Author: hamid

SRINAGAR, June 07: Democracy is the government of the people by the people and for the people is the oft repeated quote of Abraham Lincoln. The people run the government through their representatives elected through adult franchise under supervision by an independent and impartial authority. To give the elected government a true representative character with sense of participation to one all, it becomes necessary to divide the country and each of its constituent states into segments on the basis of fair and objective criterion, giving each segment or constituency a right to elect a member to the House of People or the State legislature, as the case may be. The number of the segments or constituencies cannot remain static as growth in population, urbanisation and like factors necessitate review or readjustment of these segments at regular intervals. This exercise is called delimitation. Ideally this exercise is to be undertaken after every ten years after the results of census are notified, Masood told . The constitutional provision in this regard, however is recommendatory and exercise has been undertaken on a few times during last seventy years. Having said that, the reports that MHA is toying with the idea of undertaking delimitation in Jammu and Kashmir before much delayed and overdue Assembly elections is a cause of concern as the exercise would be without legal authority and in gross violation of Constitution and law.
Section 47, Constitution of Jammu and Kashmir provides for readjustment of ‘extent and boundaries’ of the constituencies in accordance with law. The Jammu and Kashmir Representation of Peoples Act 1957 (Sec. 3) is the law enacted to govern the matter. The Proviso added to Section 47 of the Constitution by 29th Amendment of 23rd April 2002 has frozen delimitation exercise till the results of first census taken after 2026 are published. Corresponding amendment has been made in Sec 3 in Representation of Peoples Act as well. It is not that the amendments have come from nowhere. These were preceded by amendment to Articles 82 and 170 by Constitution 84th Amendment of 2001 whereby delimitation was frozen till results of 2026 were published. It follows that not only in Jammu and Kashmir but in all the states as well as in case of the House of People, the delimitation is frozen in effect till 2031 i.e the results of 2030 census are made public.
Once the delimitation is frozen as regards all the states, there is no reason to single out Jammu and Kashmir for such an exercise more so when the Constitution of Jammu and Kashmir does not permit delimitation and the Constitutional mechanism to pave way for delimitation is not in place. The delimitation at present can be undertaken only after amendment to section 47 of the Constitution. The amendment can be effected only by the elected legislature of the state with requisite majority. The governor does not have power to amend the Constitution. In terms of Article 356 that has come into play after the imposition of presidents’ rule, the legislative power can be exercised by the Parliament, if so declared by the president. In terms of Article 357 the Parliament can confer on the president power of the state legislature to “make laws”. The power therefore is to remain restricted in both cases i.e the Parliament and the President to “make laws”. Neither the Parliament nor the President have power to amend the Constitution of Jammu and Kashmir in exercise of powers under Article 356 and 357. The Constitution and legal position as on date therefore would not permit delimitation. Such an exercise, can be undertaken only after the elections are held, state assembly and a duly elected government are in place and necessary amendment is made in Section 47 of the Constitution of Jammu and Kashmir and Section 3 Jammu and Kashmir Representation of Peoples Act 1957, pre-poning the delimitation. Any effort of delimitation would be a misadventure and offend the Constitution and the Representation of Peoples Act.Delimitation not permissible under Constitution and law: Hasnain Masoodi
Sachnews Jammu Kashmir
SRINAGAR, June 07:
Democracy is the government of the people by the people and for the people is the oft repeated quote of Abraham Lincoln. The people run the government through their representatives elected through adult franchise under supervision by an independent and impartial authority. To give the elected government a true representative character with sense of participation to one all, it becomes necessary to divide the country and each of its constituent states into segments on the basis of fair and objective criterion, giving each segment or constituency a right to elect a member to the House of People or the State legislature, as the case may be. The number of the segments or constituencies cannot remain static as growth in population, urbanisation and like factors necessitate review or readjustment of these segments at regular intervals. This exercise is called delimitation. Ideally this exercise is to be undertaken after every ten years after the results of census are notified, Masood told Sachnews in statement. The constitutional provision in this regard, however is recommendatory and exercise has been undertaken on a few times during last seventy years. Having said that, the reports that MHA is toying with the idea of undertaking delimitation in Jammu and Kashmir before much delayed and overdue Assembly elections is a cause of concern as the exercise would be without legal authority and in gross violation of Constitution and law.
Section 47, Constitution of Jammu and Kashmir provides for readjustment of ‘extent and boundaries’ of the constituencies in accordance with law. The Jammu and Kashmir Representation of Peoples Act 1957 (Sec. 3) is the law enacted to govern the matter. The Proviso added to Section 47 of the Constitution by 29th Amendment of 23rd April 2002 has frozen delimitation exercise till the results of first census taken after 2026 are published. Corresponding amendment has been made in Sec 3 in Representation of Peoples Act as well. It is not that the amendments have come from nowhere. These were preceded by amendment to Articles 82 and 170 by Constitution 84th Amendment of 2001 whereby delimitation was frozen till results of 2026 were published. It follows that not only in Jammu and Kashmir but in all the states as well as in case of the House of People, the delimitation is frozen in effect till 2031 i.e the results of 2030 census are made public.
Once the delimitation is frozen as regards all the states, there is no reason to single out Jammu and Kashmir for such an exercise more so when the Constitution of Jammu and Kashmir does not permit delimitation and the Constitutional mechanism to pave way for delimitation is not in place. The delimitation at present can be undertaken only after amendment to section 47 of the Constitution. The amendment can be effected only by the elected legislature of the state with requisite majority. The governor does not have power to amend the Constitution. In terms of Article 356 that has come into play after the imposition of presidents’ rule, the legislative power can be exercised by the Parliament, if so declared by the president. In terms of Article 357 the Parliament can confer on the president power of the state legislature to “make laws”. The power therefore is to remain restricted in both cases i.e the Parliament and the President to “make laws”. Neither the Parliament nor the President have power to amend the Constitution of Jammu and Kashmir in exercise of powers under Article 356 and 357. The Constitution and legal position as on date therefore would not permit delimitation. Such an exercise, can be undertaken only after the elections are held, state assembly and a duly elected government are in place and necessary amendment is made in Section 47 of the Constitution of Jammu and Kashmir and Section 3 Jammu and Kashmir Representation of Peoples Act 1957, pre-poning the delimitation. Any effort of delimitation would be a misadventure and offend the Constitution and the Representation of Peoples Act.

