Samba Police Constitutes Panel to Probe Unsuccessful Prosecution, Shoddy Investigation of Criminal Cases

In Compliance of Apex Court Judgement 

Jammu, 24/Nov/2015: In compliance of directions passed by the Honourable Supreme Court of India in case titled ‘State of Gujarat Vs Kishanbhai and others’ Senior Superintendent of District Police Samba has constituted a standing committee wherein Additional Superintendent of district Police Samba, Faisel Qureshi shall be the chairman of the said committee having  Chief Prosecuting Officer, DYSP and Senior Prosecuting Officer as its members. This information is being provided by the Public Information Officer of the Samba Police to information seeker activist Raman Sharma.

Earlier applicant Sharma had filed a complaint before the Jammu and Kashmir State Information Commission against the department of Home, J & K Home government alleging that the PIO of the home department had denied him the information related to steps being taken by the Jammu and Kashmir government and police authorities for compliance of the Supreme Court Judgement in case of State of Gujarat Vs Kishanbhai, in this important case the apex court had asked for identification of officer(s) responsible for acquittal of an accused in a criminal case and a finding must be recorded to trace the lapse whether it was innocent or blameworthy and the erring officer if any must face the consequences. Depending upon the seriousness of the case the erring officer may be withdrawn permanently or temporarily from the investigating responsibilities. The court had also noted  “Accordingly we direct, the Home Department of every State Government, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers”.

After a long course of hearing before the State Information Commission, the Chief Information Commissioner GR Sufi directed the J & K Police Headquarters and Home Department to release this important information and also recommended implementation of the direction of the apex court order in letter and spirit .

In his reply to the applicant,  Virender Singh (DySP Hqrs) and Public Information Officer, DPO Samba vide his office letter no Hqrs/RTI/19^th/2015/6370 dated 21/11/2015 has informed that directions issued by the Honourable Supreme Court of India in the matter of State of Gujarat  Vs Kishanbhai has been shared with the subordinate units and a standing committee vide order no  Legal/2015/2662-69 dated 30/10/2015 has also been constituted by the Sr. Superintendent  of the district Police samba. This committee will arrange training programmes as well was refresher courses for the investigating/prosecuting officers and  will also examine all orders of acquittals and record reasons for the failure of prosecution and investigating officers.

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J & K : Petition Demanding Cleanliness Itself Gathers Dust in CM’s Office

Is Swatch Bharat Abhiyan a Farce in J & K ? 

Jammu, 13/Nov/2015: A complaint cum representation demanding cleanliness of the Jammu Haat, commonly called as Exhibition Ground near Jewel Chowk Jammu is itself gathering dust there at the Chief Minister’s office for the last over 2 months.

A petition seeking intervention of the Chief Minister towards the plight of the Jammu Haat venue which is under the administrative control of Directorate of Industries and Commerce Department (J & K Government) was submitted to the  Chief Minister’s Grievance Cell on 15/Sept/2015 vide no. 56610.

The complainant RTI activist Raman Sharma who is also founder of Save ‘My Tawi Campaign’  in his petition has urged the Chief Minister Mufti Mohammad Sayeed to intervene in this important  issue regarding cleanliness of the Exhibition ground and submitted    “ It is really apathetic that at one side honourable Prime Minister of the Country and Honourable Chief Minister of the state are asking for totally cleanliness for good health but this department (Industry and Commerce) is totally negligent to this important issue.

Sharma has also offered to take the responsibility of cleaning this important site if the concerned department does not have the requisite funds to do so, “  If the department does not have the funds to maintain this and clean the site, I as a responsible citizen willing to contribute for its cleanliness, I shall be offering my free services at least once in a month to clean it and if allowed I will also seek the cooperation of the other responsible citizens to offer their services and funds for the cleanliness of this important site” his petition further states.

He complained that millions of rupees had been spent by the government on building infrastructure there but no maintenance and the infrastructure is left without any care.

