Syed Ali Safvi

SRINAGAR, May 19: The best lotus blossoms was once found towards thes southern side of the Anchar lake called Khus-hal Sar during the months of July and August. Once the pride of Kashmir, Khush-hal Sar (meaning prosperous lake in Kashmiri) is near death. When the government is taking measures to conserve Dal lake, Khush-hal Sar is being ignored because no government department involved in conservation of Kashmir's water bodies knows under whose jurisdiction the ill fated lake falls.

Lakes and Water Ways Development Authority (LAWDA) say that Khush-hal Sar does not come under their ambit.

"It comes under the purview of Remote Sensing Department," they say.

The Environment and Remote Sensing department officials have a different story to tell.

"LAWDA is entrusted with the responsibility of conserving both Khush-hal Sar and Anchar lake. The machinery and other equipments it uses in Dal Lake can be used in Khush-hal Sar as well," they maintain. "As far as our department is concerned we don't have the machines and funds."

Ghulam Muhammad Hajam, Ex-deputy Mayor Srinagar Municipal Corporation (SMC) and local Corporator, who has been rigorously working for the conservation of Khush-hal Sar, blames the local legislators for the lake's deplorable condition.

"The projects of Brarinambal and Khush-hal Sar were approved simultaneously in 1997-98. The project of Brarinambal is on the verge of completion, but very small work has been done in case of Khus-hal Sar," he says. "Istrongly feel that ex-MLAs have miserably failed to protect Khush-hal Sar."

Khus-hal Sar, according to the Rajitarangini, stretched on a vast area of three miles. According to official records, prior to 1985 the lake covered 1400 kanals. Today it is half that size. And with all the dumping of night soil and sewage from the drains across Srinagar the lake has become a virtual sewage reservoir. As many as 96 MLD of sewage flows into the lake every day according to J&K Urban Environmental Engineering Department (UEED).

"The first drain coming into the lake was made in 1985," says Raja Ashraf Hussain of Zadibal.

Today the sludge arrives via Vicharnag Nalla from Buchpora, Soura, Illahibagh, Awantibaan, and from Bohri Kadal, Islamia College, Mukhdoom sahib, Rjouri Kadal, Nawa Kadal, and the adjacent areas of Kawadara and Reshandar, not to mention Nallah Amir Khan carrying the sewage of Lal Bazar, Mandibal, Bota Kadal, Amda Kadal. Last but not least, Khush-hal Sar receives the night soil coming through the chain of open drains.

The sewage generated by the population of 285763 (2001 census) goes into the Khush-hal Sar thereby deteriorating the water quality, which has become a menace for jthe population living on the Lakeside.

Due to the abundant sewage flowing into the Lake, there has been an outbreak of various fatal diseases like hepatitis B, jaundice, and lung cancer, which have so far claimed more than a dozen lives in Khush-hal Sar area. Eye infection has become very common.

The government announced a raw sewage treatment plan a few years ago, in which a main drain would control the sewage going into the lake. All the drains and Nallahs were supposed to be joined with the main sewer line. The government also decided to establish a huge Sewerage Treatment Plant (STP) of 132 MLD for Zone III of Greater Srinagar at Noor Bagh, where the sewage would be treated and then discharged into River Jhelum. After laying a few sewer lines, however, the government abruptly stopped the project without explanation. Moreover, around 50 kanals from the total 350 kanals of land reserved for the construction of the STP were handed over to the Srinagar Development Authority (SDA) in 2007.

"We have got information that the government wants to hand over few more kanals to some other agencies as well," says Sajad Hussain. "I get the feeling that the government is in no mood to construct the Plant."

Sajad's apprehension seems true when one goes through the content of a letter sent by the Chief Engineer J&K Urban Environmental Engineering Department (UEED) to the Principal Secretary to Government Housing & Urban Development Department Srinagar on June 23, 2006 regarding the transfer of 50 kanals of land at Noor Bagh.

