharma, S. Harasis Singh (of Save my Tawi), Dr. M Ashiq Raza, President Attitude Change International a peace NGO and  Dewaker Sharma and Hunar Gupta both advocates Jammu and Kashmir High Court. 

It is pertinent to mention here that 73rd and 74th amendment of the Indian Constitution calls for autonomous status of elected bodies and a provision of independent election and finance commission for these local bodies that works without any direct interference from the State government.

Sunday, October 4, 2015

SMT Welcomes Announcement of Project for beautification of River Tawi

"Beautification of River Tawi on the pattern of Sabrmati river of Gujarat State" 

Jammu, 04/Oct/2015: Save My Tawi, Campaign the group of volunteers working for awareness about the importance of the river Tawi has welcomed the announcement by Jammu and Kashmir government, where it is being informed that a good amount of money is kept for the beautification of river Tawi on the pattern of Sabrmati river of Gujarat. We congratulate the collation government for making their promise which they had kept in their ‘agenda of alliance’. 

  The group members  called it as a right move of Union and State government to bring people more closer to the river so that they can enjoy flora and fauna there without disturbing the ecology, it will also help in promoting tourism in the region which is facing lot of problems after direct trains to Katra.

Calling River Tawi as identity of Jammu region,  said its serenity must be respected, the volunteers asked  for early completion of sewerage treatment plant in the Jammu City so that the human waste and other garbage is not thrown in the river directly which is other wise causing lot of pollution.

The Save My Tawi Campaign members also demanded Net fencing on both sides of all bridges of the river as many people from the bridges throw garbage, polythene and other plastic waste from their houses  in the river stream. The statement is endorsed by founding members including  Dewaker Sharma, Advocate, Raman Sharma, Harasis Singh and Deepak Sharma besides others.







Gandhi and Non violence, Its Impact and Relevance.


             Gandhi and Non violence, Its Impact and Relevance.  
Just-violence;  A Transitional Approach Between Violence and Non Violence. 

 Deepak Sharma

“It is good to swim in the waters of tradition, but to sink in them is suicide”, Gandhi said once.  He was true in the sense that its nothing but suicidal to keep following the traditions without any logical thinking and reasoning.  The same doctrine applies to the principles of Gandhi as well, which ought to be first examined and study reasonably before acknowledging and establishing its relevance in the contemporary world, as without doing so could also be suicidal for the humankind.

Are principles of Gandhi, in modern times, relevant in Toto or only some of them hold any significance and others not? To understand this we must dissect the individual principles of Gandhi and study each principle in isolation to understand its significance in the modern times, then to just accept all principles, as a matter of tradition, though many of them may not be relevant in today’s world.  When we study the principles in totality, we risk accepting the irrelevant also, though mistakenly. A person considered as ‘Mahatma ‘ may have some bad qualities in him also (he is also a human being after all) , but our intense devotion  for  him, tend us to overlook the bad elements in him and we start accepting bad in him as good, first subconsciously and then consciously . We should be reasoned to take the good leaving behind the bad, like we throw out the outer cover of banana and eat the pulp only to enjoy the benefits of eating it.



Gandhi offered many principles to the world apart from the principle of non violence, which includes the principle of brotherhood, humanity, self reliance economically and untouchability. His idea of preaching untouchablity is worth appreciating as he never asked the Harijans to fight for their rights but rather asked the upper casts to profess and perform their moral duties towards their Harijan brothers. His ideas and efforts for making India self reliant on its resources for her needs is also worth acknowledging and deserves admiration.  India is undoubtedly indebted to Gandhi for his hard work and pain he suffered for his efforts to remove untouchability and to inculcate the practice of cleanliness among common Indian. But his idea of non violence has caused more harm to the world in general and India in particular than any good caused from his any other principle.

