The Most Disturbing Trends Happening for Kashmiri Pandits.

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Raja Bhan

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Oct 8, 2009, 1:55:11 AM10/8/09

to S. K. Bhat, MAEJ_KASHEER, KPT, Kashmir interchange, AKUF

Respected Bhat Sahib,

NAMASKAR

The facts mentioned in your mail are very disturbing, specifically the point (c) in the prayer clause.

PRAYER CLAUSES IN THE

Hon’ble Supreme Court of India

STATUS SO FAR

c) To direct that in all meetings, negotiation, discussion or agreements concerning Kashmir Valley, the Respondents would be bound to consult and take consent of Kashmiri Pandits and their representatives i.e. the petitioners herein.

State Govt. has smartly managed to consume Kashmiri Pandits and petitioners in STATE GOVT. OWNED Apex Committee, thus converting their status from petitioners to respondents and smartly resulting in the writ petition being redundant and infructuous.

As far I have the experience of interacting with KP leadership for the last over Forty years now, I believe our KP leadership of all times used to be shrewd enough to take care of the community interests.

But then how our current Community leadership fell prey to the booby trap laid by the State Government and proved to be so naive and gullible, is really disturbing and the matter of concern for whole community.

I would request the current leadership to justify logic behind their decision of Joining State Government and weakening the supreme court PIL.

Regards,

Raja Ji.

On 10/6/09, S. K. Bhat <dr.bhat.sk@gmail.com> wrote:

SUPREME COURT OF INDIA

Case Status                                      Status : PENDING

Status of : Writ Petition (Civil)    534    OF 2006

ALL INDIA KASHMIRI SAMAJ & ORS.  .Vs.   UNION OF INDIA & ANR.

Pet. Adv. : MR. RAJIV TALWAR   Res. Adv. : MS. SUSHMA SURI

Subject Category : LETTER PETITION & PIL MATTER - OTHERS

Listed 5 times earlier                              Next Date of listing is : 29/01/2010
PRAYER CLAUSES IN THE

Hon’ble Supreme Court of India

STATUS SO FAR

a)         To issue a White Paper spelling out as to what led to the mass exodus of Kashmiri Pandits in 1990.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

b)         To declare Kashmiri Pandits as “Internally Displaced Persons” as per the guiding principles on “Internally Displaced Persons” adopted by OHCHR-(Office of the U.N High Commissioner for Human Rights.)

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

c)         To direct that in all meetings, negotiation, discussion or agreements concerning Kashmir Valley, the Respondents would be bound to consult and take consent of Kashmiri Pandits and their representatives i.e. the petitioners herein.

State Govt. has smartly managed to consume Kashmiri Pandits and petitioners in STATE GOVT. OWNED Apex Committee, thus converting their status from petitioners to respondents and smartly resulting in the writ petition being redundant and infructuous.

d)         To investigate, file and prosecute cases in respect of all the cases of massacre and murders in terms of Para 6 A, B and Para 16 of the writ petition and to direct that CBI shall investigate and prosecute the said cases.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

e)         To direct that the all encroachments on Pandits’ properties be vacated within 3 months under the direct supervision of a Custodian of Kashmiri Pandits properties to be appointed by Deptt. of Kashmir Affairs, Ministry of Home Affairs, Govt. of India.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

f)          To declare all the properties moveable and immovable sold by the displaced persons after 1989—90 as “Distress Sales” and in consequence declare the sales null and void and accordingly revoke and restore possession of the properties back to the respective Kashmiri Pandit who is the recorded owner through the custodian of properties duly constituted

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

g)         To direct that no properties belonging to the Pandits be acquired by the State Govt. without the prior concurrence of the Ministry of Home Affairs.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

Instead acquisition trend is continuing. And one of the glaring example is in the case of the property of the Advocate B. L. Wali himself whose property has been converted into Bus Stand (Adda) by the state Govt. despite court orders on the contrary.

h)         To direct the respondents to provide a permanent housing accommodations to all the Kashmiri minority migrants living in various parts of the country.

