More Kashmiri youths joining militancy now than before: Omar Abdullah
Kolkata, July 28 : Alleging that more youths from Jammu and Kashmir have been joining militancy in recent years, former Chief Minister Omar Abdullah on Saturday regretted that "not enough attention" was paid to the state during the recent no-confidence motion in Parliament.
"In my tenure (as Chief Minister, 2009-2015) there were years when number of people who joined militancy was in twenties, while last year, it was 200 plus," AAbdullah said at the Think Federal Conclave here.
Slamming the BJP-ruled centre for its claim on the number terrorists killed in Jammu and Kashmir, he said the statistics was taken in isolation and not compared with the number of youths joining the militancy.
Coming down heavily on the BJP-PDP coalition that ruled the troubled northern state from 2015 till last month, Abdullah said militancy was "reborn" in Jammu and Kashmir in 2015 when the alliance was formed.
Refering to the no-confidence motion moved by the opposition in the Lok Sabha against the Narendra Modi government at the centre, he said: "Not enough attention was paid to Jammu and Kashmir' during the debate.
On centre-state relations, Abdullah said states have "little flexibility" to actually decide their own priorities in terms of spending funds from central schemes as these are coming in a "completely tied down" fashion.
To buttress his point, he refered to the recent development package of Rs 80,000 crore sanctioned for Jammu & Kashmir, and said the executing agency was decided by the centre.
"When you want to strengthen federalism, you need to strengthen the hands of elected representatives to make their own decisions," he said.
He also urged the removal of Indus Waters Treaty, saying it has denied Kashmiris the right to use their own water "without even consulting".
"Please, remove the Indus Water Treaty, let me hold and store water in my rivers the way I like. Let me build dams that allow me to generate electricity and I would not need single penny from the centre," he said.
He said there are "distinct differences" between the BJP or the NDA that his party had dealt with and the present leadership of the saffron party.
Taking a dig at the present leadership of the BJP, Abdullah said: "I have less experience dealing with the current leadership of the BJP. Our understanding and relationship with the NDA was with Atal Bihari Vajpayee's BJP. Most people accept it was a different BJP from the one we see today."
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Supreme Court condemns 'bulldozer justice,' says executive cannot replace judiciary
Issues guidelines against demolition of properties over criminal allegations
New Delhi: In a significant judgement on Wednesday, 13 November, the Supreme Court emphasised that properties cannot be demolished solely based on criminal accusations or convictions. The Court asserted that such actions contravene the rule of law and infringe upon the principle of separation of powers, as only the judiciary has the authority to determine a person's guilt.
"The executive cannot pronounce a person guilty. If the executive demolishes the property of the person merely on the basis of accusation, it will strike at the rule of law. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness, where might was right. Such high-handed and arbitrary actions have no place in a constitutional democracy. Our constitutional ethos do not permit such a course of action," the Court stated.
The judgement, delivered by a bench comprising Justices BR Gavai and KV Viswanathan, came in response to a series of petitions, including one filed by Jamiat Ulema-i-Hind, seeking to halt the use of demolitions as a punitive measure against those accused of crimes. The Court directed that public officials who engage in such actions be held accountable.
"Public officials who take the law into their own hands and act in a high-handed manner must be held accountable," the Court observed, underlining the importance of respecting due process.
Further, the Court noted that demolitions often impose "collective punishment" on the families of the accused or convicted, and therefore outlined specific guidelines to prevent misuse of such actions. Key directives included:
Authorities must issue a show-cause notice before proceeding with demolitions, giving owners at least 15 days to respond.
Property owners should be notified via registered post, and the notice must detail the nature of the unauthorised construction and grounds for demolition.
The designated authority must allow for a personal hearing, with proceedings duly recorded.
Demolition actions should be videographed, with reports sent to the Municipal Commissioner.
Even after issuing a demolition order, affected parties should be given time to challenge it legally. In cases where individuals do not wish to contest, adequate time must be allowed for vacating the premises.
The Court highlighted the adverse impact of such demolitions on vulnerable groups, observing, "It is not a happy sight to see women, children, and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period."
However, the Court clarified that these guidelines would not apply to cases of unauthorised structures on public land, such as roads, footpaths, railway lines, or water bodies, or where a Court order for demolition exists.
This judgement builds upon previous stays on demolitions, including an interim order on 17 September, which prohibited demolitions across the country without Court permission except in cases of public encroachments.
