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The former Union Minister Saifuddin has been detained since August 5, 2019

The Supreme Court on Monday asked the Jammu and Kashmir government to respond to a petition challenging the house arrest/detention of senior Congress leader and former Union Minister Saifuddin Soz for the past 10 months.

The habeas corpus petition filed by his wife Mumtazunnisa Soz sought to know his whereabouts.

A virtual court Bench led by Justice Arun Mishra asked the Union Territory government to reply in two weeks.

Mr. Soz has been detained since August 5, 2019 when the special rights given to Kashmiri people under Article 370 was abrogated and the State of Jammu and Kashmir was reorganised into the Union Territories of J&K and Ladakh.

“Ten months have passed since his first detention, and he is yet to be informed of his grounds of detention. All efforts by him to obtain a copy of the detention order(s) have been of no avail due to the illegal, arbitrary exercise of powers by the government of the Union Territory of Jammu and Kashmir,” the petition, filed through advocate Sunil Fernandes, said.

It said his detention was wholly contrary and perverse to the constitutional safeguards laid down under the right to life and personal liberty, as well as the law on preventive detention.

“Not only does it attract the vice of unconstitutionality, it is also in stark contravention of the statutory scheme of the Jammu and Kashmir Public Safety Act, 1978,” the petition said.

With inputs from The Hindu

The Indian Government has swung between claiming there has been no intrusion by China in Ladakh and informing us that the issue would be resolved through talks. But what is the issue?

By: Aakar Patel

There was a zone in Ladakh which both Indians and the Chinese were patrolling till May. They would send groups of soldiers from one area, called Finger 4, which was near the Indian base, to another area called Finger 8, near the Chinese base.

The patrols would be unarmed and in 90% of the cases there would be no confrontation or a minor one. In 10% of them there would be some pushing or shoving, but rarely anything serious.

The road from the Indian side to Finger 4 is difficult and can only be travelled on foot and in single file up a mountainside. The Chinese access is much easier and they have built roads for their vehicles. Despite the difficulty, India has been regularly reaching Finger 8 and patrolling up to Finger 8 because it is our land and many thousands of Indians died in the 1962 war defending this land.

From May, China has physically stopped Indian patrols from proceeding beyond Finger 4, effectively giving China full control over the entire area. Reports say the Chinese have moved between 5,000 to 10,000 troops to three places, which are no longer accessible to India. This is the problem and this is why we are talking today. What India wants and has failed to get at the previous talks is for the Chinese to go away from our land.

The day before the June 6 talks, India’s foreign ministry met with China’s and put out a statement saying that the issue would be resolved through “peaceful discussion”. Meaning that Narendra Modi has ruled out fighting to take back our land and believes that we can get it back through talks. Presumably the talks would not have consisted of India’s general pleading with the Chinese general.

Armies exist because the capacity for violence is required for a state to compel another state to stop doing what it is doing. India appears to have surrendered that option when it comes to the Ladakh intrusion and capture. Was that a wise decision before a negotiation?

That depends. What does the opponent want? Here is the problem. We know what India wants, but there seems to be no agreement on what China wants and why it is doing this mischief in Ladakh. The experts of this, who are former soldiers who are now analysts for the media have a few theories.

One is that the scrapping of Article 370 was accompanied by the formation of the Union territory of Ladakh, the issuance of new maps and the claim made in Parliament by the home minister that Pakistan Occupied Kashmir and Aksai Chin (which is with China) would be taken back, even at the cost of lives. This had upset China.

The second theory is that Xi Jinping believes Modi is violating the Wuhan Agreement which the two had signed a couple of years ago. India and China had agreed to be friends and partners and not rivals. But recent actions of India such as specifically curbing Chinese investment in Indian companies did not reflect that spirit. India had also formed an alliance with the United States, Japan and Australia to conduct naval exercises regularly. China had been threatened by that.

The third is that China wants to ensure that it has more control over its Belt and Road Initiative, by blocking Indian access to the north. The parts in Ladakh that China has captured lead up to that zone. This is what China wants.

The fourth theory is that it is a nationalist distraction being spread by Xi because his authoritarian rule has weakened under Covid. Therefore, he is being adventurous in Hong Kong and against India.

