Issues like Autonomy Resolution of Legislature can not be so simply put under the mat
Daya Sagar Sharma
September 05, 2010
The one most agitating question that Farooq Abdullah has raised on the floor of Lok Sabha { last Thursday 26 August 2010 } is about mutual trust . While Referring to the June 2000 Autonomy Resolution of JK Legislative Assembly. Dr. Farooq said { i} "Dil pe raj karna hai zameen pe nahin ", {ii} When we brought the AutonomyResolution, I thought we will join hearts. But you let me down, "Vajpayee told me he had not even read the autonomy. I pleaded before him to read it as it is all well within the ambit of the constitution,{iii} " Most Kashmiries want to find a solution to the problems within India…not in Pakistan, China or America. . But the Union Cabinet had out rightly rejected the SAC report. In case Dr. Farooq is to be believed he has not been given fair treatment
No doubt in Jammu and Kashmir there are many opinion makers who disapprove the demands for undoing the laws passed by Indian parliament and r extended to JK with due approval of JK Assembly / Government. But the advocates of Greater Autonomy / Autonomy / Autonomy Resolution argue that the Autonomy Resolution too has been passed by the same JK Assembly { then why reject it out rightly}. True, the advocates of Autonomy Resolution do deserve a reply. But, what problem New Delhi leadership has in discussing the demand even on floor of Parliament ? Parliament / Government of India can reject the Autonomy Resolution in case it is not within the purview of JK Assembly or it is unconstitutional. Keeping the " duck" in the box would keep on disturbing peace at occasions. Such unresolved issues would also divert the energies of leaders like Farooq Abdullah that could otherwise be used for protecting the Kashmiri masses from the anti 1947 accession elements / ideologies in Kashmir valley.
National Conference had shelved the issue of Autonomy during the times of Indira Gandhi ( 1975). It was again revived through a political resolution by NC in November 1994. On 26 June 2000 a resolution was passed in the Legislative Assembly adopting the report of State Autonomy Committee ( SAC was first headed by Dr. Karan Singh and was later by Mohi u Din Shah ). J&K Assembly Autonomy Resolution has been defended by its authors for its being {i} with in the provisions of Indian Constitution. {ii} in accordance with commitment made the Government headed by Jawahar Lal Nehru Dr. Farooq Abdullah told on 15 July 02 that Center Government had agreed for discussing the Autonomy Resolution with the State Government. L.K.Advani announced on the floor of Lok Sabha on 16th July 2002 that former law minister Arun Jaitley will be Center´s point man to discuss with JK Government and political parties there the issue of devolution of more powers to State It was on 25 July 02 that Jaitley and J&K Government representative Shri Ghulam Mohi-ud-Din Shah met. They fixed the date for regular meeting as 9th August ( 2002). To some the date for the first meeting appeared to give the subject of Autonomy Resolution a 1953 face lift . It was on 9th August that Sheikh Mohd Abdullah was arrested under the orders of Sadar-e- Riyasat Yuvraj Karan Singh . Jawahar Lal Nehru informed the Lok Sabha on 10 Aug1953 that action of the Sadar e Riyasat was a local issue of State government where Sheikh Abdullah had lost support of his Ministers and senior party colleagues. But Mr Arun Jaitley neither could carry further nor could tell in simple words the objective of his appointment. Mr. N. N. Vohra , Centre´s official point man, had ( April 2003) taken over the job from Mr. Arun Jaitly. Mr. Vohra´s proceedings too remained in a shell.
And then came the 5th Working Group constituted by Man Mohan Singh that had in its terms of reference matters relating to Strengthening Relations Between The State And The Centre. At the first meeting of the Group on 12th December 2006, it was said by Saghir Ahmad Chairman of the Group that the Group was not concerned with the dispute between Indian and Pakistan pertaining to the State of Jammu and Kashmir . And therefore it { Group} will confine itself to the considering of the question relating to Centre State Relations with in the framework of the Constitution of India. Report of the Vth Working Group headed by Saghir Ahmad { Ex Justice JK and Andra Pradesh High Courts and former Judge of SC of India } that should have presented to Prime Minister was instead presented to JK Chief Minister Omar Abdullah at Jammu on 23 rd December 2009.. More over the report was presented by the Secretary of the Group Mr. Ajit Kumar. Saghir Ahmad had taken three years to prepare the report and the report disappointed all reasoning minds. Jammu and Kashmir had lived in three more years of turmoil and confusions. So strangely the report contained bulk of the material that was not with in the terms of reference of the Group. But the real terms of reference were casually handled. The working group report is a hurriedly drawn inconclusive document. Otherwise Chief Minister Omar Abdullah would not have suggested the Prime Minister while presenting the report to him on 30 December that Centre should hold further dialogue with political parties on the issue of Autonomy and other issues..