Srinagar: Two Special Operation Group (SOG) personnel of police have gone missing along with their service rifles from District Police Lines (DPL) Pulwama in south Kashmir, officials said on Thursday.

Official sources told GNS that two SPOs namely Shabir Ahmad of Tujan Pulwama and Salman Ahmad Uthmula Shopian who were posted at DPL Pulwama have been missing along with their service rifles since last night.

A police officer said that the two SPOs are believed to have fled away with their service rifles along with the ammunition as the duo was not found present at DPL.

“We are ascertaining the incident and investigations into it has been launched,” the official said.

Meanwhile, a joint team of army and SOG launched a massive manhunt to trace out the missing cop.

Srinagar, June 06: After pause of 4hours, fresh firing resumes at encounter site in Panjran area of Lassipora of South Kashmir’s Pulwama.

A senior Police officer told GNS that one militant body has been recovered at encounter site so far.

The officer further said that there was a brief lull, but mow fresh firing has resumed at encounter site.

Earlier clashes ensued between protesters and government forces near encounter site. Meanwhile mobile internet was also suspended in Pulwama for precautionary measures.(GNS)

Anantnag, June 06: An army man was shot dead by suspected militants in South Kashmir’s Anantnag district on Thursday.

Repords reaching to KNO stated that Manzoor Ahmad Beigh son of Abdul salam Beigh from Sadoora village of Anantnag district who was on leave was shot and critically injured at sadoora Anantnag.
“Rafi was taken to dist hospital Anantnag where he Succumbed to his injuries,” police sources told KNO.

Meanwhile area has been cordoned to nab the attackers.(KNO)

New Delhi, June 06: National investigation Agency ( NIA) on Thursday filed a Charge Sheet in Case RC-32/2018/NIA/DLI, relating to the theft of 07 AK rifles and one pistol along with ammunation on September 28 last year from the official residence of PDP’s Ex- MLA Aijaz Ahmad Mir at Srinagar.

