Monday, December 12, 2011

Dilip kumar's aura

"In parapsychology and many forms of spiritual practice, an aura is a field of subtle, luminous radiation surrounding a person or object (like the halo or aureola in religious art). The depiction of such an aura often connotes a person of particular power or holiness. Sometimes, however, it is said that all living things (including humans) and all objects manifest such an aura. Often it is held to be perceptible, whether spontaneously or with practice: such perception is at times linked with the third eye of Indian spirituality. Various writers associate various personality traits with the colors of different layers of the aura. It has also been described as a map of the thoughts and feelings surrounding a person."

This is how wikipedia explains Aura. I am not sure whether every person emits this aura or not, but in my life I have experienced such 'aura' in three people. Besides my father, I have felt very small in presence of Sheikh Mohammad Abdullah and Dilip Kumar. I was not able to look straight into their eyes.

Friday, December 9, 2011

NO WILL

Armed Forces (Jammu and Kashmir)Special Powers Act, 1990 is a Central Act.This Act can be enforced in an area which is declared to be a disturbed area either by Central or by the State Govt. The Jammu and Kashmir Govt, on 6/7/1990, issued a notification declaring certain areas to be disturbed in terms of section 3 of the ACT.

The AFSPA, in the state of J&K, is thus operative because of 6th July notification issued by the State Govt.

It is well settled principle of law that an authority who has power to issue a notification has power to revoke it. Therefore, I have no doubt in my mind that if State Govt wants, it can revoke or modify the 6/7 notification.

Why is then the state CM going door to door seeking revocation from areas which according to him are not disturbed?

Tuesday, November 29, 2011

SPECIAL STATUS

A month earlier in Srinagar i felt need of a sim card.I went to a dealer ,he demanded a photograph and my ration card.I told him i had no ration card .After some discussion he agreed to give a sim card on production of my pan card,pass port and an electricity charges bill.I produced all the documents the sim card is yet to be activated.The company is IDEA and the phone number is 9086618021.
A few days before i came to Delhi again felt need of a sim card ,went to a dealer ,produced my passport and a photograph,that was it ,i got sim card and in ten minutes it was activated.The company was again IDEA.
Do you still have any doubts that we enjoy special privileges and status in Kashmir.

Sunday, October 30, 2011

justice saghir ahmad and public safety Act

Justice syed saghir Ahmad was a fine judge,honest capable and fearless.He was polite and soft spoken.He was transferred from Allahbad high court to j&;k high court as a judge and later on appointed chief justice.
During those days i had the privilege of being Advocate General of the state.Asiya Andrabi had been detained under the provisions of Public Safety Act.The detention had been quashed twice but as usual after release she would be arrested again.It was case related to third detention which was heard by Justice Ahmad.Before announcing the judgment in the court he called me to his chamber.unusually he was not courteous but even rude,although he treated me like his brother.He loved me so much that he would himself cook Biryani for me.
I was surprised to see a different justice saghir,he started,'Mr Advocate general,do u think we are jokers,why don't you lock the courts,twice earlier detention of this lady is quashed,yet she is in jail,i am quashing it again and i want orders implemented,if orders are not implemented i will resign'
From press reports it appears Asiya is again under detention and her detention has been quashed several times ,is there no justice saghir around?

Wednesday, October 12, 2011

Five questions

Three people close to Home Minister Chief Minister and NC supremo are summoned by home minister to chief Ministers residence.They meet Chief Minister and it is established that one of them had received more then a crore of Rs from the other two.One of them wanted to be a legislator and Minister the other one a legislator.The Money according to deceased was to be paid to Mr Farooq abdullah.
The man who admitted having received money died within 24 hours of his admission before CM in police custody.He was handed over to waiting inspector general of police by CM.
Very trusted personal security officers of CM were transferred same night.
The facts above mentioned by me are based on Chief Minister's statements and i am not purposely referring to various statements made by others.Legally speaking these are admitted facts.these facts raise many questions which have to be answered.
1.Whether the deceased had received money for himself or somebody else.if it was some one else who is he?
2.If a complaint had been made to CM two months before,why did he sleep over the matter?