"It is pertinent to mention here that the sewerage scheme in Zone III of Greater Srinagar has been designed with the outfall to said location..... Changing the proposed site will altogether change the design parameters of the project besides making the already executed works redundant," the Chief Engineer wrote. "Under the circumstances highlighted above it becomes quite imperative that the land acquired at Noorbagh by this department is just sufficient for raising of the proposed sewerage treatment plant and the department is not in a position to spare any patch of land to any agency."

After 32 years, Ansari v/s Abdullah

Syed Ali Safvi

JAMMU, Apr 18: In the run-up to second phase of Lok Sabha (LS) polls, Kashmir is gearing up to witness an interesting contest between the state's two political stalwarts. After 32 years, senior vice-president Peoples Democratic Party (PDP) and an influential Shia cleric, Moulvi Iftikhar Hussain Ansari is all set to take on another senior member of the famed Abdullah family.

Iftikhar filed his nomination papers today at DC office Srinagar, for prestigious Srinagar-Budgam Parliamentary constituency. He was accompanied by former chief minister and PDP patron Mufti Mohammad Sayeed, and senior PDP leader, Tariq Hamid Qarra.

Iftikhar is up against former chief minister and National Conference (NC) president Farooq Abdullah, who will be contesting his third election in six months. Farooq filed his nomination papers yesterday.

Farooq and Iftikhar share few things in common, and that is what makes the contest between the two interesting. Both have fought one Lok Sabha (LS) election each, and both have a faithful vote bank.

Farooq was elected to parliament in 1980, uncontested.

In 1977 LS elections, Iftikhar had challenged then matriarch of the Abdullah family, Begum Akbar Jahan. After addressing a 40,000-strong election rally at "Gol Bagh" (at present day Assembly complex) in the heart of Srinagar city, political pundits started to pit Iftikhar, an independent candidate, as hot favourite to win the seat.

However, it was the Begum who had the last laugh. Out of around three lakh votes (69.12 per cent) polled in the constituency, the Begum got 67.73 per cent votes, and Iftikhar managed to secure around 87000, just 28.19 per cent of the total votes polled.

However, much water has flown down the Jhelum since March 1977. This time also the contest promises to be intense. Although the number of total registered voters has increased, but in the wake of election boycott call given by separatists, the voter turn out is unlikely to touch 40 per cent.

Moreover, Iftikhar - who over the years has developed penchant for switching loyalties - is a political leader of big stature today as compared to 1977. Starting with Janta Dal, then People's Conference (PC), Congress, National Conference (NC), and all the way to Peoples Democratic Party (PDP), he has seen them all! He has also served as minister in Farooq's cabinet.

Iftikhar, who enjoyed full-on support of Shia electorate in 1977, can not rely much on divided Shia voters this time around.

Similarly, unlike 1977, widening Sher-Bakra cleavage will have a direct impact on NC's vote share.

"His (Iftikhar's) chances of winning are next to impossible," said a senior political analyst. "Iftikhar can only upset Farooq if there is mass election boycott and Shias vote for him."

Unlike 1977, Iftikhar is this time contesting on PDP ticket and is hopeful of riding on the party's vote bank. He may also ride on the anti-incumbency against sitting Member Parliament (MP) and chief minister, Omar Abdullah.

However, analysing the results of last Assembly election, Iftikhar's chances of winning seem very bleak. The NC candidates polled 1,64,416 votes in 15 assembly segments in Budgam-Srinagar-Ganderbal Lok Sabha seat, however, PDP was not far behind (1,20,460). NC will be enjoying support of its alliance partner, Congress, and that's what makes it a seemingly one-sided contest. NC and its allies had together polled a whopping 2,39,133 in 2008 assembly elections, leaving PDP far behind with only 1,18,673.

Miffed, Akhoon lashes out at Abdullahs

'They have spoiled the mission of the Sheikh'

Syed Ali Safvi

JAMMU, Apr 14: A day after he was denied mandate from Hazardable assembly segment, former legislator and senior National Conference (NC) leader Mohammed Sayeed Akhoon today lashed out at NC top brass, stating that the father-son duo of Farooq and Omar Abdullah had spoiled the mission of NC founder, Sheikh Mohammad Abdullah.