These are some of the theories that have been put forward by the experts. There is no consensus among them about why exactly China is doing what it is. I should stress here that these are the theories put forward by soldier scholars who admit that they are speculating based on the input they have. Some of the people who usually write in favour of the government have said that there is no intrusion at all and no problem in Ladakh.

In short, China knew what we wanted, but we did not know what they wanted. This was not a good starting point for a negotiation. India is a democracy and therefore in some ways it has fewer options. The government is under more pressure from media and opposition to provide an immediate solution (meaning the withdrawal of Chinese troops) and if such a thing happens then victory can be declared.

Prime Minister Modi himself has not taken either India or the opposition parties into confidence over what is happening and what has happened. We have not even officially been told what the position is with respect to the land lost between Fingers 4 to 8. The media which puts other parties under pressure at such times is giving Modi a lot of rope.

China can play a longer and bigger game strategically. Its leadership has no media pressure and so it can pursue its long term objectives by keeping its rivals unstable through such things as this current Ladakh occupation.

What are its long term strategic objectives and how are they aligned to the current crisis? What does it ultimately want? The experts do not know for sure.

One hopes Modi and this government does, as they give up the military option.

With inputs from National Herald

Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of KASHMIR TODAY and KASHMIR TODAY does not assume any responsibility or liability for the same.

(This story has not been edited by Kashmir Today staff and is published from a syndicated feed.)

Srinagar: A trooper died in Kashmir Valley due to Coronavirus infection here in Kashmir Valley on Monday.

This is the first death of a Para military trooper in Kashmir since the outbreak of Coronavirus pandemic.

Medical Superintendent Sher-I-Kashmir Institute of Medical Sciences Srinagar, Dr Farooq Jan told News agency KNT that Constable (name withheld) was admitted in the hospital on June 4 and on Monday morning he died of Covid-19 infection.

“The trooper was suffering from multiple ailments but Covid-19 is the main cause of his death,” Dr Jan said adding the trooper was posted in South Kashmir’s Anantnag district.

Jammu Kashmir has reported 42 deaths so for due to Coronavirus, among which 2 are non locals including this trooper, 4 are from Jammu and 36 from Kashmir. (KNT)

Div com kmr says, ‘All time mask, social distancing mandatory, people to go out of home only for necessary work’

Srinagar: As the administration has issued fresh guidelines and instructions for regulating activities within Jammu and Kashmir Union territory from today for effective containment of Covid-19, the Divisional commissioner Kashmir Monday appealed people to follow the fresh advisory and work wearing all-time Mask and maintain social distancing.

“People must follow recent advisory issued vide government order no 61 of Sunday. Eight valley districts continue to be RED. Only persons of age 10-60 are to go out of home for very necessary work,” Divisional commission Kashmir P K Pole told news agency Kashmir Indepth News Service (KINS).

He also said that people must wear all-time mask and should maintain social distancing.

In view of the abrupt spike in the number of coronavirus cases, the government Sunday declared eight districts in Kashmir and one in Jammu as red zones.

The administration also issued a modified quarantine procedure under which certain sections of people traveling from outside would be allowed to go for home quarantine.

According to KINS, the fresh guidelines and instruction order issued by the Chief Secretary, B V R Subrahmanyam, who is also the chairperson, state Executive committee, said that all the SOPs and instructions issued earlier in this regard or in the Sunday’s order shall be deemed to have been extended till the validity of this order or modified otherwise. Any deviation from this order shall attract penal action under Disaster Management Act, 2005, the order said.

According to the fresh standard operating procedures (SOPs) for the lockdown restrictions, Religious places will continue to remain closed in the Union Territory (UT) of Jammu and Kashmir.

However, the UT administration has allowed the opening of barber shops, saloons and parlours in J&K.

“Restaurants will start functioning from June 8 but only for home delivery and “take-aways”.

Malls will be opened and hotels also, but with 50 per cent capacity. While mini-buses, called as matadors, will operate on roads with 50 per cent capacity, buses will move with 67 per cent capacity in orange and green zones on the notified routes only. Only UT-owned State Roadways Transport Corporation buses will be allowed to operate in the red zones”.

The UT administration had decided to continue the ban on the inter-state or inter-province movement except for those having passes.

Meanwhile the District Disaster Management Authority (DDMA) Srinagar held a comprehensive review of situation and decided to continue the lockdown till further orders. Only minor exemptions have been allowed.