3.Why did home minister behave like a head constable and chief minister like a sub inspector?
4Under what law CM ordered arrest of deceased?
5.Under what law inspector general crime arrested and detained deceased?
Will the CM,HM OR INSPECTOR GENRAL SHOW THE COURAGE OF ANSWERING THESE QUESTIONS?

Monday, October 3, 2011

COMMISSION OF INQUIRY

There is some confusion about the power of the state govt with regard to appointment of a commission of inquiry under the commission of inquiry Act in legal and political circles.Media has also not been able to clear the confusion.Therefore i though it better to try to clear the confusion on an issue of public importance.
It is true that state govt has power to appoint a commission of inquiry,but when it comes to appointment of a sitting judge,the power is not absolute.There are two restrictions one created by another statue and the second one created by a judgment of supreme court.
There is an Act known as 'THE HIGH COURT JUDGES [SALARIES AND CONDITIONS OF SERVICE ACT]1954.
This Act defines 'ACTUAL SERVICE' of a judge in following terms.'TIME SPENT BY A JUDGE ON DUTY AS A JUDGE OR IN THE PERFORMANCE OF SUCH OTHER FUNCTIONS AS HE MAY DISCHARGE AT THE REQUEST OF PRESIDENT OF INDIA---'
So it is clear if a judge accepts an assignment with out a request from president of India ,it will be in violation of the law.For president to make such a request,she has to be approached through the union council of Ministers which is a requirement under constitution.
The second restriction is place by a judgment of supreme court which says that because of huge pendency and some other reasons sitting judges should not ordonarily be appointed as commission of inquiry.The judgment is reported inFEMN WALTER V/S UNION OF INDIA

Wednesday, September 28, 2011

MUCH BETTER THAN SON

There is an old story about a village, a water spring and a man. The water of the spring was used by whole village for drinking and a man in the village had a strange habit of spitting in the spring everyday without fail. All villagers tried everything possible to stop the man from spitting but failed. The villagers ultimately took it in their stride and lost all hopes to drink 'un-spat' water. Years passed by and a day came when the man died. People of the village were happy at the death of the man and were congratulating each other. But their joy lasted only for a single night and the next day they discovered that the son of the deceased had started urinating in the spring. Everyone in the village started mourning the death of the man and each one was heard saying that the deceased was much better than his son.

Monday, August 29, 2011

Amnesty and rule of law

Last year in Kashmir was very bad.The whole summer we had disturbances.We lost more then 100 children to the bullets.A day before CM announced 'Amnesty' to those stone pelters who were not involved in acts of arson or causing damage to property.According to press reports 1200 boys are getting to be benefited,which means 1200 children were in jail for a year for stone pelting.
I wrote on my tweet that even if these boys had been convicted in a trial they would have not got a sentence of one year,therefore where is the question of amnesty.they underwent a sentence for a period more then what they could get even if charges against them had been proved.
Some friends have taken exception to my comments.As i could not reply in 160 letters i decided to blog.Those of my followers who know my background will realise my commitment to rule of law.On that principle there can not be compromise.Those who have read my earlier blogs will bear me out ,that i only plead for adherence of rule of law.
If a man like Ajmal kasab has a right to fair trial can this right be denied to children accused of stone pelting without causing any damage to any person or property
If any police man got killed or injured by stone pelting,persons responsible should get punished through due process of law.similarly if 120 children were killed,the justification or otherwise of such acts should also be decided through due process of law.
I neither condemn any act nor approve any act,because i am not in a position to know full facts of each incident.May be police was justified,may be not.May be a stone pelter was justified may be not.THESE QUESTIONS NEED TO BE ANSWERED BY COMPETENT INSTITUTIONS.
In a civilised society u can not keep a person in custody for years with out trial.If people at the helm understand this basic principle you may have not to decide 'Kashmir issue'

Friday, August 26, 2011

DON'T BURN YOUR SHIRT FOR KILLING A LICE

'We the people of India----enact and give to ourselves this constitution'. This is the preamble of our constitution and every Tom, Dick and Harry for some time now has been repeatedly quoting first three words of preamble, i.e. 'we the people'. These people forget what has been the resolution of people of India - The resolution is that people of India will govern themselves in accordance with provisions of the constitution.

