Friday, March 29, 2024
 
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If Geelani can do why can’t Sagar, Tarigami?




By K B Jandial



The revered Eid-Ul-Ahza passed off peacefully in Kashmir without any reported outrageous incident amidst disturbing acts, heightened communal tension and soaring temperature between two principal regions of J&K. There were, however, the usual stone throwing incidents and waving of Pak and ISIS flags. There was a sigh of relief all over.
What helped in dousing the “fire” ultimately was the most sensible statement that came from the unexpected quarter- avowed hard core separatist, Syed Ali Shah Geelani. He made a welcome U-turn to save the day for everyone. The State was dangerously perched for conflagrated situation due to outrageous statements and some despicable acts of public slaughter of cows, claimed to be in reaction to 9th September’s High Court order “banning” the cow slaughter.



It shows how distortion and misrepresentation of facts can put the people of the State to avoidable flash point of communal violence. In the first place High Court did not impose any new ban on cow slaughter. It only asked the police to enforce what is already in statue book for the last 150 years. In State’s own Ranbir Penal Code, cow and buffalo slaughter, sale of beef etc are consignable offences under sections 298A to 298D. When a petition comes before the Jammu bench of HC seeking its intervention to enforce the existing law, what could the Court do? Look toward other side as the Govt. does or issue directions to the State to enforce it till it is declared ultra vires.



A Jammu lawyer Parimoksh Seth, son of an old timer of BJP who became Dy. Advocate General under the BJP-PDP dispensation, had filed a PIL last year seeking intervention of the HC in enforcing these provisions that are being violated “with the active connivance of authorities” which severely affects religious sentiments of a section of the society. Who doesn’t know that smuggling of bovine animals is a very lucrative business under the patronage of the local administration which takes its share in the booty and ensures “safe passage” from Nagrota to Banihal?



Before the High Court, the Divisional Commissioner, Kashmir defaulted in his response and the Court did what it is supposed to do- asking the State to uphold the law. What should be the role of the State law officer in this situation? To stand by the law or with the violators? Presumably, the Additional Advocate General Vishal Sharma, son of another senior BJP leader, must have stood by the law. The Govt. first took away the assigned Deptt of Home and then sacked him along with Dy. AG. Were they responsible for the unsavory reaction of Kashmir’s leaders and anti-India elements?




Some Kashmir watchers claim that major factor of public ire was the accumulated public resentment against the State and Central Govts. which ignited the interim court order like a volcano in Kashmir threatening the already fragile bonds of regional harmony almost on the line of Amarnath land row of 2008. The only difference was that the torch bearers of 2008 agitation are now in the Govt. and they remained mute spectator to this carnage of a sort. BJP could neither save the holy cows in Kashmir nor their favored two law officers. The ruling BJP quietly accepted the humiliation. Regretfully, even the Jammu Bar Association too defaulted on this issue little knowing that it has again demeaned Jammu’s collective leadership.



As a reaction to Jammu HC order, two members of Kashmir Bar Association filed a PIL in Srinagar bench challenging the vires of these provisions and the Court on 16th September issued notice to the Govt. It, however, observed that pending petition should not prevent the government or the assembly from scrapping the provision or amending the RPC.




Sparing no opportunity to embarrass India, Geelani and Mirwaiz Farooq had taken the lead in defying the court order, even calling the “ban” motivated. “Lord of Friday protests and shutdowns” Geelani issued the diktat for protest and shutdown saying that “the High Court’s decision is interference in the matters of Muslims”. The religious leaders did not lag behind and so are the mainstream political leaders. Mufti Azam and Mirwaiz’s Muttaheda-Majlis-e-Ulema gave the insidious fatwa to Muslims to give “qurbani” of “gau” on the Eid instead of “bakri” This Eid is also popularly known as “bakr-eid” as goats and sheep are offered for qurbani as compared to other Eid. But Kashmiri leaders changed the religious narrative.



Provocative statements of other separatists leaders are understandable, but similar tone & tenor of the mainstream leaders shocked Jammu. The senior NC leaders who had fled to Jammu to save their lives on the outbreak of militancy and were well treated and helped by the gracious people of Jammu, did not care about Jammu sentiments while demanding scrapping of century’s old anti- beef law. The recent ruling party which was in power for four decades moved Private Members Bills, Ali Mohd Sagar in Legislative Assembly and Qaiser Jamsheed Lone in the Council, seeking to decriminalize cow slaughter and sale of beef. The Legislature is meeting on October 3 for brief autumn session. A secular party is making communal move to embarrass its rival PDP and to promote bigotry and radicalization in Kashmir for expanding their vote base and in the process murdering the sentiments of Hindus. Surprisingly, its two Hindu MLAs too remained silent on anti Hindu move. A communist by core, Tarigami too shed his secular cloak and introduced a similar Bill. Known for theatric, Er. Rashid would not have impacted the volatile situation alone.

