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J&K: Supreme Court asks Centre to restore normalcy without compromising on national interest

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J&K Situation

Centre says lockdown hasn’t affected normal life, defends prohibitory orders

The Supreme Court today – Monday, Sep 16 – directed the Centre and the Jammu & Kashmir government to ensure that normalcy is restored in Jammu & Kashmir on a selective basis and without compromising on national interest.

The order was passed in a batch of petitions filed by Kashmir Times Editor Anuradha Bhasin and political activist Tehseen Poonawalla challenging the shutdown in the J&K. The Supreme Court had tagged the two pleas together and issued notice in the matter last month.

The court granted permission to Congress leader Ghulam Nabi Azad to visit Srinagar, Anantnag, Baramullah and Jammu districts to enquire about the well being of his family members. In a separate plea, the top court issued notice to the Centre on the detention of former J&K Chief Minister Farooq Abdullah. CJI Ranjan Gogoi said he will visit Srinagar himself if necessary after a petition put forth allegations of inaccessibility of the Jammu and Kashmir High Court.

The communications blackout has been in place since August 5, when the Presidential Order revoking the Special Status granted to Jammu and Kashmir and splitting it into two Union Territories was passed.

While Bhasin and Poonawalla contended that the shutdown had affected normal life in J&K, Attorney General KK Venugopal and Solicitor General Tushar Mehta countered and sought to justify prohibitory orders.

The Court proceeded to direct the Government to ensure that normalcy is restored in the J&K and that hospitals, schools and public transport are made functional. However, the same is to be done keeping in mind the national interest.

“We direct Jammu and Kashmir to make every endeavour to make sure normal life returns,” said a three-judge bench headed by Chief Justice Ranjan Gogoi.

“We ask for restoration to be on selective basis keeping in mind national interest,” said the judges.

The bench, which included justices SA Bobde and SA Nazeer, said as the shutdown was in the Kashmir Valley, it could be dealt with by the Jammu and Kasmir High Court.

The petition filed by Bhasin, who is the Executive Editor of the regional newspaper, Kashmir Times, contends that the shutdown of internet and telecommunication, the severe restrictions on mobility and the sweeping curtailment on information sharing, when significant political and constitutional changes are being effected in Jammu and Kashmir, violate the freedom of speech and expression under Article 19, the right of the public to information and the right to practice one’s profession.

In this backdrop, Bhasin argued for the withdrawal of Government restrictions in J&K terming the lockdown to be an abuse of State power.

Registering his objection to the “present grim and lockdown situation ongoing in J&K”, Poonawalla had also moved the Court earlier praying for the withdrawal of restrictions imposed following the abrogation of Article 370 of the Constitution, the release of detained leaders in Jammu and Kashmir and the appointment of a judicial commission to ascertain the ground reality in Jammu and Kashmir.

The top court also issued a notice to the Centre and state on Bhasin’s plea.

The government told the court that there had been no loss of life during the restrictions, which have been in place to avoid any backlash over the Centre’s decision.

“Not a single bullet has been fired, there has been no loss of life,” said the Centre’s lawyer, Solicitor General Tushar Mehta.

Restrictions have been removed in 93 police stations and there are no restrictions in Ladakh, he said, giving an account of OPDs, medical shops and Public Distribution Shops functioning across the state.  The court also directed the state government to make every endeavour for people to have access to health care.

The judges were told by the centre that all Kashmir-based newspapers were running and the government had been offering all kinds of assistance to journalists.

“Media passes are given for access to restricted areas and journalists are given access to phones and Internet,” adding that “TV channels like Doordarshan and others private ones, as well as FM networks are also working.”

“Over 40,000 lives were lost in Jammu and Kashmir since 1990. Separatists even received funding from the Pakistan High Commission,” Venugopal informed the top court, adding that there was a three-pronged attack on J&K administration before August 5. “By separatists funding stone pelters, by terrorists from across border and by businessman Zahoor Watali who was funding local militants,” he said.

Also Read: Farooq Abdullah detained under NSA night before Supreme Court heard plea to produce him

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BJP says it stands for credibility of promises under PM Modi, Congress for crisis

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

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The BJP said on Saturday that it stood for the credibility of promises made under Prime Minister Narendra Modi’s leadership, while labeling the Congress party as one suffering from a crisis of credibility, intensifying their ongoing rhetorical conflict over unfulfilled electoral pledges.

BJP spokesperson Sudhanshu Trivedi said that the ruling party has expanded its welfare initiatives, including health insurance, free food grains, and cash transfers to farmers, emphasising a strategy focused on wealth creation followed by equitable distribution as the Indian economy has grown over the last decade.

“We believe in the creation of wealth and its distribution. The Congress fosters corruption and depletes wealth,” he stated, referencing numerous unfulfilled promises made by Congress-led governments across various states.

Following Mallikarjun Kharge’s remark labeling “Modi ki guarantee” as a cruel joke after Modi seized Kharge’s guidance on budgetary constraints in state poll announcements, the BJP launched new accusations.

Trivedi mockingly questioned whether Kharge was truthful in his statements made the previous day, implying that his critiques of the BJP were a reaction driven by pressure to reconcile his earlier remarks.

Trivedi highlighted several accomplishments of the Modi government, including the construction of the Ram temple, the abrogation of Article 370, the building of over 14 crore homes for the impoverished, the establishment of more than 51 crore Jan Dhan accounts, and a firm stance against terrorism from Pakistan, to demonstrate the government’s fulfillment of its commitments.