The constitution broadly creates a federal structure for governance. It envisages elected legislatures for central and state governments. It also ensures elections at regular intervals.
I have no dispute with those who believe corruption is all pervasive in this country and very serious efforts are needed to get this menace under control. I also agree that the parliament and state legislatures have failed in their duty to give people of India a clean, efficient and responsive govt. As such one can not have any dispute with Shri Anna Hazare.


In order to make parliament to do what people of India want them to do, people of India are also bound by the constitution. As u can not have an extra constitutional executions u can not have legislations by extra constitutional powers. Unfortunately never in any elections so far has corruption been presented as an issue.
The question could be asked, how do we make parliament to pass an effective anti graft law? The answer would be make it an issue go to people, come to power and legislate. If it is not possible create public opinion in favour of your thoughts so that political parties at elections promise to do what u want them to do OR raise the public opinion to such a pitch that the rulers make the laws u want them to make.
In such a case, govt of the day should get scared of a possible defeat in next elections.
In this scheme of constitution there is no scope for coercion. Anna's methods cannot be supported by anyone who believes in constitutionalism. These methods are dangerous. Anna has been able to collect a few lakh of people across the country and is fasting. Unless parliament signs on dotted lines he will not break his fast.
Maybe he is doing it for a good cause. However, if this becomes a precedent, it could be used for dangerous causes too.
Imagine Shri Narindar Modi going on fast till Muslims are disenfranchised. Can't Mr Modi collect more people then what Annaji has been able to collect?
We have problem of corruption. Fight against it but not at the cost of system. After all, what makes India different then those countries which got Independence in last century? It is the institutions it has built. Don't destroy them. Improve there functioning.
I will close this blog with an old Kashmiri proverb, 'u don't burn ur shirt for killing a lice'

Monday, August 22, 2011

OOPER KEE KAMAI SAY HE GUZARA

Whenever an institution is created and established, the creators prepare a blue print -Why the institution is created, what will be expectations from that institution, and what will be function and duties of persons who man such an institution.
Decades before, I must have heard english proverb, 'cart before horse'. For the first time, but its meaning I have clearly understood now.
With great enthusiasm we elected thousands of punchs and surpunches but without knowing any thing about their job.
These elections were interpreted differently by different people,but the fact is they created a hope.
Since these people do not know what are they expected to do,they are individually trying to create a job profile for themselves. They are elected but do not know anything about their duties, have no remuneration, and have started making a fortune out of uncertainities.It is reported they have become 'sufarishies' for a price. They interfere in govt functioning, one punch reportedly even went to the extent of closing down a school. Another reportedly thrashed a block official. Some of them are seen permanently in tehsil offices. It appears govt has taken a lesson from an old story related to Maharaja of Chenani, the story goes as follows:
Maharaja appointed an IGP who was a retired DSP of Maharaja Hari singh's police. Chenani had no criminal code or criminal law, and thus the IGP was law to himself and he was enjoying. The only worry he had was that he was not getting his salary, so he made an application after six months to Maharaja for release of his salary.
It is said Maharaja wrote in reply to his application - KHAZANAY KEE HALUT PUTLEE HAI FILHAL OOPER KEE KAMAI SAY HE GUZARA CHALAYA JAAYE.