In a handout issued to KNO, an NIA official said a case FIR No. 57/2018 dated 28.09.2018 was initially registered by J&K Police at PS Rajbagh, Srinagar against Adil Bashir Sheikh, who was deployed as a SPO at the abovementioned residence.
“The case was subsequently taken over by NIA for investigation as RC-32/2018/NIA/DLI dated 18th October, 2018,” he told KNO. During investigation, NIA arrested accused Rafique Ahmad Bhat s/o Mohammad. Ashraf Bhat r/o Achan, Pulwama, on 10 December, 2018.

” It was revealed that Adil Bashir Sheikh (SPO) s/o Bashir Ahmad Sheikh r/o Zainapora, Yawar Ahmad Dar s/o Mushtaq Ahmad Dar r/o Thokarpora and Rafique Ahmad Bhat had conspired with Abid Manzoor Magray @ Sajju s/o Manzoor Ahmad Magray r/o Nowpora, Pulwama who was an active terrorist of Hizbul Mujahideen, to steal arms and ammunition for distributing these among active cadres and recruits of Hizbul Mujahideen for furthering their terror activities,” the official told KNO.

He said Adil Bashir Sheikh, Yawar Ahmad Dar and Rafique Ahmad Bhat stole the weapons from government quarter allotted to former PDP MLA on 28.09.2018, while he was away and his security guards had gone to their houses leaving the weapons behind. “SPO Adil Bashir Sheikh entered the house on the pretext of cleaning it while the other two waited outside in a Maruti Alto car.

Thereafter, they decamped with the weapons and ammunition and fled towards village Achan and hid the weapons in a field,” the NIA statement reads.”After committing the instant offence, all the three joined the militant ranks of Hizbul Mujahideen,”it reads.

Meanwhile, the statement adds that during investigation, role of Syed Naveed Babu s/o Syed Mustaq r/o Nazneenpora, Shopian and HM Commander Riyaz Naikoo @ Mohammad Bin Qasim s/o Assadullah Naiko emerged in the case, for radicalising and training to HM terrorists including Adil Bashir Sheikh, Yawar Ahmad Dar and Rafique Ahmad Bhat.

“Two accused persons namely Yawar Ahmad Dar and Abid Manzoor Magray @ Sajju were killed in encounters with security forces on 16.05.2019 and 31.05.2019 respectively,”
the statement reads.

According to the statement issued KNO, Charge-Sheet has been filed in the Special NIA Court, Jammu against accused persons namely, Rafique Ahmad Bhat and absconder Adil Bashir Sheikh u/s 120B, 381 Ranbir Penal Code, sections 18, 20, 23, 38 and 39 of the UA (P) Act, and Section 7, 25 of the Arms Act.

“Further investigation continues in respect of other accused persons including Hizbul Mujahideen Commander Riyaz Naikoo,” the statement reads. (KNO)

Kulgam, June 06: Government forces on Tuesday afternoon launched Cordon and search operation in Batapora village of Kulgam District

Official sources told KNO that a joint team of government forces including Army’s RR, special operation group of police (SOG) and CRPF cordoned off the area after receiving inputs about the presence of militants in the area.

“Door to door search operation was initiated and all the entry and exit points of the village have been sealed,” sources told KNO.

Meanwhile as a precautionary measure internet services have been snapped in Kulgam District as well.(KNO)

SRINAGAR: To clear the air of speculations, the Ministry of Home Affairs has said that there was no proposal or talks ever held on the delimitation exercise in Jammu and Kashmir.

The clarification has come after media reports claimed that Home Minister Amit Shah has discussed the issue with other Cabinet ministers in a meeting. The MHA has categorically denied that no talks have happened over delimitation or over setting up a commission to take forward the delimitation of assembly seats in the Jammu region.

“The meeting which was held in MHA with cabinet ministers was a scheduled meeting of a group of ministers on petroleum not on security issues,” a senior MHA official said.

According to the government, the state has three divisions Jammu, Kashmir Valley and Ladakh and the most highly populated region is Kashmir which remains very tense.

The second most densely populated region in Jammu where people have been complaining that the current situation gives an edge to Kashmir. According to the 2011 census, Jammu division has 53 lakh residents which make up for almost 43% of the total population of the state. As per data, Jammu has 37 assembly constituencies in the 87-member parliamentary house.

On the other side, Kashmir has almost 69 lakh residents which is almost 55% of the total population of the state but has only 46 assembly seats in the Legislative Assembly. The last region Ladakh has just four seats as the total population of the region is 2.7 lakh people.