The DDMA order reads that restrictions notified in previous order dated 31 May 2020 shall continue till further orders and extensions granted therein shall remain applicable subject to condition of adherence to SOPs.

“The only exemption in today’s order is allowing home delivery by restaurants only after certificate of training issues, permission and testing of service delivery staff done. Pertinently the DDMA has trained the restaurant staff recently and conducted COVID tests as well”.

The only other exemption is plying of SRTC busss with 50% seat capacity. Srinagar has been notified as Red Zone district by Govt in today’s notification.

DDMA also directed Magistrates and SHOs to initiate strict action in case of violation of orders issued for mandatory wearing of mask in public places and violation of physical distancing norms at public places including all establishments. Fine of Rs 500 and Rs 1000 shall be recorded respectively apart from initiating proceedings against defaulters under Section 51 of Disaster Management Act.

District administration is also continuously holding conferences with religious heads and local committees to educate the people for precautions with focus on staying at home unless necessary to move out and wearing mask and maintain physical distance at public places
Meanwhile DDMA has appealed the poeple to observe the safety norms at public places as well at home especially hygiene to avoid spread of COVID-19. It took a serious note of large scale movement of persons and vehicles creating a serious challenge for enforcement, and called for cooperation by public. (KINS)

Talks with China cordial; diplomatic engagements will continue to resolve the issue, says MEA.

India has firmly conveyed its demand to China for restoring the status quo as existed in April along the border during the senior military commander talks on Saturday, sources said.

The Ministry of External Affairs (MEA) said the talks were held in a “cordial and positive” atmosphere, and both sides will continue the military and diplomatic engagements to “resolve the situation”.

Sources said the talks, which went on for several hours, remained inconclusive, but each side put across their issues, which would be conveyed to the respective governments and taken up in subsequent meetings. While India was firm on restoring the status quo of April and pull back of Chinese troops and equipment from inside India territory and along the LAC, the Chinese side raised objections to India’s infrastructure development.

It was conveyed that infrastructure development will go on in Indian territory and that China has already developed infrastructure on its side, sources said. Senior defence sources had told The Hindu earlier that infrastructure development would continue along the LAC despite the ongoing tensions. China’s actions violate the existing boundary agreement meant to preserve peace and tranquillity on the border and this was also communicated, it has been learnt.

“A meeting was held between the Corps Commander based in Leh and the Chinese Commander on June 6, 2020 in the Chushul-Moldo region,” the MEA said in a statement. The Indian delegation was led by Lt. Gen. Harinder Singh, 14 Corps commander and the Chinese side was led by Maj. Gen. Liu Lin, Commander of South Xinjiang military region.

Both sides agreed to peacefully resolve the situation in the border areas in accordance with various bilateral agreements and keeping in view the agreement between the leaders that peace and tranquillity in the India-China border regions is essential for the overall development of bilateral relations, the MEA stated.

In a release indicating that the government is still hopeful of a resolution of the standoff that has lasted weeks, the MEA said both sides have “maintained communications” through diplomatic and military channels in recent weeks, and called for an “early resolution” to the situation at the Line of Actual Control (LAC) in Ladakh. The senior military commander level talks are at the highest level so far in the series of military and diplomatic communications that the two sides have held to address the standoff.

Tensions between the two sides have continued for more than a month, and serious skirmishes were reported between the Indian Army and PLA soldiers at several points of the Line of Actual Control in Ladakh and Sikkim since May 5, where China is understood to have made significant incursions, and the Indian Army has also bolstered its positions. In its release, the MEA said the two sides will continue diplomatic and military engagements to resolve the “situation”, without elaborating on developments on the ground.

Communications between senior military commanders will ensure that tensions don’t flare up on the ground as talks continue at the highest levels to find a way to resolve the issue, an officer, who had served in the area in the past, said on condition of anonymity.

“Like we saw in Doklam and other standoffs in the past, troops on the ground will remain dug up till the issue is resolved at the diplomatic or political level,” the officer said, adding that it could be a long haul.

“Both sides also noted that this year marked the 70th anniversary of the establishment of diplomatic relations between the two countries and agreed that an early resolution would contribute to the further development of the relationship,” the MEA statement added.

With inputs from The Hindu