Sunday, August 7, 2011

ASHRAF'S ADVENTURES

Mr. Ashraf is writing a travelogue which is being published in a local daily in installments. There must be many enjoying 'Ashraf's adventures' as he titles this travelogue.
Every installment highlights in a box and in bold letters, 'DURING MY TENURE IN STATE TOURISM I HAD THE OPPORTUNITY OF TRAVELING TO AMERICA, EUROPE AND MIDDLE EAST, SOME OF THE JOURNEYS WERE QUITE ADVENTUROUS AND EXCITING'
I read this travelogue as an obituary of my motherland.This man traveled the globe at the cost of the State. Enjoyed air travel, five star hotels, chauffeur driven Merc's and what did the state tourism get in return? This story is not of one Ashraf. We have seen thousands of them. Politicians bureaucrat's and power brokers. Many of them have reportedly properties worth billions across the globe.
This is the real story of Kashmir and its miseries,we have been feeding parasites who have been sucking our blood. We don't have even a walkable foot path around boulevard. Our grand children may have to go to Chandigarh to see a lake.
If i were somebody i would use this travelogue as charge sheet against Mr Ashraf and many others.

Tuesday, June 14, 2011

Those who are my age or elder to me or even slightly younger to me must have fond memories of travelling in a tonga. It was sheer pleasure with commentary by tongewala. His hand operated horn poon poon and his verbal instructions to pedestrians always thrilled. 'hatbin razebaeyee, hay topila etc etc.
There were two ways to travel in a tonga, either u shared tonga with fellow passangers or u 'chartered' it.chartering would be called 'full tonga'
I had a dream in childhood to travel around Dal lake in a 'full tonga' along with my wife. By the time I married tongas had vanished from Srinagar. My dream got shattered but I did not lose heart and updated my dream. Wanted to travel around Dal lake with my wife in a self owned car. By the time I owned car Dal lake had vanished.
So this time also my dream did not come true, undaunted I have updated my dream. Want to construct a small house over a plot of land within Dal lake when whole Lake becomes dry. But hope this dream also does not come true.

Tuesday, May 24, 2011

MY DYING HOMELAND

Dal lake is almost past. Wullar lake may succumb soon. New generation has not even heard of Aanchar lake. Forest cover is reduced by half in recent years, instead we have grown a popular tree which gives quick money and disease.
We have not added even 500 kilometers of roads in 20 years. We have not even widened a single road in Srinagar. We have multiplied vehicles but lost traffic sense, not installed even a signal system.
We sell more Amritsar shawls than Kashmiri shawls. We sell more iranian machine made carpets than kashmiri carpets.
We don't respect elders and even don't take care of our parents. We don't care of our children and don't understand their limitations.
Almost all of us steal electricity and water. We don't pay our taxes. We sell spurious medicine. We don't charge genuine prices. We prepare 30 dishes for our guests. In routine we entertain our casual guests with a dozen items of bakery. We have concretised our agricultural land.
Not many can say the source of their wealth.
We have the distinction of being the most corrupt state in India. We have no responsive institutions. Govt is unresponsive, opposition irresponsible.
We have no industry ,educated young people leave the state in search of jobs. Professional colleges don't have teachers. For treatment of even minor ailments we have to go to Delhi or Chandigarh.
Is my kashmir dying?

Friday, May 13, 2011

khalida must be happy

9/11/2001 is a day this generation will not forget. It simply changed the world. I remember the day for another reason also. I was posted in Hyderabad and had gone for a dinner along with my wife. We had no mobile phone then. When I reached back home at about midnight, I got a strange message from my staff, that my sister had met with an accident at Hyderabad railway station and she was admitted in a hospital. Somebody had phoned my residence, there was no possibility of my sister being in Hyderabad. Had she been there, I would have certainly known. To know the truth I phoned the hospital . I was told a lady by name khalida from Ladakh was admitted in the hospital, she needed immidiate surgery but she insistsed her brother should first come.