There are several fountains installed in the exhibition ground but all of them in poor state, the water pool of these fountains are filled with dirt and garbage. The costly fountains are broken and they are not working. But till date no intimation has been given to the complainant about this important issue and the status shown there on the website  http://jkgrievance.nic.in/  remains  ‘ under process ’.

It is pertinent to mention here that hundreds of shops are housed in this complex of Jammu Haat besides a few government offices but  most of the shops remain closed throughout the year. 

Earlier also a similar petition seeking cleanliness of the Exhibition ground  was made through the JK Grievance Cell of the Chief Minister (vide  no 55517) in the months of July 2015 which was then forwarded to the Jammu Municipal Corporation that after a delay of over 50 days informed that the concerned area does not belong to it and the case may be taken up with the Directorate of Industries and Commerce.  

धूल चाट रही है स्वच्छता को लेकर शिकायत

राज्य ब्यूरो, जम्मू : राज्य में स्वच्छता अभियान को लेकर सरकार कितनी गंभीर है। यह प्रदर्शनी मैदान में सफाई करने को लेकर दायर शिकायत से पता चलता है। मुख्यमंत्री कार्यालय में इस शिकायत पर कोई गौर करने को तैयार नहीं है। याचिका आरटीआई कार्यकर्ता रमन शर्मा ने दायर की है। इसमें उन्होंने कहा कि जम्मू हाट जिसे प्रदर्शनी मैदान भी कहा जाता है, यह उद्योग एवं वाणिज्य विभाग के अधीन आता है, लेकिन इसकी सफाई की ओर कोई भी ध्यान नहीं दे रहा है। एक ओर प्रधानमंत्री स्वयं स्वच्छता अभियान पर जोर दे रहे हैं, वहीं इस मैदान की सफाई को लेकर विभाग पूरी तरह चुप है। उन्होंने लिखा है कि अगर विभाग के पास सफाई के लिए फंड नहीं है तो वह स्वयं भी सफाई करवा सकते हैं। इसके लिए उन्हें इजाजत दी जाए। उन्होंने मुख्यमंत्री से इस मामले पर हस्तक्षेप करने को कहा। इससे पहले भी उन्होंने शिकायत सेल में शिकायत दर्ज करवाई थी, लेकिन जम्मू नगर निगम ने यह कहते हुए अपना पल्ला झाड़ लिया था कि यह उसके अधिकार क्षेत्र में नहीं ...

http://www.jagran.com/jammu-and-kashmir/jammu-13160566.html 

Early Times, 14/Nov/2015

JOURNEY LINES 14/NOV/2015

ALSO PUBLISHED IN KASHMIR OBSERVER, STATE TIMES, DAINIK JAGRAN, Early Times, Kashmir Times

http://news.statetimes.in/no-takers-for-swachh-bharat-abhiyan-in-j-k-petition-demanding-cleanliness-gathering-dust-in-cms-office/

http://www.kashmirobserver.net/news/local-news/swatch-bharat-abhiyan-farce-j-k

http://www.jagran.com/jammu-and-kashmir/jammu-13160566.html

Successful Candidates of District Jammu Not Given Sufficient Time to Submit Formalities

Civil  Society Opposes CEO’s Diktat

Successful Candidates of District Jammu Not Given Sufficient Time to Submit Formalities 

Jammu, Nov-5, 2015: The member of Civil Society of Jammu has opposed and condemned the order of the Education department issued by Chief Education Officer of district Jammu, whereas directions have been issued to the successful candidates (for the posts of teachers ) belonging to district Jammu to submit all their documents and formalities within 2 days including Sunday, the order of the CEO is being published in some newspapers on 6^th of November    ( Notice no CEOJ/21320-22 Dated 05/11/2015 ) and the Candidates  are being directed to complete all their formalities and report to him on 9^th of November at  Government Higher Secondary School, Jammu. Though other candidates are asked to report on later dates.

The activists raised question mark over the intention of the office of Education department for not giving sufficient time to the candidates to complete all formalities and they called it as a conspiracy to harass the candidates belonging to rural and far flung areas of district Jammu. They cautioned the officers of the education department not to play with the emotions of the successful candidates whose result is declared  by JKSSB after such a long gap.

