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| Bhim's partial victory, Constitution Bench to take final view | | Rehabilitation policy for militants | | Early Times Report
JAMMU, July 5: Bhim Singh of the Jammu and Kashmir National Panthers Party (JKNPP) has held his ground and scored a partial victory. It appears he may succeed in obtaining a landmark judgment from the Supreme Court of India leading to the withdrawal of that cabinet decision of the NC-Congress coalition government under which the Pakistan-trained, indoctrinated and dreaded terrorists and militants of Kashmir origin would be permitted to return to J&K and get themselves rehabilitated with "honour" at the cost of the national security as well as the poor taxpayers.
The hope that Bhim Singh and his team comprising Advocates B.S. Billowria, Gaurav Kumar Bansal and Ritu Puri may succeed in obtaining a favourable decision has stemmed from the positive view the Vacation Bench of the Supreme Court took on Monday on the petition filed by the JKNPP seeking stay on the operation of the controversial decision taken by the state government and the union government on the so-called surrender, return and rehabilitation policy. The Vacation Bench did not reject the petition. Instead, it found substance in it and referred the whole case to the Constitution Bench of the Supreme Court of India. The JKNPP had filed the petition on July 1.
The petition filed by JKNPP before the Supreme Court challenging the "constitutionality of the permit for return of the terrorists from Pakistan (and) their rehabilitation in Kashmir" was listed before the Division Bench of the Supreme Court of India comprising JJ Mr. Altmas Kabir and Mr. Cyriac Joseph for Monday, July 4. After hearing Bhim Singh, Advocate for the petitioner, the court referred the petition to the Constitution Bench of the Supreme Court.
The petition had, as reported on Monday by Early Times, challenged the decision of the state government backed to the hilt by the Union Home Ministry that provided that the "militants who defected to Pakistan between 1989 and 1990 to seek arms…training shall be brought back to Kashmir by issuing permits by the Union Home Ministry." About 1300 militants have been recommended by J&K Govt. to return to Kashmir. The petition had described this "act of (the) J&K government…as (a) threat to the security of the country which may (also) disturb communal harmony of the country."
The petitioner had advanced four basic arguments. One, "the act or order of the respondents to facilitate return of the militants/ terrorists from Pakistan to the Indian Territory is violation of the stay order issued by this Hon'ble Court." (The petition referred to the stay on the operation of the 1981 Resettlement Act that had entitled those Muslims to return to the state who had migrated to Pakistan in 1947 in the wake of the country's partition and became Pakistani nationals.)
Two, "the return and rehabilitation of the Pakistan-trained militants, who have been indoctrinated on Al-Qaeda pattern) (constitutes a danger) to the security, unity, integrity and sovereignty of the entire nation. That it is only Parliament of India that is vested with the power to legislate to accord nationality or citizenship rights to the foreigners or strangers and (the) same authority cannot be exercised by an Executive Authority, may it be Union of India or a Provincial Government."
Three, "such an act of return and rehabilitation shall cost the entire nation, particularly thousands of Kashmiri youth who have been defending national flag, territory, unity and integrity of the state and sacrificing their lives by holding national flag on their shoulders against the terrorists and fundamentalist forces for the past 30 years in J&K. "
And, lastly, "a common person in India is being taxed with unbearable burden to contribute money for the country which shall be absolutely (misused) by spending on the welfare and rehabilitation of the enemies of peace who have indulged in wars and violence against the Union of India amounting to waging of war. Hence, such a law/policy is not only draconian but a threat to the national security."
One can only hope and pray that the Constitution Bench would take a positive view on the petition and defeat those thinking in terms of bringing back to the state hardcore terrorists and Pakistani agents. |
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