Talking to KTNS on phone from Srinagar, Akhoon said that there was no place left for 'old stalwarts' in the party.

"I have been a member of NC for 45 long years and the party high command did not deem it necessary to take me in confidence before deciding to field Mustafa Kamal from Hazratbal assembly segment," he said.

Stating that Kamal was rejected by Gulmarg electorate twice, Akhoon asked NC why he (Kamal) has been given the party ticket from Hazratbal segment.

Kamal was defeated by Democratic Party Nationalist (DPN) president Ghulam Hussain Mir twice in a row from Gulmarg assembly constituency.

Akhoon said NC president Farooq Abdullah had taken the decision not in the party's interest, but in the interest of his family.

"I was in Jammu when, I came to know about NC's decision. I asked (Ali Mohammed) Sagar sahib why NC did not take me in confidence before announcing the mandate," said the disgruntled Akhoon. "But he did not pay heed."

Akhoon said that Sagar did not want to take cudgels with NC high command since the party had nominated his son (Salman Sagar) for Srinagar-Budgam Lok Sabha seat.

"By supporting me, he (Sagar) does not want to upset the party top bosses," he said.

Akhoon, who had been twice elected from Hazratbal segment on NC ticket, had to step aside to make way for Farooq to contest the 2008 assembly election from the constituency.

A senior NC leader had yesterday told the KTNS that the party had been sidelining Akhoon because he had supported his son-in-law, Sheikh Ishfaq, when the later decided to contest 2008 assembly election against Omar Abdullah from Gandherbal constituency.
"Yes that is the reason why I was denied mandate. I have, however, repeatedly stated that I never supported him (Ishfaq). I have distanced myself from my daughter and son-in-law, but unfortunately the party high command is still doubting my integrity," he said. "If there is any allegation proved against me, let NC leaders hang me at Lal Chowk in broad day light."

Akhoon said NC had promised ticket to his son-in-law from Ganderbal, but later the party back tracked.

"In 2002 assembly elections when both Farooq and Omar Abdullah were unable to organise election rally in Ganderbal, they called Ishfaq, who was in Jammu that time, and with his (Ishfaq's) support the father-son duo was able to address two rallies in Ganderbal," he said. "Then they promised him a ticket from constituency, but later they denied.”

Ishfaq was a Sub Inspector in Jammu and Kashmir Police till he resigned from service a few months before the 2008 assembly election, hoping to get NC ticket from Ganderbal.

After he was denied mandate from the NC Parliamentary Board. He contested on Congress ticket and managed to secure 8011 votes.

Asked if he was still thinking of supporting Kamal, Akhoon said that his workers were very angry and it was impossible for him now to organise support for Kamal.

"I think it is a good omen for Peoples Democratic Party (PDP)" he said.

NC had yesterday announced the name of Kamal as its candidate for Hazratbal elections. Supporters of Akhoon had staged demonstration outside NC headquarter in Srinagar to protest against the candidature of Kamal.

Will Srinagar be a cake-walk for NC?

Syed Ali Safvi

JAMMU, Apr 12: Srinagar-Budgam Lok Sabha (LS) seat will go to polls on May 7, 2009. The constituency has been a traditional stronghold of National Conference (NC) with a 100 per cent winning record.

The voter turnout particularly in the last three parliamentary elections has been abysmal. In 1998 the voter turnout was 30.16 per cent; in 1999 it slumped to 11.93 per cent. The turnout in 2004 LS elections was as low as 18.57, despite Indian media's seemingly ad nauseum claims that people were coming out enthusiastically to cast their votes.

The main contest is between NC and Peoples Democratic Party (PDP). The latter is not leaving any stone unturned in order to woo the voters. After much speculation, the party today formally announced the name of former minister, and senior vice-president, Moulvi Iftikhar Hussain Ansari as its candidate for Srinagar-Budgam constituency. The move is seemingly aimed at wooing the Shia votes in the constituency.

After former minister and senior Shia leader Aga Syed Mehmood rejoined PDP last week, the party is seriously banking on Shia vote in the constituency.