“How it is possible that candidates residing in far off places and the female candidates would be able to prepare and present all their formalities like, Character Certificate issued by competent authority, Medical fitness Certificate to be issued by CMO, NoC from DIC, NoC from department of employment, Affidavit sworn before a 1^st Class Judicial Magistrate and various other documents within such a short span of time “ They asked.

The Civil Society members also sought the intervention of the Education Minister, Naeem Akhtar and Priya Sethi MoS Department of Education to extend the time limit for completing all formalities.  

The Joint  statement condemning the officers of the education department and appeal to the education minister and Mos is being endorsed by Deeepak Sharma Raman Sharma, RTI activists, Dewaker Sharma, Advocate J & K High Court, Harasis Singh social activist and Anil Sharma, President All Jammu and Kashmir Panchayat Conference .            

               

 It is pertinent to mention here that JKSSB has recently released the list of successful candidates of district Jammu after a period of almost 30 months due to pending court cases.

Published in Early times and State Times on 08/Nov/2015

http://www.earlytimes.in/m/newsdet.aspx?q=162740

In Less than 2 Years, JKPSC Adds Rs. 40 Million to its Kitty

  JKPSC  Collects Huge  Amount from Unemployed Youth

J & K: In Less than 2 Years, Recruitment Panel Earns Rs. 4 Crore  as Examination Fees

Jammu, 04/Nov/2015: Jammu and Kashmir Public Service Commission, the highest body for recruitment of Gazetted Officers for the Jammu and Kashmir Government has added at least four crore rupees (Rs. 4 Crore) to its kitty in less than 21 months as cost towards the examination forms etc.

This  information is revealed in an RTI application under  Jammu and Kashmir Right to Information Act filed by RTI activist Raman Sharma.

The Public Information officer cum Law officer of JKPSC in response to the RTI application has sent a communication letter no. PSC/RTI/Adm/59/2015 dated 27/10/205  along with copies of letter sent to JKPSC by the Branch heads of Amirakadal branch of the Jammu and Kashmir Bank and Rail Head Complex branch Manager.

Wherein  it has been informed by the manager of the Amirakadal branch that the total amount of fees collected by them on account of sale of forms during the  period  from 01/01/2014 to 13/Sept/2015) is Rs. 34892832 (Rupees Three Crore Forty Eight Lacs Ninety Two Thousand Eight Hundred and Thirty Two ) and the same has been credited to their account (JKPSC).

In his communication, the manager  has also informed that the said amount is only for account no. CD 3013. During the same period the bank branch has also received service charges or commission during the same period of Rs. 116840.

Whereas the manager of Rail Head Complex, Jammu branch of Jammu and Kashmir bank,  has informed that amount deposited in your account (JKPSC) no. 0008 from sale of all types of form w.e.f 01/01/2014 to 13/Sept/2015 is Rs. 50, 88, 034. (Rupees fifty Lac, eighty eight thousand and thirty four).

It is pertinent to mention here that there is a vide spread demand from the political parties,  social activists, parents and the student community to reduce the hefty amount of fees charged by the JKPSC from unemployed youth and aspiring candidates for different kinds of posts and examinations.

While commenting on the information provided by the JKPSC and the revelation that such a huge amount is collected by the commission from the aspiring candidates on the name of examination fees ,  the information seeker Raman Sharma urged the Chairman and members of the Commission to waive off all exam form fees for all female candidates and the candidates belonging to Economical weaker section of the society. He also said that the motive of such esteemed institution should not be to mint money but rather to enhance its qualitative activities.  

Jammu and Kashmir Public Service Commission was established, under section 128 of the Constitution of J&K, on September 2, 1957. Under section 129 of the Constitution of Jammu and Kashmir the Chairman and the Members of the Public Service Commission are appointed by the Governor for a period of five years or till he attains the age of 65 years whichever is earlier.