No hopes from Centre, State and its Apex Committee.

i)          To create employment opportunities for displaced persons and in particular give 10% reservations in various services under Central and State Governments.

No hopes from Centre, State and its Apex Committee, especially in view of the recent state cabinet decision deferment of 6000 Jobs.

j)          To create a separate National Commission for the Welfare of Kashmiri Pandits.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

k)         To order creation of a separate autonomous body for restoration, management and maintenance of temples which have been destroyed and desecrated after 1989—90 and also the other temples of KP’s’ in Kashmir valley.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

l)          To provide all displaced pundits their constitutional rights to vote to the candidate of their choice and to create constituency in exile and for the purpose to freeze the voter list of Jammu and Kashmir concerning to pundits as on 1^st January 1989 so that their names are not deleted

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

m)        To take appropriate action for nomination of representatives from minority/displaced community in the parliament as well in the State Legislature.

This issue is being discussed in the TRACK-2 diplomacy and very soon we will find one or two Apex Committee members being obliged.

n)         To grant the status of “Citizenship in Perpetuity” to the displaced Kashmiri Pandits and accordingly prepare a voter list as per the census in the year 1988.

No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

o)         To prepare a comprehensive rehabilitation package for displaced Kashmiri Pandits.

What has been the outcome so far is incomprehensive rehabilitation package for displaced Kashmiri Pandits by the efforts of all Centre, State and its Apex Committee, inspite of two such announced packages viz. 2500Cr and Rs. 1618Cr.

p)         To earmark proportionate amounts from the budget allocations by Respondent No.1 and Respondent No.2.

No hopes from all Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.

q)         Pass such other and further order/s as may be deemed fit and proper.

HOPING against the HOPE now, as the writ petition has become Redundant and infructuous.

THE LATEST OFFICE REPORT:

The Writ Petition above-mentioned was listed before the Hon'ble Court on 24 t h November, 2006, 12 t h March, 2007, 09 t h May, 2008 and 08 t h December, 2008, when the Hon'ble Court was pleased to pass the following orders:-
ORDER DATED: 24.11.2006

"Issue notice to Union of India only."

ORDER DATED: 12.03.2007

"Counter affidavit is being filed during the course of the day. One week time is granted for filing rejoinder affidavit.  Issue notice to the State of J&K."

ORDER DATED: 09.05.2008

"Learned counsel for the respondents are permitted to file additional documents.

List in September, 2008."

ORDER DATED: 08.12.2008

"As requested, four weeks time is granted for filing the rejoinder affidavit."  It is submitted for the kind information of the Hon'ble Court that service of show cause notice is complete upon both the Respondents. It is further submitted that Ms. Sushma Suri and Mr. S.N. Terdol, Advocates have on 01 s t May, 2007 and 14 t h October, 2008 filed counter affidavit and additional affidavit on behalf of Respondent No.1, i.e., Union of India and Mr. Anis Suhrawardy, Advocate has on 28 t h February, 2008 filed counter affidavit on behalf of Respondent No.2, i.e., State of Jammu & Kashmir. All the documents stand included in the Paper Books. It is again submitted that Mr. Rajiv Talwar, Advocate for the Petitioner has not filed rejoinder affidavit and Mr. Anis Suhrawardy, Advocate for Respondent No.2 has not filed additional affidavit in view of Court's order dated 09.05.2008, so far. The Writ Petition above-mentioned is listed before the Hon'ble Court with this Office Report for Orders.

Dated this the 11 t h day of February, 2009.

THE LATEST COURT ORDER:

Date: 20/02/2009 This Petition was called on for hearing today.

CORAM :

    HON'BLE THE CHIEF JUSTICE

    HON'BLE MR. JUSTICE P. SATHASIVAM

For Petitioner(s) Mr. Abhinav Rmkrishna, Adv.   For Mr. Rajiv Talwar,Adv.

For Respondent(s)        Ms. Binu Tamta, Adv. Mr. Gaurav Agrawal, Adv. Mr. S.N. Terdal, Adv.                          For Ms. Sushma Suri,Adv.  Mr. Anis Suhrawardy ,Adv

UPON hearing nsel the Court made the following

ORDER

The Union of India has filed an affidavit indicating the steps taken to rehabilitate the Kashmiri Pandits. The petitioner wants to file reply and seeks and granted three weeks time to file the same.