NC is also relying on its Shia leader and MLA Budgam, Aga Syed Ruhullah Mehdi, who holds a considerable sway in Shia belts in Budgam, Srinagar, and Ganderbal districts. However, unlike in 2004 LS elections, the supporters of Ruhullah seem less enthusiastic this time around. Ruhullah's disgruntled supporters are unhappy with the party high command for not accommodating him (Ruhullah) in the council of ministers.

NC has not yet announced its candidate for the constituency. According to the party sources former chief secretary-turned-politician, Sheikh Ghulam Rasool is the front runner for the ticket. However, there is an apparent infighting in the party over the nomination of Rasool. Sources close to the party revealed that on one hand Chief Minister, Omar Abdullah wants the party ticket for Rasool, and on the other hand NC president Farooq Abdullah and a bunch of NC leaders are opposing it. The other two contenders for the ticket are Mustafa Kamal, and Srinagar Municipality Corporation (SMC) Mayor and son of Minister for Rural Development Ali Mohammad Sagar, Salman Sagar.

Keeping the last assembly election as bench mark, the contest is likely to be a cake walk for NC. The NC polled 1,64,416 votes in 15 assembly segments in Budgam-Srinagar-Ganderbal Lok Sabha seat, as against PDP (1,20,460). NC will be enjoying support of Congress, and Peoples Democratic Front (PDF). Together they polled a whopping 2,39,133 in the last assembly elections. PDP lags 1,18,673 votes behind.

Moreover, Ghulam Qadir Pardesi's exit from PDP has only made matters worse for PDP. Pardesi had lost to Farooq Abdullah by a mere 94 votes in the last Assembly elections from Sonwar assembly segment.

Keeping in view all aspects, the PDP candidate seems unlikely to even give a tough fight to NC, let alone win.

Nephew Omar's advice to Aunt Khalida! Step back

Syed Ali Safvi

JAMMU, Apr 2: Chief Minister Omar Abdullah today advised his aunt and Awami National Conference (ANC) president, Begum Khalida Shah to give up her decision of contesting the ensuing Lok Sabha (LS) polls.

"As a politician I am happy to face her (Khalida), but as a nephew I would suggest her to step back," Omar said while addressing a press conference at Sher-i-Kashmir Bhawan here.

He said that in the assembly elections his cousin and ANC vice-president Muzaffar Shah had forfeited his deposit.

"I would suggest my aunt to look at the complete scenario and reconsider her decision," Omar said, adding that as a nephew he was concerned about her.

SECURITY ISSUES
Asked whether he has received any letter from Home Ministry asking him to take extra precautions during the Lok Sabha polls, Omar nodded in affirmation and said he is one of the recipients of Union Home Minister's letter on the nature of threat and security requirements.

He told media persons that security is being reviewed for protection of former chief ministers Farooq Abdullah and Gulam Nabi Azad, People's Democratic Party (PDP) president Mehbooba Mufti.

The union home minister had on Wednesday written letters to political leaders across the country asking them to take extra precautions during the Lok Sabha polls as militants have reportedly prepared a list to target prominent figures. The letter asked the leaders not to conduct any surprise visits during the electioneering.

"We have intelligence reports of possible terrorist attacks during elections and VIP security has been put on high alert," Union Minister of State for Home Affairs, Sriprakash Jaiswal had said.

According to the Home Ministry, the list of potential targets include Congress president Sonia Gandhi, Rahul and Priyanka Gandhi, BJP president Rajnath Singh, BJP's prime ministerial candidate LK Advani, Bahujan Samaj Party (BSP) president Mayawati, AIADMK leader Jayalalithaa, Telugu Desam Party chief N Chandrababu Naidu, Andhra Pradesh Chief Minister YS Rajasekhara Reddy, J&K Chief Minister Omar Abdullah, National Conference (NC) president Farooq Abdullah, and Samajwadi Party leader Mulayam Singh.

If intelligence inputs are to be believed, a group of 20 people, including seven to eight trained pilots and at least a dozen women militants, have entered India to carry out attacks and hijackings.

"It does not worry or disturb me. The survival of a political worker is in mingling with the people and I am doing it," Omar said.

