Round The States
New Delhi, 7 January 2023
Utt’khand Eviction Drive
SC SENDS STRONG MESSAGE
By Insaf
Three cheers to the Supreme Court.
It may have killed two birds with one stone. One, it rightly stayed the
Uttarakhand High Court order for removal of encroachments from Railways land in
Haldwani saying it was ‘a human issue’ and ‘50,000 people can’t be uprooted in
seven days.’ Two, the case and order should make other States wary of ordering
eviction without a rehabilitation plan in place. Thursday last order considered
residents’ claim they have title to the land and that a ‘practical way’ must be
found by Railways and State government. The HC had on December 20 ordered
demolition of constructions over alleged encroached railway land, 29 acres, and
given a week’s notice to 4,365 encroachers at Banbhoolpura in Haldwani. Of the
50,000 people, majority are Muslims, and the petitioners argued the HC ought to
have given due consideration to documents such as municipal records showing
house tax being paid regularly instead of making allegations of ‘vote bank
politics’ against State. While accepting the Railways needs, the top court
observed there ‘are multiple angles arising from the nature of land, ownership,
of rights conferred...,” and advised “a workable arrangement to segregate
people who may have no rights in the land... coupled with rehabilitation
schemes which may already exist…” The State’s response by February 7 is worth a
watch. Will it offer a practical solution given there are religious places,
schools, business establishments and residences in the said area or drag on the
issue? The SC says the aim should be to settle it ‘one way or the other.’
Rightly, as other States may be on the same track, waiting for a signal.
* * * *
Jammu & Arunachal Concern
The Centre seems to be woken up from
its slumber in Jammu and Arunachal Pradesh. Security situation in both States
is a serious cause of worry. Jammu’s Rajouri and Poonch districts have caught
North block on the wrong foot. With Union Home Ministry concentrating on
Kashmir Valley, terrorists have set their eyes on the Jammu region. A nagging
fear now lurks among the people in the district, who are seen protesting after
twin terror attacks in the two border districts claimed six lives, including
two children, and with 11 injured. On Wednesday authorities decided to enhance
security and increased the number of CRPF companies to 18, approximately 1800
personnel in the minority areas in the region. The
L-G office has announced a compensation of Rs 10 lakhs and a government job to
the family of those killed in the firing incident. But the people yearn for a
sense of security, which was promised after abrogation of Article 370.
Development is far on the agenda.
Likewise, Defence Ministry should be
working overtime, given the recent clashes on the LAC in the Tawang sector of
Arunachal Pradesh. On Tuesday last, Defence Minister Rajnath Singh visited
Boleng in the northeast State to inaugurate a Border Roads Organisation bridge.
There he asserted that Indian Army has every capability to thwart challenges
along the border to protect the country’s territory. In the same breath he
added that India never encourages war, and always wants to maintain cordial
relations with its neighbours… but the country has every capability to face any
kind of situation if provoked.” Many defence experts would question the
statement, as India doesn’t seem to respond with equal vigour to the
provocations. Worse, it is silent on reports of China developing model villages
along the LAC. However, it is now attaching top priority in developing
infrastructure to strengthen the border with five in the State and enhance ‘operational
preparedness’ of Armed forces, and ensure socio-economic development of
far-flung regions. Is it enough?
* * * *
Gujarat Police Empowered
BJP government in Gujarat has
empowered its police force to take action against protestors by removing what
it calls ‘impediments’. The Code of Criminal Procedure (Gujarat Amendment)
Bill, 2021, passed by State Assembly last March, got the President’s assent on
Wednesday last. The bill facilitates registration of criminal cases against
persons who stage protests in violation of Section 144 of the CrPC without
informing local courts in writing, which was the case thus far under section
195 of the CrPC. It makes any violation of prohibitory orders a cognisable
offence under IPC Section 188 (disobedience to an order duly promulgated by a
public servant). The Bills’
statement and objects say:
‘Gujarat government, police commissioners and DMs are empowered to issue
prohibitory orders, directing any person to abstain from a certain act or to
take certain order to prevent disturbance of public tranquillity or a riot or
an affray to maintain public order on various occasions.’ The police officers, deployed
on such duties come across incidents of violation and need to take appropriate
legal action, but taking permission in writing from courts turns out be an
impediment and therefore done way with. Given that maximum punishment under IPC
Section 188 is 6-month imprisonment, protestors need to think twice as police
officers have got a license to register cases. And with time it could be with
impunity!
* * * *
Andhra’s GO Row
Public safety or is politics being
played out, is a question doing the rounds in Andhra Pradesh. It arises after
TDP supremo Chandrababu Naidu and his convoy was stopped from entering his
Kuppam constituency on Wednesday last, with the police citing Government Order
issued on Monday prohibiting public meetings and rallies from being held on
roads, including national highways, quoting public safety. This after 8 persons
died in a stampede at Naidu’s a rally on December 28. However, Chief Minister Jaganmohan
Reddy maybe edgy over his rival getting a
resounding response during his tours, where he’s defiant and critical. The government
is “muzzling not just the Opposition’s voice but the people’s voice itself. We
will fight it out,” he vows. Expectedly, a slugfest is in the offing, as authorities
can consider permitting public meetings ‘only in rare and exceptional
circumstances, with reasons recorded in writing.’ Double standards can’t be ruled out.
* * * *
Jain Community Wins
The Jain community no longer needs to
protest across cities. The Centre has come to its aid in opposition-ruled
Jharkhand and assured sanctity of its biggest pilgrimage centre remains. On
Thursday last, Union Environment Ministry stayed all tourism activities at the
Parasnath Hill where the Jain religious site ‘Sammed Shikharji’ is
located. Through an office memorandum it directed the Hemant Soren-led UPA
government to immediately take all steps necessary. This after members of Jain
community have been protesting the State government’s 2019 notification
designating the Hills as a tourist place. Environment Minister Bhupender Yadav
met its representatives and gave full assurance. Promptly, Soren issued a
statement saying he had written to Yadav to do away with said notification
issued by previous BJP government in 2019, following which the Ministry
notified an ‘eco-sensitive zone’ around the Parasnath Sanctuary and ‘approved
eco-tourism activities.’ The U-turn seems right now as it stays ‘implementation
of provisions of clause 3 of said notification, including amongst others all
tourism and eco-tourism activities.’ The Jain community should be pleased as
its protest has yielded results. Who did it, should be immaterial. ---INFA
(Copyright, India News & Feature
Alliance)
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