National Conference Autonomy / JK State Assembly Resolution was in the terms of reference of the Group. National Conference / JK Government presented the documents on the Autonomy to the Group. Mr. Abdul Rahim Rathar presented the case. PDP did not submit any document. The report of the Group reproduced the features from the NC document and also the verbal presentations where ever made by PDP. The report was so carelessly prepared that the presentations by leading advocate like Arun Jaitley were not included in Volume 1 of the report as was done for NC and PDP. The WG was headed by a Ex.Judge SC who had also remained CJ of HCs of two States. Working Group had only one document before it for study i.e Autonomy Resolution. It is so disappointing that Saghir Ahmad could not make a judgment or specific recommendations the only one relevant document in over 3 years ".I would quote from the summary of Recommendations of the report :"The question of Autonomy and its demand can be examined in the light of Kashmir Accord or in some other manner or on the basis of some other formulae as the present Prime Minister may deem fit and appreciate so as to resolve the Autonomy to the extent possible ". How funny Chairman of the WG after three years is suggesting that Question of Autonomy can be examined. What was he doing ? And more surprising is his suggesting that the "PRESENT Prime Minister can draw some basis to resolve. Surely a non serious advice. This raises questions many questions. In case exercise had to be still done from zero what was Saghir Ahmad doing for three years? Can he justify the state finances and time wasted under his Chairmanship . All this shows that no seriousness prevails at New Delhi.
The only sufferers have been and shall be the people of Jammu and Kashmir. The questions , doubts and demands in the minds of the common man have to be attended to, answered , cleared or accepted or dropped with due reasoning / justifications and not by force. And above all in case the issues that take emotional over tones over the period are not settled properly , peace would never return Surely it has been so with the common masses of Kashmir valley. Government of India needs too spell out very clearly the objections it has to the Autonomy Resolution. And simultaneously the National Conference must also issue some open simple document on NC Autonomy that a common man J&K can understand so as to make his opinion on the same. (*Daya Sagar is a social activist and leading coloumnist on J&K Affairs dayasagr45@yahoo.com}
No doubt in Jammu and Kashmir there are many opinion makers who disapprove the demands for undoing the laws passed by Indian parliament and r extended to JK with due approval of JK Assembly / Government. But the advocates of Greater Autonomy / Autonomy / Autonomy Resolution argue that the Autonomy Resolution too has been passed by the same JK Assembly { then why reject it out rightly}. True, the advocates of Autonomy Resolution do deserve a reply. But, what problem New Delhi leadership has in discussing the demand even on floor of Parliament ? Parliament / Government of India can reject the Autonomy Resolution in case it is not within the purview of JK Assembly or it is unconstitutional. Keeping the " duck" in the box would keep on disturbing peace at occasions. Such unresolved issues would also divert the energies of leaders like Farooq Abdullah that could otherwise be used for protecting the Kashmiri masses from the anti 1947 accession elements / ideologies in Kashmir valley.