However, Omar, who already enjoys Z-plus category security, said that he will not enhance his security cover.

"I have lived with assassination bids and I believe the greatest protection is in the hands of Allah, the Almighty," he said.

VARUN GANDHI
Asked whether National Security Act (NSA) imposed on BJP's Lok Sabha (LS) candidate Varun Gandhi for his hate speech is justified or not, Omar said that Varun must face the 'weight of law' for his assertion. However, he maintained that a law other then NSA could have been invoked to deal with it.

"I do not believe that one hate speech can threaten India's national security," he said.
I am sure there are other rules and other laws that could have been used," he told a private news channel.

"If we weren't in the middle of an election season which tends to become a silly season, possibly this act (NSA) wouldn't have been used. I have a feeling that the use of NSA is perhaps more political than actually legally required," Abdullah said.

The National Conference leader said he did not expect such remarks from "somebody with that background, that education, having studied in the United Kingdowm, belonging to the family he does".

Omar said, "I know his party is supposed to have some influence on him but I didn't expect the influence to be that strong (given) the kind of words that he did (use)".

He said that what was "shocking" to him is that Varun is a member of the Gandhi family and a person who has seen much more than those belonging to his age group in the country.

"One would have expected him to have had a slightly more tolerant outlook to the whole thing'haath kaat denge' and all that. I found it particularly distasteful," he said.

INFILTRATIONS
Stating that there were many infiltration bids from across the border in the recent past, the chief minister - who also heads the Unified Command - said that the security scenario was being routinely reviewed.

Referring to the recent infiltration bids foiled by security forces in Gurez sector of Bandipora district and at Chowkibal Handwara in Kashmir last month, Omar said: "Attempts of infiltration were made, but we ensured they were not successful."

Asked about souring Indo-Pak relations, the chief minister said that resumption of talks between the two estranged neighbours are only possible after a new government takes charge at the Centre.

DIALOGUE
"Hopefully, Congress will again come to power at the Centre and a government headed by Manmohan Singh will then resume talks with Pakistan," he said. "We seek implementation of Pakistan's own commitments not to permit the use of its territory against India."

Omar said that Pakistan today had become a victim of its own policies and forces.
"Even big cities like Islamabad and Lahore are not safe," he said.

Referring to his talk's offer to separatists, Omar said that his government will discuss about it after LS elections are over.

"It is a political dialogue, and should be done at political level. We will discuss about it after LS elections," he said.

Asked when Farooq Abdullah had stepped aside to pave way for him (Omar) to become the next chief minister, it was stated that Farooq would focus on strengthening the party, but why Farooq prefers isolation when it comes to welcoming the once-disgruntled leaders of the party who had bid adieu to NC few years back and are now coming back into its fold, the chief minister said: "He (Farooq) was not keeping well and therefore was unable to travel to Jammu. We may be two individuals, but we are one unit. We do not take any decision in isolation."

Without naming Peoples Democratic Party (PDP) president Mehbooba Mufti, Omar quoting her statement that only losers were joining NC, said that during PDP's tenure she (Mehbooba) took great pride when the 'losers' were joining her party.
"I am very glad to welcome senior party leaders who had left the party for one reason or another," he said. "It will strengthen the party, coalition, and the state."

....
Govind, Talib rejoin NC
Former Minister Govind Ram Sharma and former Member of Parliament Chowdhary Talib Hussain today re- joined National Conference (NC) in presence of Chief Minister Omar Abdullah at Sher-e-Kashmir Bhawan here.

Welcoming the leaders, Omar said that both the leaders were senior NC leaders who had worked with Sheikh Mohammad Abdullah and Farooq Abdullah.
"I am glad to welcome those leaders back into the party fold who had left the party for one reason or another," he said.

Dismissing the allegations of other political parties that only losing candidates were nominated to the State Legislative Council (LC), the chief minister said: "All those who have been nominated to LC are well qualified. Some of them are graduates and some are even post graduates."

Omar said that during PDP's regime even illiterate people were nominated to the Upper House.