बेरोजगारों से 21 महीनों में कमाए चार करोड़

राज्य ब्यूरो, जम्मू : जम्मू-कश्मीर में गजटेड अधिकारियों की भर्ती करने वाली सबसे बड़ी बाडी स्टेट पब्लिक सर्विस कमीशन (पीएससी) ने दो साल से भी कम समय में फॉर्म, परीक्षा फॉर्म आदि की बिक्री कर करीब चार करोड़ कमाए हैं। इसका खुलासा सूचना के अधिकार कानून के तहत प्राप्त जानकारी से हुआ है।

आरटीआइ कार्यकर्ता रमन शर्मा ने कमीशन से सूचना अधिकार कानून के तहत जानकारी हासिल करने के लिए आवेदन किया था, जिसका उन्हें जवाब हासिल हुआ है। कमीशन के पीआइओ एवं कानून अधिकारी ने जानकारी वाले आवेदन को जम्मू-कश्मीर बैंक की श्रीनगर अमीराकदल और जम्मू की रेल हैड कांप्लेक्स शाखाओं को भेजा।

अमीराकदल शाखा में पिछले 21 महीने के दौरान फार्मो की बिक्री से 34892832 रुपये जमा किए गए। यह धनराशि पब्लिक सर्विस कमीशन के खाते में जमा कर दी गई। इस अवधि के दौरान बैंक की शाखा को 116840 रुपये सर्विस चार्ज या कमीशन के तौर पर मिले।

वहीं, रेल हैड कांप्लेक्स शाखा में एक जनवरी 2014 से लेकर 13 सिंतबर 2015 तक 5088034 रुपये जमा हुए और यह धनराशि जम्मू-कश्मीर पब्लिक सर्विस कमीशन के खाते में जमा हुई।

विदित हो कि पिछले काफी समय से विभिन्न राजनीतिक दलों, सामाजिक कार्यकर्ताओं और विद्यार्थी संगठनों की तरफ से समय समय पर मांग की जाती रही है कि पब्लिक सर्विस कमीशन को फार्मो की बिक्री या परीक्षा की फीस को कम करना चाहिए। शिक्षित बेरोजगार युवाओं पर इसका बोझ पड़ता है। आरटीआइ कार्यकर्ता रमन शर्मा ने जानकारी हासिल करने के बाद कमीशन से आग्रह किया कि महिला उम्मीदवारों और समाज के गरीब तबके के उम्मीदवारों की परीक्षा फीस माफ की जाए। कमीशन का मुख्य उद्देश्य पैसा कमाना नहीं, बल्कि नियुक्ति प्रक्रिया में सुधार लाना होना चाहिए।

कमीशन का गठन जम्मू-कश्मीर संविधान की धारा 128 के तहत दो सिंतबर 1957 को हुआ था। कमीशन के चेयरमैन व सदस्यों की नियुक्ति राज्यपाल की तरफ से सरकार से सिफारिश मिलने के बाद की जाती है।

published in Dainik Jagran, Kashmir Times, Journey Line, Greater Kashmir, Kashmir Observer, Daily Excelsior and others on 05/Nov/2015

http://www.greaterkashmir.com/news/jammu/psc-collects-rs-4-cr-from-job-aspirants-in-2-years-rti-reveals/200768.html

http://www.kashmirtimes.in/newsdet.aspx?q=46514

Udhampur Police to Monitor Performance of Investigating Officers

District Police to Ensure Strict Compliance of Apex Court Judgement  

‘Refresher Courses for IOs, POs ’

Jammu, 01/Nov/2015: District Police Headquarters Udhampur has constituted a standing committee under the chairmanship of additional SP that would ensure refresher courses for Investigation and Prosecuting Officers of the District Udhampur in the light of the Supreme Court Judgement wherein the supreme court besides various other directions have also asked for organizing training programs for IOs and POs, while deciding the case titled State of Gujarat Vs Kishanbhai, the highest court has observed “Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. Likewise, every acquittal should ordinarily lead to the inference, that an innocent person was wrongfully prosecuted. It is therefore, essential that every State should put in place a procedural mechanism, which would ensure that the cause of justice is served, which would simultaneously ensure the safeguard of interest of those who are innocent. 