National Conference had shelved the issue of Autonomy during the times of Indira Gandhi ( 1975). It was again revived through a political resolution by NC in November 1994. On 26 June 2000 a resolution was passed in the Legislative Assembly adopting the report of State Autonomy Committee ( SAC was first headed by Dr. Karan Singh and was later by Mohi u Din Shah ). J&K Assembly Autonomy Resolution has been defended by its authors for its being {i} with in the provisions of Indian Constitution. {ii} in accordance with commitment made the Government headed by Jawahar Lal Nehru Dr. Farooq Abdullah told on 15 July 02 that Center Government had agreed for discussing the Autonomy Resolution with the State Government. L.K.Advani announced on the floor of Lok Sabha on 16th July 2002 that former law minister Arun Jaitley will be Center´s point man to discuss with JK Government and political parties there the issue of devolution of more powers to State It was on 25 July 02 that Jaitley and J&K Government representative Shri Ghulam Mohi-ud-Din Shah met. They fixed the date for regular meeting as 9th August ( 2002). To some the date for the first meeting appeared to give the subject of Autonomy Resolution a 1953 face lift . It was on 9th August that Sheikh Mohd Abdullah was arrested under the orders of Sadar-e- Riyasat Yuvraj Karan Singh . Jawahar Lal Nehru informed the Lok Sabha on 10 Aug1953 that action of the Sadar e Riyasat was a local issue of State government where Sheikh Abdullah had lost support of his Ministers and senior party colleagues. But Mr Arun Jaitley neither could carry further nor could tell in simple words the objective of his appointment. Mr. N. N. Vohra , Centre´s official point man, had ( April 2003) taken over the job from Mr. Arun Jaitly. Mr. Vohra´s proceedings too remained in a shell.
And then came the 5th Working Group constituted by Man Mohan Singh that had in its terms of reference matters relating to Strengthening Relations Between The State And The Centre. At the first meeting of the Group on 12th December 2006, it was said by Saghir Ahmad Chairman of the Group that the Group was not concerned with the dispute between Indian and Pakistan pertaining to the State of Jammu and Kashmir . And therefore it { Group} will confine itself to the considering of the question relating to Centre State Relations with in the framework of the Constitution of India. Report of the Vth Working Group headed by Saghir Ahmad { Ex Justice JK and Andra Pradesh High Courts and former Judge of SC of India } that should have presented to Prime Minister was instead presented to JK Chief Minister Omar Abdullah at Jammu on 23 rd December 2009.. More over the report was presented by the Secretary of the Group Mr. Ajit Kumar. Saghir Ahmad had taken three years to prepare the report and the report disappointed all reasoning minds. Jammu and Kashmir had lived in three more years of turmoil and confusions. So strangely the report contained bulk of the material that was not with in the terms of reference of the Group. But the real terms of reference were casually handled. The working group report is a hurriedly drawn inconclusive document. Otherwise Chief Minister Omar Abdullah would not have suggested the Prime Minister while presenting the report to him on 30 December that Centre should hold further dialogue with political parties on the issue of Autonomy and other issues..
National Conference Autonomy / JK State Assembly Resolution was in the terms of reference of the Group. National Conference / JK Government presented the documents on the Autonomy to the Group. Mr. Abdul Rahim Rathar presented the case. PDP did not submit any document. The report of the Group reproduced the features from the NC document and also the verbal presentations where ever made by PDP. The report was so carelessly prepared that the presentations by leading advocate like Arun Jaitley were not included in Volume 1 of the report as was done for NC and PDP. The WG was headed by a Ex.Judge SC who had also remained CJ of HCs of two States. Working Group had only one document before it for study i.e Autonomy Resolution. It is so disappointing that Saghir Ahmad could not make a judgment or specific recommendations the only one relevant document in over 3 years ".I would quote from the summary of Recommendations of the report :"The question of Autonomy and its demand can be examined in the light of Kashmir Accord or in some other manner or on the basis of some other formulae as the present Prime Minister may deem fit and appreciate so as to resolve the Autonomy to the extent possible ". How funny Chairman of the WG after three years is suggesting that Question of Autonomy can be examined. What was he doing ? And more surprising is his suggesting that the "PRESENT Prime Minister can draw some basis to resolve. Surely a non serious advice. This raises questions many questions. In case exercise had to be still done from zero what was Saghir Ahmad doing for three years? Can he justify the state finances and time wasted under his Chairmanship . All this shows that no seriousness prevails at New Delhi.
The only sufferers have been and shall be the people of Jammu and Kashmir. The questions , doubts and demands in the minds of the common man have to be attended to, answered , cleared or accepted or dropped with due reasoning / justifications and not by force. And above all in case the issues that take emotional over tones over the period are not settled properly , peace would never return Surely it has been so with the common masses of Kashmir valley. Government of India needs too spell out very clearly the objections it has to the Autonomy Resolution. And simultaneously the National Conference must also issue some open simple document on NC Autonomy that a common man J&K can understand so as to make his opinion on the same. (*Daya Sagar is a social activist and leading coloumnist on J&K Affairs dayasagr45@yahoo.com}
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