Strangely, the ruling PDP too gave bizarre statements. Widely known for his respect for Hindu sentiments, the seasoned Mufti Sayeed preferred to remain mum on this inflammable issue but his cronies did hurt the Hindus whom he had never made any distinction. Advisor to PDP Chief Mansor “proudly” disclosed (a well guarded secret?) that Mufti sahib and Mehbooba are beef eaters and on Eid Mehbooba would eat beef at Eid. Earlier, PDP Chief Spokesman, Mehboob Beg had said “We are a Muslim-majority State and people (Muslims) here are guided by religious principles about “Halaal” and “Haraam”. Nothing can supersede religious principles.” Very loaded observations, indeed!



As the temperatures were rising high, widening the gap between Kashmir and Jammu, Geelani made a U-turn and saved the day for all including muted BJP and concerned PDP. Despite under house arrest the ardent pro Pak leader asked the Muslims to refrain from performing any act that could hurt religious sentiments of other community in J&K. He even quoted Prophet Ibrahim and told them, “We must not indulge in any such activity that could hurt the religious sentiments of other religious communities.” He also said that some fanatic elements are hell bent to fan the communal fire to start a stir in the State and appealed the Hindu brothers not to allow anyone to cause religious divide.



Why did an anti India and perceived anti Hindu Geelani bailout PDP-BJP Govt.?Most unexpected! Whatever are the reasons, there could not be a better “gift” in State’s surcharged situation than this.


But what about the mainstream leaders like Sagar, Tarigami? While they didn’t lag behind in vitiating the environment following the separatists in the beginning of the controversy why didn’t they endorse Geelani’s bold appeal putting the “qurbani” in correct religious perceptive? If a known anti-India leader can respect Hindu sentiments and make a U-turn why can’t mainstream leaders do? Unlike Governor Vohra, even Mufti Sayeed did not lend his saner voice to strengthen inter religious accord in his traditional Eid greetings.


Suspending internet services for about 65 hours in J&K on the occasion of Eid was most unexpected and unusual in this part of “Digital India” that brought with it enormous inconvenience besides claimed loss of business in Kashmir. While suspension of internet evoked wide spread condemnation for huge inconvenience, it is not understood how there was huge loss of Kashmiri traders when most of establishments were closed for Eid in these three days.

In reality, it was perhaps the boldest and most wise decision of Mufti Govt. in controlling the alarming situation. All this inconvenience is nothing before the possible colossal damage to the communal and social fabric of both regions. What has been avoided is not visible and its value can’t be assessed. In the absence of this ban the anti-peace and anti-India elements would have uploaded pictures and videos that would have fanned communal fire leading communal clashes. The ban has ensured peace in both regions. Curtailment of rights of citizens for three days is better than loss of life and property in possible riots. Even the Constitution provides reasonable restrictions on fundamental rights.


Conscious of serious political and law & order fallout of this sensitive issue, the State Govt., has rushed to Supreme court on Tuesday through SLP complaining that “it did not want the judiciary to add to its problem in maintaining peace in the State.” It has asked the SC to decide the matter itself or set up an HC bench to settle the contentious orders, which had grave ramifications on the law and order situation in the state. The orders were being misused and interpreted to disrupt the peaceful fabric of the state, it said. The SC is hearing SLP on Monday and if admitted, the Govt. would not allow any bill or resolution on it on the ground that constitutionality of these provisions is being examined by the Apex Court.


The scene is now shifted to the brief session of Legislature opening on Saturday where this issue will rancorously dominate the proceedings. While usual daily pandemonium in the temples of democracy is nothing new but the critical day would be 8th October when private members bills of Sagar, Tarigami and Er Rashid to would be decided. In all probability, the Speaker Kavinder Gupta will disallow these Bills & resolutions but Sagar has threatened of serious consequences in that eventuality. Suspense continued on PDP’s public posture and it is not known how party’s Chairman Legislative Council Anayat Ali would deal with a similar private Members’ Bill.


In much mellowed environment of Kashmir after Geelani’s statement and peaceful Eid celebrations, “secular” NC leaders and others are advised to desist from any anti-hindu move which will dangerously polarize the situation, risking State’s peace. They should remember that Jammu will not forget and forgive them for such communal opportunism.



(The writer is former Secretary Information, health, transport, CAPD departments and a member of Public Service Commission, feedback: [email protected])




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