The Kashmir

September 7, 2008

Amarnath Accord – What A.G.Noorani did not tell you !

Filed under: Accords, Amarnath, History Of Kashmir, Human Rights, Injustice, Jammu, Kashmir — Tags: , , , , — TheKashmir @ 7:28 am

Much has been discussed and propagated by Pseudo Secularists and “Jhola Chaaps” about an article by right wing writer A.G.Noorani .

AG Noorani

AG Noorani

 

Here I would like to share the points with the readers of how biased A.G.Noorani is when it comes to sharing the right facts.

 

The accord ignores completely Kashmir where the land is to be given. Jammu alone was represented. – A.G.Noorani

What Noorani has forgotten that Jammu & Kashmir is a one complete state and anyone in Jammu & Ladakh has an equal right over every single inch of land in the whole state. Also Noorani has completely ignored that Kashmiri Hindus who have been in the forefront of the agitation led by Sangarsh Samiti also represent Kashmir in particular. The authors seems to have probably bowed to the wishes of Kashmiri terrorists by erasing the thought of Kashmiri Hindus from even the memory.

Even the controversial order nowhere used the word “exclusive”

What Noorani does not either know or does not want to be known is that there is a order of High Court dated 15.04.2005 [ OWP No 732/2004 Rampal Bathonia Vs State ] in which the Hon Court Ordered ” Since the Board intends to upgrade the infrastructure across the tracks and at different places, the state shall,immediately permit the use of Forest Land by the board,if not already allowed,to enable it to carry out the development activities for the benefit of the Yatris. I am informed that the Forest Department has already granted permisssion to the board for the purpose.”

The state Govt went in to appeal to the Division Bench of High Court. The division bench vide its interim directions on 17.5.2005 ordered as follows ” The land to be allotted by the board would be only for the purpose of the user and would remain limited for the duration of Yatra.

I wonder if Noorani has ever read the court orders, which I am sure he may not have , as it did not suit his own support to the fundamentalists in Kashmir and elsewhere.I wonder if Noorani understand the meaning of these judgements and the least he could is to understand the meaning of “only” in the above order.

The Baltal route is a recent demand. It was regarded by the Army and Nitish Sengupta Report as dangerous.- A.G.Noorani

Again,Noorani misses the finer points. Noorani does not care to share with his readers that out of 20 odd recommendations by Nitish Sen Gupta committee on Amaranth.,the prominent was activation of shorter Baltal route to reduce the hardships via Chandanwari & SheshNaag route.

This violates the citizen’s fundamental right under Art. 19 (1) D to move freely throughout India.–A.G.Noorani

Alas Noorani uses the fundamental rights to his own requirements. Wonder why Noorani does not support abrogation of Article 370 of Indian constitution. Of all the fundamental rights listed in our constitution the first one is “Right To Equality”…..”The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” Does Noorani not feel that 100 crore citizens of India are denied these rights as they do not equal the pampered state subject of Jammu & Kashmir. Why deny the right to buy land in Jammu & Kashmir to 100 crore Indians? Why is Noorani silent on this fundamental right ?

 namely “undertaking measures relating to … preservation of ecology” etc. Breach entails no fine… A.G.Noorani

Even though the Amarnath Shrine Board has insisted that they would be taking measures to reduce any harm to ecology the concerns were largely raised when someone said that the “Thajiwaas” glacier is endangered. Again what Noorani does either not know or does not want to share with his reader is that in a report  submitted by Chief Wild Life Warden , WLP/Tech/1971/07 dated 11.06.2007, after on spot inspection, the following information was shared “It was noticed that the proposed site for construction of Shri Amarnath Shrine Board Complex,falling in the compartment 63(s)/ Sindh/Kullan is located on the right side of Sindh rivulet.The proposed complex does not seems to have any significant impact on the ecology of “Thajwaas” Wild Life sanctuary. ……It is also given to underastand that the board is using pre-fabricated structures as such likely pollution due to discharge of muck and garbage should not be significant.

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…..A.G.Noorani

The recommendations of the Forest department has already been heard by council of Ministers and a decision taken. The whole idea was to understand the feasibility of land for the board. Since the land was approved by Forest Committe and under order No 108-FST dated 17.03.2008 , it clarifies that the camping site and Thajiwaas wild life sanctuary are divided by Sindh river.The Forest committee recommended that SASB should take Safeguards for pollution control.It also agreed that land be used for pre-fabricated structures for camping of pilgrims . It was basis of the report of the committee constituted vide Govt. Order no 108/FST dated 17.03.2008 the Forest Minister cleared the file for diversion of file to the Shrine Board.The cabinet followed vide its decision No 94/7.

One can understand the total partisan article coming from A.G.Noorani who always find anything related to Hindu rights as communal.

He talks of Amarnath accord as “Gunah” , and that makes me believe that when it comes to even justice….a Muslim lawyer is a Muslim first and the “real” justice” comes as a second priority. And for me that is a real “Gunah”

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