Non violence for Gandhi meant no violence irrespective of harm done but It seems Gandhi himself was confused in his this widely advocated idea of non violence . He contradicted his philosophy of non violence himself when he first supported ‘Khilafat Movement’ initiated by Muslims and then to Britishers by offering them support during second world war.  He acted more politically and shrewdly then philosophically while defining non violence to the gullible Indians. In the absence of clarity and reasoned thought, violence and just violence (lawful violence) has been misunderstood and was considered as one and the same thing.  Gandhi during his life time and his unreasoned followers after his death, bluntly kept changing the definition of non violence and violence as per their own designs and desires. If any harm done to a person irrespective of his act is violence then Why the followers of the champion of non violence remained mum and cold on the hanging of Nathu Ram Godse ? Was not hanging a violence?. Why did not they uphold the principle of non violence and set an example to the mankind by advocating amnesty to him for the wrong he did?. The reason is simple and synchronizes   with the law of nature, that the wrongdoer must be punished by lawful violence. The civilized society will cease to exist if the wrong doer is not punished.  Gandhian principle of non violence was irrelevant at that time also and is still irrelevant in the modern world .


The birth of Gandhi in India and subsequent promotion to his principles of non violence has made India a de facto messenger of non violence to the world. The world expects India to deliver on non violence.  For every wrong committed to India by any one, be it by hostile and treacherous neighbor like Pakistan,   separatists and insurgents of Kashmir and north east, or by naxalites, the world and so called preachers of non violence and human rights, expect India  to bear and tolerate even if it bleed to perish, as the apostle  of non violence was born  here and India has the moral duty to set examples to the world that India is upholding the principles of non violence. The expectation of the world has made India a cozy home for many preachers of non violence and advocates of human rights . India is already paying the price of it, when any action in defence is taken by India against insurgents and  separatists of Kashmir, north east and naxalities, it is taken as gross human rights violation and against the principles of non violence,   whereas no such voice is raised by any preacher of non violence and advocate of human rights against the atrocities done by Pakistan on the people of Pakistan Occupied Kashmir (Pok) and Blauchistan, no voice against ISIS in Syria and absolutely no voice against America for what it did in Iraq and Vietnam,  as Gandhi was destined to born in India only . 


What is to be understood is that the  Non violence and Violence compliments each other as one cannot exist without another. The element of violence and non violence exists in the same human being, its inherent, it is just the degree  which makes him non violent or violent.  It is very important to understand that the principle of non violence if works, it works only because of the fear of just violence.  
Without the fear of just violence the principle of non violence fails to sustain and this fear of just violence by nature also exists in every human being which coerce him to be civilized and non violent  .  

We can understand this by taking an example , a non violent protest is held by some individuals for their rightful demands from some government agency ,  if that government agency agrees to their demands, that will be because of the fear of just violence from the protesters in the event of non agreeing to their demands and the protesters will remain non violent because of the fear of just violence from that Government agency .  Similarly if any of Gandhi’s non violent movement had succeeded (though most of it remained unsuccessful ), it was succeeded because of the fear of just violence in the minds of the tyrants, the  Britishers . It is the fear of just violence that makes non violence work. It is similar to what the world recognizes as Just war, the war which is justified to suppress the unjustified.

By saying “ de di tuney azadi bina khadag bina dal”, that India got independence because of Gandhi and its principles of non violence,   are not we actually insulting the supreme sacrifices made by our martyrs like Subhash Chandra Bose, Bhagat Singh,  Chandra Sekhar Azad and others who believed in just violence for attaining freedom of their motherland from the clutches of oppressors  . At present times , even in global scenario,  If Gandhian principle of non violence is to be believed ,then Russian  fighter jets  instead of dropping bombs and missiles in Syria against ISIS ,should have dropped  colorful pamphlets  with  teachings of Gandhian principles of non violence to make them compassionate and humane.

Non violence is not about abstaining from violence but to have compassion and empathy for the one who believe in non violence, Violence is a fundamental of the human condition, whereas nonviolence is merely a rarified response to that reality. The Gandhian ideology of non-violence was never relevant. Not even back when it was thought to be relevant. The idea that India won it's freedom because of Gandhian ideology of non-violence is to have a simplistic view of history. There is more to India's struggle for freedom than Gandhi’s principles of non violence , he failed to prescribe an effective panacea against violence, and this is a bitter reality!
Deepak Sharma is an RTI activist and can be e.mailed [a] rtiactjk@gmail.com