Sharma was made health minister in 1996 thethen chief minister Farooq Abdullah, while Talib had won the Parliament election on NC ticket.

Sharma had later switched sides and joined BJP in 2002. In 2008 assembly elections, Sharma was seeking Congress ticket from Akhnoor, which the party denied him. He then contested on BJP ticket and lost to Congress.

Talib had left NC after the party denied him mandate in 2008 assembly elections. He then unsuccessfully contested from Rajouri as an independent candidate.

Stone pelting creating rift within already divided Kashmiri separatists

Syed Ali Safvi

JAMMU, Mar 26: The apparent divide within the separatist camp seems to be widening by the day. The latest reason for the growing divide is recent controversy over stone pelting that has exposed the underbelly of separatists' claims of 'unity' and 'coordination'.
Jamiat-e-Ahli-Hadees (JAH) president, Maulana Showkat Ahmed Shah said on Sunday that stone pelting is forbidden in Islam.

"Stone pelting cannot be justified. Islam is about discipline and if the leaders are asking people to refrain from stone pelting then they should adhere to the directions. Prophet Muhammad (SAW) too has asked us to refrain from it," he said while addressing Majlis Shoora of JAH.

Chairman of Tehreek-e Hurriyat, Syed Ali Shah Geelani says that stone pelting is done in reaction against the tyranny of gun wielding troops.

"If troops allow us to hold innocuous and peaceful protest why would we take to stone pelting," he says.

Referring to the first protest carried out on June 23, 2008 during the infamous Amarnath land row, Geelani says: "It was a peaceful protest, but they (troops) fired dozens of tear gas shells to disperse the protestors."

"How could an unarmed youth hold his nerve when he is provoked by the occupational forces?" Geelani asks.

Quoting a verse from Quran, the septuagenarian leader maintains that Allah permits resistance to oppression.

Senior separatist leader and president of Islamic Students League (ISL), Shakeel Ahmad Bakshi says that be it religion or the international forum oppressed lot has been given all the right to show resistance.

"Religion does not bar the oppressed and subjugated people from showing resistance," he says. "Stone pelting has remained part of the movement and the fatwas issued against it have no basis."

Obliquely referring to president Moulana Showkat's statement, Shakeel says the same people are issuing statements against stone-pelting in Kashmir who have been all along organising seminars in support of the Palestine cause and the stone throwing youth and children.

JKLF (Rajbagh) also today came out in support of stone pelting as a form of agitation.
However, senior Hurriyat Conference (M) leader and president Anjuman-e-Sharie Shian, Agha Syed Hassan Al-Mosavi believes that stone pelting "defiles the spirit of Islam".
"There are ways to show anger through sloganeering, peaceful protests. People must abstain from stone pelting," Agha says.

'Kani jung', in vernacular stone pelting, has been the Kashmiris' distinctive way of venting pent up anger on issues ranging from religious, social, political and administrative matters to power shutdowns.

Kashmir's history is silent about this trait, however, it is said that while fighting Dogra rule in the 1930s, disenchanted Kashmiris had no other way of expressing their fury except by hurling stones and kangris at the oppressors.

Stone pelting gained popularity from 1960 onwards when supporters of two rival political groups - of the National Conference called 'sher' (lions) and of the Awami Action Committee called 'bakra' (goats) - would indulge in clashes called 'sher-bakra' battles.

Committee set up to act on SHRC recommendations

Syed Ali Safvi

JAMMU, Mar 16: After facing persistent criticism from the State Human Rights Commission (SHRC) for ignoring its recommendations, the state government has finally constituted a high-level committee to review and take action on the recommendations of the SHRC - mandated to serve as a credible watchdog institution meant for safeguarding and upholding the human rights of the people of J&K. The decision is also being viewed as an attempt to improve the human rights situation in strife-torn and conflict-ridden state of Jammu and Kashmir.

Set up by the state's Home Department, the one-member committee will be headed by the Financial Commissioner Home, Samuel Varghese.

The state government had come in for stern criticism from SHRC and state's independent human rights watchers for not taking the Commission's recommendations seriously.