In furtherance of the above purpose, it is considered essential to direct the Home Department of every State, to examine all orders of acquittal and to record reasons for the failure of each prosecution case. A standing committee of senior officers of the police and prosecution departments, should be vested with aforesaid responsibility “.

The DPO Udhampur has constituted the panel vide their office order no, PA/order/2015/34994-96 dated 06/10/2015, this  committee  would also monitor the performance of Investigating and Prosecuting Officers.

The Constitution of this panel by the Udhampur Police has come into reality only after the intervention of the Jammu and Kashmir State Information Commission, wherein while deciding a complaint case of Information seeker Raman Sharma, the Chief Information Commissioner asked the State Home Department and the Jammu and Kashmir Police Headquarters to ensure strict compliance of all the recommendations of the Supreme Court of India in the case of State of Gujarat Vs Kishanbhai which calls for special attention of the Police administration of each district to strictly examine all cases of acquittal in a criminal case.

 The information regarding constitution of the Standing Committee headed by additional SP Udhampur is being provided to the applicant Raman Sharma by Gourav Mahajan, PIO DSP Headquarters Udhampurs cum PIO vide his office letter no. HQU/2015/RTI/12601-04 dated 08/10/2015. It is pertinent to mention here that recently DPO Kathua has also constituted the similar panel in compliance of the Apex Court’s Direction.

“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.

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

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 73^rd and 74^th 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 73^rd and 74^th 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 73^rd and 74^th 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.

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

  

Why Only Internet Ban, Disallow Postal Services Also !

Was there any Internet Service in 1990’, When the Turbulence Started in J & K ?

Raman Sharma

Whilst  Prime Minister Narendra Modi was meeting with National Leaders of different Countries  there in America and pushing the case of India for permanent membership to the United Nations Security Council and while he was interacting with CEOs of global companies and Information Technology giants like Mark zukerberg of Facebook, Tim Cook of Apple,  Sundar Pichai of Google and when he was getting power point presentations on bringing high speed internet and wi-fi for different railway station in India back home population of more than 12 million people was pushed to an era of stone age just for a suspicion.  

There not only Indians but people across the globe witnessed sermons of the Prime Minister Modi regarding benefits of Social media and his claim that how does he is even famous in social networking sites in China and Israel too. I could not believe that how does the government under the leadership of such a person deprive millions of people even of basic internet facilities forget the social networking websites. Today when even the people there in the third world countries are enjoying high speed internet services without any break how does here in our state there always remain a chaos of breaking down internet services and SMS ban anytime.

Yes, on the eve of Eid,   Jammu and Kashmir  the state that have a population of over 12 million was disconnected for complete 3 days from rest of the world merely on the potential risk that some people may misuse internet services therefore  the internet services were snapped on the advise (must say diktat) of security and police authorities operating here. The method and the way the internet services were blocked and the people were left to speculate deserve highest condemnation.

This is not the 1^st time that the people of Jammu and Kashmir have been dragged back to the medieval period by the government of the day, people of this state were even deprived of  basic STD telephone services on the speculation of misuse by anti-national and anti-social elements. The former Chief Minister Omar Abdullah whose love for twitter is world famous also without caring the plight of the people had blacked out SMS services from the state for a long period of over 2 years. The turbulence in Jammu and Kashmir is not creation of social networking sites, because when in decade of 90’s the violence in Jammu and Kashmir was at its peak then there was  no Face book, Whatsapp that time even a very few people had basic landline telephone services in the state.

Now, the question arises whether these bans on SMS, STD and snapping internet services help to build an atmosphere of peace in the state. Can we make hostage 1.25 crore people of the state just for the potential threat of few dozen or hundred hate mongers who may display disgust on the social media. If stopping people from interacting with each other help the country and state to bring the graph of violence down then I am sure the people would also offer the union and state government to even ban postal services in Jammu and Kashmir because that may also incite people and result into violence, also ban Radio and Television and then stop newspapers from publication because there also people ventilate their emotions and highlight the poor performance of the government which has remained a failure till now.