I rushed to hospital. Khalida was seriously injured. She was a cousin. She was a proffesor in Leh. She was accompanying students on an educational tour to Bangalore She had no plans to visit Hyderabad and therefore she had not informed me. Her elder daughter was also accompanying her. We did what we could but she died after three days. Her husband in the meanwhile arrived from Leh. He was naturally pained and also worried about his minor children. Khalida's mission of life was girls' education, particularly muslim girls' education in Ladakh. She had almost dedicated her life to this cause. Her husband while weeping was saying who will now take care of education of her daughters.
God knows what we don't know. Khalida's elder daughter is a lecturer in a college and younger one became the first muslim girl of the state to qualify I.A.S.
Khalida your daughters have not only made you proud but all of us. I can imagine a beautiful smile on a beautiful face.

Monday, February 28, 2011

Mr chief minister,what is the truth.

A few days ago, some friends from Mumbai informed me that even minors had been detained in Kashmir under preventive laws. I do not know what is the legal position in Kashmir, but outside, such a detention is illegal, because of Juvenile Laws. In any case, even in Kashmir a minor can not be jailed in a jail. I am not writing this blog to express an opinion as to whether a minor can be detained under detention laws or not.

I try to make a different point. When my friends informed me about the allegation, I posed a question to CM on TWITTER. He was prompt to answer and said, "To my knowledge there is no minor detained under PSA however i will check with home secretary tomorrow '.

Next day he was kind enough to confirm the information he had already given was correct.

Today it is reported in Greater Kashmir that a boy from Anantnag aged 14 is detained under PSA and is lodged at a Jail in Jammu.

Now the question is who is right. Either the report in GK or the CM. Both cannot be right. If GK report is correct, then CM has been given incorrect information because he shared the information after checking with his home secretary.

This is where the question of trust deficit crops up. We have a right to know the truth. If GK report is incorrect CM should say so. If he has given wrong information he should accept so and adequately punish people who gave him wrong information.

Thursday, February 24, 2011

selective even in condolances

Center appointed interlocutors visited the family of those two sisters who were recently killed by unidentified gunmen.According to Padgaonkar he offered condolences to the family and promised the family all assistance by central govt.
Recently a boy was killed at Kupwara by identified gunmen.Mr Padgaonkar had no sympathy for the family of that child.Mr Padgaonkar if you are that selective even in offering condolences how do you expect to succeed

Sunday, February 13, 2011

ZERO DIMENSIONAL

Life for some is a straight line.
For some a curved bracket.
And for some a circle.
And to me life is a point,
A zero dimensional object
With no beginning no end.
Life for some is a straight line.
For some a curved bracket.
And for some a circle.
And to me life is a point,
A zero dimentional object

Tuesday, February 8, 2011

WHAT A RELATION?

I wait,wait and wait.
I pray,pray and pray.
Then he comes.
And i neglect him.
And he leaves.
And i miss him
And i again pray.
And wait,
till he returns.
What a relation?

Friday, February 4, 2011

Darbar move

Darbar move can not be justified on any reason in this 21st century except for political.Late Maharajah started this practice not for benefit for people of the state but for his comforts.He wanted to enjoy the summer of Kashmir and winter of jammu.
Politics dictates,therefore no sensible person would imagine that this practice will be stopped in immediate future.
In these circumstances one can try to make darbar move people friendly and i suggest Darbar should stay at srinagar during winter and at jammu during summer.People of jammu suffer hardships in summer and people of valley suffer in winter.

Monday, January 17, 2011

who is me?

I am a son.
I am a father.
I am a husband.
I am a brother.
I am a friend.
I am a foe.
I am a neighbor.
All are references
And i don't know.
Who is me.?

Sunday, January 9, 2011

Pound of Flesh!

A few centuries ago in Great Britain,a pickpocket who was caught used to be executed in public. The event used to be widely publicised with the intention that it serves as a deterrent to others.
Ironically though, it was at this event that maximum pockets were picked!
The above irony has an astonishing similarity with the modern day scams. No sooner is a scamster exposed-laywyers, journalists, politicians, retired judges, bureaucrats, investigating agencies, N.G.O's et al see an opportunity to extract their pound of flesh.