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Sagheer’s working group pleads cause of Paharis, Kolis
10/1/2010 9:27:47 PM

Syed Junaid Hashmi
Early Times Report
Jammu, Oct 1: The long forgotten Justice (Retd.) Sagheer working group report on centre-state relations has in one of its major recommendations pleaded with both New Delhi and Jammu and Kashmir government to consider granting Schedule Tribe (ST) status to Pahari, Argon and Koli communities of Jammu and Kashmir.
The report which is yet to be made public by the state government and has also been thrown into the bewilderness by New Delhi is exclusively available with early times. Contents of report did appear in a local Jammu-based daily but early times is going to publish the report verbatim for the readers who have a democratic right to know what Sagheer had recommended actually.
The 196 page report along with 400 pages of annexures and a small booklet of recommendations though addressed to Prime Minister Manmohan Singh was strangely presented to Chief Minister of Jammu and Kashmir Omar Abdullah on December 23, 2009 in Jammu by the chairman of the working group Justice (Retd) Sagheer Ahmed through group’s secretary Ajit Kumar.
The report has among other important recommendations brought into sharp focus the long pending demand of Paharis for being granted schedule tribe status. It has cited Article-342 of constitution of India which outlines procedure to be followed for specification of Scheduled Tribe but does not contain criterion for specification of any community as Scheduled Tribe.
Justice Sagheer has recommended for seriously looking into the demand of ST status being raised by various communities including Paharis seriously. Pointing towards provisions enshrined in the constitution of India, the report say that section 1 of Article-342 empowers president of country to specify tribes or tribal communities or parts of or groups within tribes or tribal communities as Scheduled Tribes (ST) while section 2 allows parliament to include or exclude any tribe or tribal community from the list of scheduled tribes.
However, annexures of the report clearly indicate that Justice Sagheer has made this recommendation despite stiff opposition by schedule caste and Gujjar/Bakarwal members of working group. Congress Legislative Party (CLP) leader Choudhary Mohammed Aslam had lodged a strong protest against giving ST status to Paharis.
A mention of Aslam’s stiff opposition is in the minutes of working group meetings but the report is silent about this. Similarly, Tara Chand who is Deputy Chief Minister of present NC-Congress coalition government had also opposed Schedule Tribe status to any community on linguistic basis. No mention of the same has been made in the report.
The only person to find space in Justice Sagheer’s report is Yashpal Bhagat who was then in BSP and is presently in National Conference (NC). He, according to the report had submitted a written appeal opposing the inclusion of Paharis in Scheduled Tribes (ST). Present Secretary of Jammu and Kashmir Academy of Art, Culture and Languages (JKAACL) Zafar Iqbal Manhas had sought Scheduled Tribe status for Pahari speaking people residing mainly in districts of Rajouri and Poonch in Jammu region and Baramulla and Kupwara in Kashmir region. Buddhist leader and former Member Parliament (MP) Thupstan Chhewang and Congress leader from Kargil Haji Nissar Ali had both sought Scheduled Tribe (ST) status for Argon.
Deputy Chief Minister Tara Chand had pleaded for granting Schedule Tribe (ST) status to Koli community. Apart from recommending ST status to Pahari, Argon and Koli communities, the working group report rejected proposal of some members for having separate quotas for reservation in each district and division of state. To supplement this, report has referred to judgment of Supreme Court against reservation on regional basis.
On the issue of excluding residents of backward area (RBA) and person living in areas adjoining Actual Line of Control (ALC) from list of socially and educationally backward classes, working group report has made mention of observations of supreme court in writ petition no. 107 of 1965 in the case of Tirloki Nath and another vs. State of Jammu and Kashmir and recommended that criteria laid down by supreme court in this judgment for determining classes to be treated as backward should be adhered at all cost.
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