Are our law enforcing agencies so weak and lethargic that they cannot take action against those hate mongers who misuse internet services to spread enmity amongst different faiths and sects. Instead of taking other corrective measures, the state government and especially the failed officers who are obviously lethargic, incompetent and worthless took the extreme step and put a blanket ban on the internet services in the entire state.

I challenge the IQ of these poor officers who have advised the state government for a complete black out of internet services in the state, these incompetent officers if had even taken  few moments to realise the impact of  this ban or had they consulted some competent person who  would have informed and enlighten them about the bad affect of this ban on the lives of millions of people not only economically and physically but also  a psychological impact on the millions of other potential tourists and pilgrims who would have visited the state.

This complete shutdown of internet services In Jammu and Kashmir would compel the potential investors to rethink whether to invest anything in the state that can anytime go back to stone ages where people use to put their messages in bottles and then drove them in a river or use the pigeons to convey their messages.    

The banking sector which is completely dependent upon the internet services remained paralysed during this period, the students and aspiring candidates from the state  could not submit their online forms for various posts and examinations. The tourists who were on the visit to the state suddenly came in a state of shock when they lost connectivity with their dear ones, they could not check the status of their air and train tickets. The people  of the state too could not book their advance tickets for aerial and railway journeys. The newspapers and local TV Channels that rely on internet service for transition of their text material, photo content or even video clips too fell prey of this uncalled internet ban.

It is pitiable that at one point the Prime Minister Narendra Modi is orchestrating so loud about digitization but here back home in India, in Jammu and Kashmir , his party leaders who are partner of the coalition government making total ignorance about snapping of internet services in the state even after 48 hours of the black out. Mr. Prime minister should give some training to the ministers and legislatures of his party belonging to the state of Jammu and Kashmir who are technological illiterates.

The Chief Minister, Mufti Mohammad Sayeed whose party claims that he is the only statesman in Jammu and Kashmir have also not come clean to the people and pre-informed about such ban or even after the ban shared anything with the citizens about the circumstances that compelled the state government to take such a extreme step of banning the internet services.

This is nothing but a sign of weakness of PDP-BJP coalition government that instead of taking on the anti-Indian elements , it  curtailed the rights of the innocent citizens. Had this government have some guts then  it would have taken action against the people  who openly supports global terrorists from Pakistan and spill venom against India  through  their teleconferences.

Where was the so called intelligence and security apparatus of the state when these separatists marked their presence in the rallies organized by JuD Chief in Pakistan through technological gazettes. Why selectively persecute only the innocent people of the state and give special treatment to these anti-national elements.

Depriving the people of connectivity to interact with their dear ones during the festive season in no way can be justified, if there was so emergent need to put such a ban than at least the people should have been pre-informed about this and taken into confidence.

The State government on the name of attracting tourists to the state of Jammu and Kashmir every years spends millions of rupees in organizing seminars, road shows and even send its ministers and officers to various parts of the country and even abroad.  All this is done just one the name of inviting more and more tourists and bringing investment in the state but it is shocking that the same government totally disregard its own efforts when it shuts down the internet services. Today i-ways are not less important that Highways and blocking i-ways is equivalent to economical blockade by the state. 

It is such a sorry state of affairs that in this era of transparency that even today we are not aware that who ordered banning the internet services and for what period of time this ban was to remain in force a chaos was created.

We wish the Prime minister Narendra Modi all the best and hope that India gets a permanent membership in the United Nations Security Council and the global technological giants help India to build IT infrastructure  in India but I am not sure whether that investment  and digitization program in India would ever help 12.5  million poor people of Jammu and Kashmir.  Raman Sharma is an RTI activist and can be mailed [a] jkrtiact@gmail.com, M:9796811012.
Published in State Times, Early Times and others on 29/Sept/2015.

http://www.earlytimes.in/newsdet.aspx?q=159671

http://news.statetimes.in/why-only-internet-ban-disallow-postal-services-also/