Post for final disposal after six weeks.
*************

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PRAYER CLAUSES IN THE Hon’ble Supreme Court of India	STATUS SO FAR
a) To issue a White Paper spelling out as to what led to the mass exodus of Kashmiri Pandits in 1990.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
b) To declare Kashmiri Pandits as “Internally Displaced Persons” as per the guiding principles on “Internally Displaced Persons” adopted by OHCHR-(Office of the U.N High Commissioner for Human Rights.)	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
c) To direct that in all meetings, negotiation, discussion or agreements concerning Kashmir Valley, the Respondents would be bound to consult and take consent of Kashmiri Pandits and their representatives i.e. the petitioners herein.	State Govt. has smartly managed to consume Kashmiri Pandits and petitioners in STATE GOVT. OWNED Apex Committee, thus converting their status from petitioners to respondents and smartly resulting in the writ petition being redundant and infructuous.
d) To investigate, file and prosecute cases in respect of all the cases of massacre and murders in terms of Para 6 A, B and Para 16 of the writ petition and to direct that CBI shall investigate and prosecute the said cases.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
e) To direct that the all encroachments on Pandits’ properties be vacated within 3 months under the direct supervision of a Custodian of Kashmiri Pandits properties to be appointed by Deptt. of Kashmir Affairs, Ministry of Home Affairs, Govt. of India.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
f) To declare all the properties moveable and immovable sold by the displaced persons after 1989—90 as “Distress Sales” and in consequence declare the sales null and void and accordingly revoke and restore possession of the properties back to the respective Kashmiri Pandit who is the recorded owner through the custodian of properties duly constituted	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
g) To direct that no properties belonging to the Pandits be acquired by the State Govt. without the prior concurrence of the Ministry of Home Affairs.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu. Instead acquisition trend is continuing. And one of the glaring example is in the case of the property of the Advocate B. L. Wali himself whose property has been converted into Bus Stand (Adda) by the state Govt. despite court orders on the contrary.
h) To direct the respondents to provide a permanent housing accommodations to all the Kashmiri minority migrants living in various parts of the country.	No hopes from Centre, State and its Apex Committee.
i) To create employment opportunities for displaced persons and in particular give 10% reservations in various services under Central and State Governments.	No hopes from Centre, State and its Apex Committee, especially in view of the recent state cabinet decision deferment of 6000 Jobs.
j) To create a separate National Commission for the Welfare of Kashmiri Pandits.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
k) To order creation of a separate autonomous body for restoration, management and maintenance of temples which have been destroyed and desecrated after 1989—90 and also the other temples of KP’s’ in Kashmir valley.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
l) To provide all displaced pundits their constitutional rights to vote to the candidate of their choice and to create constituency in exile and for the purpose to freeze the voter list of Jammu and Kashmir concerning to pundits as on 1^st January 1989 so that their names are not deleted	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
m) To take appropriate action for nomination of representatives from minority/displaced community in the parliament as well in the State Legislature.	This issue is being discussed in the TRACK-2 diplomacy and very soon we will find one or two Apex Committee members being obliged.
n) To grant the status of “Citizenship in Perpetuity” to the displaced Kashmiri Pandits and accordingly prepare a voter list as per the census in the year 1988.	No hopes from Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
o) To prepare a comprehensive rehabilitation package for displaced Kashmiri Pandits.	What has been the outcome so far is incomprehensive rehabilitation package for displaced Kashmiri Pandits by the efforts of all Centre, State and its Apex Committee, inspite of two such announced packages viz. 2500Cr and Rs. 1618Cr.
p) To earmark proportionate amounts from the budget allocations by Respondent No.1 and Respondent No.2.	No hopes from all Centre, State and its Apex Committee. No such issue was discussed in the recent Apex Committee meeting held in Jammu.
q) Pass such other and further order/s as may be deemed fit and proper.	HOPING against the HOPE now, as the writ petition has become Redundant and infructuous.