He noted that Kharge, having witnessed notable leaders like PV Narasimha Rao and Pranab Mukherjee manage economic challenges effectively, is now observing the Congress party struggling under the influence of urban Naxals due to Leader of Opposition in the Lok Sabha Rahul Gandhi.

Addressing Kharge’s criticisms on various issues, Trivedi pointed to data from the Employees’ Provident Fund Organisation (EPFO) indicating a rise in account holders from 11 crore to 25 crore over the past decade.

He also referenced significant infrastructure projects, such as the construction of homes for the poor, 74 new airports, and an impressive pace of 37 kilometers of road built per day, claiming that these initiatives have created substantial employment opportunities.

“India is now ranked third in auto manufacturing and second in mobile phone manufacturing; if anyone is unable to recognize the country’s progress, there is a profound deficiency in their perspective,” asserted the BJP spokesperson.

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Maharashtra elections: Congress says Mahayuti understands its exit is certain

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

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The Congress on Wednesday asserted the ruling Mahayuti government in Maharashtra has understood that its exit is certain as the Maha Vikas Aghadi alliance is strong and that all its candidates are in a strong position for the upcoming Assembly elections in the state.

Congress leader Sachin Pilot, also an observer of the Congress party for the Maharashtra elections, said that the ruling Mahayuti alliance is aware that its exit is imminent.      

The Congress leader stated that the party is fully prepared and that its ally parties in Maharashtra are strong. He mentioned that the seat-sharing negotiations occurred in a positive atmosphere and that the ruling party has recognized that their exit is inevitable.

“All the candidates of the Maha Vikas Aghadi (MVA) are in a strong position. The people here have decided to support Congress and its allies in the upcoming Assembly elections,” he said.

He also noted that the alliance’s performance in the recent Lok Sabha elections was impressive. “Wherever Congress contested, our candidates won 80 percent of the seats. We expect this trend to continue,” he added.

Pilot acknowledged that there have been some differences among party members regarding specific seats but assured that those issues would be resolved in the next 2-3 days, ensuring there would be only one candidate from the MVA for each seat.

Earlier in the day, Ramesh Chennithala, Congress in charge of Maharashtra, slammed the BJP, claiming that the party is undermining its alliances in the state.

“The BJP is dismantling its alliances. They are forcefully converting alliance partner candidates into their own party candidates. The people will respond to this,” he stated while speaking to reporters.

Earlier on October 26, Chennithala alleged that crores of rupees have been reportedly offered to two of its MLAs to join Maharashtra Deputy Chief Minister Ajit Pawar-led NCP faction, ahead of state Assembly elections.

Chennithala made those allegations while speaking to reporters in the national capital. He also questioned the Maharashtra Chief Minister Eknath Shinde.

Voting for all 288 constituencies for the Maharashtra Assembly elections are set for November 20 and counting on November 23. In the 2019 Assembly elections, the BJP won 105 seats, the Shiv Sena 56, and the Congress 44. In 2014, the BJP secured 122 seats, the Shiv Sena 63, and the Congress 42.

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Rahul Gandhi not upset, Opposition spreading fake news: NCP (SP) leader Anil Deshmukh

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

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Asserting that Leader of Opposition in the Lok Sabha and Congress leader Rahul Gandhi was not upset with the Maharashtra unit, NCP (SP) leader Anil Deshmukh on Saturday accused the Mahayuti of spreading fake news over the issue of seat-sharing in the state.

Deshmukh mentioned that meetings between leaders of Congress in Maharashtra, including Balasaheb Thorat, Nana Patole, and Vijay Wadettiwar, and representatives of NCP (SP) and Shiv Sena (UBT), went well.

“Rahul Gandhi is not upset. Leaders like Balasaheb Thorat, Nana Patole and Vijay Wadettiwar all had meetings with leaders of NCP-SCP and Shiv Sena (UBT). We had taken the decision regarding seat sharing based on merit,” the NCP(SP) leader said.

He further clarified that the decision on seat sharing was made based on merit, countering the false information being spread by Opposition parties. Deshmukh also dispelled the notion that Rahul Gandhi was upset with the state leaders.

“Opposition parties are spreading false information. It is not true that Rahul Gandhi is upset with leaders in the State,” he said.

Furthermore, in preparation for the upcoming Assembly polls in Maharashtra, Congress released its second list of 23 candidates on Saturday.

The Maha Vikas Aghadi (MVA) has concluded talks on sharing seats in 255 constituencies, with each party planning to contest 85 Assembly constituencies, as informed by Maharashtra Congress President Nana Patole.

On the same day, the BJP released a list of 40 star campaigners, including prominent party leaders such as Prime Minister Narendra Modi, party chief Jagat Prakash Nadda and Union Home Minister Amit Shah.

The other leaders from the saffron party — Union Minister Nitin Gadkari, Defence Minister Rajnath Singh, Uttar Pradesh Chief Minister Yogi Adityanath, Assam Chief Minister Hemant Biswa Sarma, Madhya Pradesh Chief Minister Shivraj Singh Chouhan, Union Minister Bhupendra Yadav, Smriti Irani, Piyush Goyal, Jyotiraditya Scindia, Pramod Sawant were in the list.

The list also includes names of prominent leaders from the State — Maharashtra deputy CM Devendra Fadnavis, Vinod Tawde, Narayan Rane, Pankaja Munde, Chandrakant (Dada) Patil, Girish Mahajan, Radhakrishna Vikhe Patil, Ashish Shelar, Udayan Raje Bhonsle, Raosaheb Danve Patil, Ashok Chavan, Sudhir Mugantiwar, Navneet Rana, among others.

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