Often referred to as a 'toothless tiger' and 'dead horse', SHRC is plagued by problems related to its powers and its autonomy, which have had a major impact on its functioning and credibility.

The Commission has reportedly forwarded 973 recommendations to the state government since its inception. Out of 973 recommendations, the government has taken action in merely 447 cases.

In its annual reports, SHRC had maintained that its recommendations are being treated like 'routine papers'.

It is pertinent to mention here that under Section 12 of the Jammu and Kashmir Protection of Human Rights Act, 1997 it is mandatory for the state government to initiate action on the report of the SHRC within a period of four weeks from its receipt and intimate the Commission about the action taken.

Prominent human rights activist and president Kashmir Bar Association (KBA), Mian Abdul Qayoom termed the decision as a mere 'eye wash'.

"Earlier also the government had constituted committees for reviewing the recommendation of SHRC, but they did nothing. This committee will also do nothing," he said.

He said that unless the law is amended and more power is given to the Commission, these committees would not yield any result.

Another separatist leader, Shakeel Bakshi said: "SHRC is a toothless tiger and the creation of a committee to review the Commission's recommendations is an attempt to keep Kashmiris in good humour."

Shakeel said that the state's Defence was in the hands of New Delhi and not in the hands of the state. Even the state legislature has no power to interfere in Defence related matters, he said.

Two former chairpersons of SHRC - Justice Abdul Qadir Parray and Justice AM Mir - have expressed concern over the government's callous attitude in implementing the recommendations of the Commission.

Justice Parray had made a complaint in 2002 stating that "cases of human rights violations in Kashmir at the hands of security forces are gathering dust in the official chambers of LK Advani. Our commission is only a recommendatory body and has not been provided with enough powers to force implementation."

Similarly, Justice Mir was quoted as saying, "Insofar as the implementation of the SHRC's recommendations was concerned, I am effectively whipping a dead horse".

Justice Mir had later resigned from the post of chairman SHRC to protest "growing human rights violations in the state and non-implementation of the Commission's recommendations".
"Right from the day I assumed the office, I have been observing that the government is not serious about the Commission. All along I made strenuous efforts for drawing the attention of the Government to the difficulties of the institution. The position has worsened from day to day," he had written in the resignation letter to the then Governor, Lt Gen (Retired) SK Sinha. "During my tenure, not a single recommendation made by the commission was implemented. SHRC has not been able to accomplish the object for which it was established. I waited for long in the hope that my efforts might yield some results."

The Common Minimum Programme of erstwhile Congress-PDP government had listed the strengthening of SHRC as one of the key objectives. Similarly, present government has also vowed to strengthen all the commissions, including SHRC. Despite the tall promises, the Commission's recommendations are biting the dust.

The Amendment to the Jammu and Kashmir Protection of Human Rights Act (PHRA) in 2002 stripped the SHRC of powers to appoint its technical staff and transferred this power to the government. The Commission can not appoint its own staff, and the government has failed to do so. Instead, the government transfers and replaces the SHRC staff at will, without consulting the chairperson.

For an institution that is often required to carry out independent investigations in order to verify and/or address complaints of human rights violation, the presence of investigating officers is essential. This is also stipulated in Section 11(1) of the Jammu and Kashmir PHRA.
After the exposure of the infamous fake encounter cases, then Chief Minister Ghulam Nabi Azad, in February 2007, said in the state Legislative Assembly that "all human rights violation cases in the state since 1990 will be probed". In October 2008, a Cabinet Sub-Committee, constituted to monitor the implementation of the recommendations of the State Human Rights Commission (SHRC), constituted a Special Task Force (STF). The STF was directed to visit different districts and have meetings with District Level Screening Committees, headed by Deputy Commissioners, to review the implementations/ recommendations of the SHRC since its inception (1997-1998). The STF was asked to submit its report to the Cabinet by November end, but the report never saw the light of day.

The human rights watchers have been relentlessly blaming that the state government for having failed to implement the recommendations of SHRC.

"The government, in some cases, has been simply cold shouldered. It has not even implemented SHRC's recommendations related to grant of compensation to victims in many cases," said a human rights watcher.