ANDHERI NAGRI CHOPAT RAJA

Impose Governor Rule in J&K State before it is too late

27/06/2017

JAMMU, Jun 26: J&K State is an exceptional State in India where Governor's rule can be imposed for 6 months under section 92 of J&K State Constitution on the report of the Governor or otherwise. The relevant provision of the J&K Constitution reads:
……"Break down of Constitutional Machinery
92. Provisions in case of failure of constitutional machinery in the State.-(1) If at any time, the Governor is satisfied that the situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the Governor may by Proclamation-
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or excisable by anybody or authority in the State;
(b) make such incidental and consequential provisions as appear to the Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending whole or in part the operation of any provision of this Constitution relating to anybody or authority in the state:
Provided that nothing in this section shall authorize the Governor to assume to himself any of the Powers vested in or exercisable by the High Court or to suspend in whole or in part the operation of any provision of this Constitution relating to the High Court.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Any such Proclamation whether varied under sub-section (2) or not, shall except where it is a Proclamation revoking a previous Proclamation, cease to be operate on the expiration of six months from the date on which it was first issued.
(4) If the Governor or by a Proclamation under this section assumes to himself any of the powers of the Legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have the proclamation ceases to have effect, unless sooner repealed or re-enacted by an Act of the Legislature, and any reference in this Constitution to any Acts of or laws made by the Legislature shall be construed as including a reference to such law.
(5) No Proclamation under sub-section (1) shall be issued except with the concurrence of the President of India.
(6) Every Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each House of the Legislature as soon as it is convened……."
Mr. A.K. Sawhney Advocate former Bar President J&K High Court Bar Association Jammu has sent written separate report to the President of India seeking imposition of Governor' s Rule in J&K wherein total Constitutional failure exists.
Police officers and personnel who are protectors and guarantee of security of the people are themselves not safe. There is total failure of law and order machinery- J&K Police and no sense of security exists. Army personnel are being mutilated everyday and they too have failed to control the killings. All this started from stone pelting and has reached to killing of Police Officers, Army Officers and Jawans.
Chief Minister Ms. Mehbooba Mufti (of PDP) joining hands with opportunist BJP who is only interested to remain in power in J&K with unholy alliance has created such situation in Kashmir which is beyond repair. Why people should be allowed to be killed? Why J&K Police Officers should be allowed to be killed mercilessly? Why should Army, CRPF Jawans, officers be allowed to be killed?
Latest killing of Mohd Ayub Pandit Dy. S.P. who was doing his duty who was mercilessly stoned to death, then the DPS attack and killing of a Sub Inspector of CrPF. The situation is become worse than 1990s and in case the Governor and the Central Govt does not intervene and save the situation, history will never forgive them.
Chief Minister Mehbooba Mufti has miserably failed and her DGP J&K Dr S P Vaid has proved "good for nothing" , BJP and its rulers must take responsibility of frequent killing of Police Officers in Kashmir and Army Officers mutilated where is "56 inch ki chati" where is the peace, where are operations? There is total Constitutional failure in J&K State and reports have been sent to the Centre in this regard but just to save the loaves of few BJP and PDP leaders the Centre is ignoring the ground realities. Nobody is bothered to save Kashmir.
All experts belive that now Enough is Enough. Let the Governor Rule be imposed and establish the constitutional machinery and give free hand to the Governor to restore normalcy. Coming Amarnath Yatra can evoke a great risk for the people here and the pilgrims and therefore once the elected Govt ha stotally failed to deal with the situation, it is high time that the Governor's rule be imposed in the State. Earlier also the State has witnessed Governor's rule or President's rule and only then the peace was restored but now the situation has worsened than that period.
PDP-BJP Govt. can't bring peace in the State. Chief Minister Mehbooba and its Police themselves are not safe how can they secure the life of a common man. Daily incidents of killing of Police officers are horrifying and now at least Prime Minster Modi should realize that head must be changed both of the J&K police and Chief Minister Mehooba since both have proved good for nothing. Governor rule may provide sense of security and restore normalcy only thereafter the democratic institution be allowed to function. The present DGP seems to be weak DGP and does not know the knitty gritty of the situation. He ha proved himself as a failure in the situation and the Centre must see that the morale of the personnel in the forces is not weakened and only a strong General (DGP) can do that who can lead the forces from the front. The present DGP is soft and weak and only busy in pleasing the political bosses.
The Govt. has lost its representative character. Law and order machinery has total failed only lip service of condemnation is there. J&K State is virtually under interval aggression by Terrorists separatists and their sympathies many excuses are tendered by central govt. and many pretext explored but all failed. The experiment of B.J.P. to rule through P.D.P. proved counter productive for the J&K State and both parties killed each other.
Mistrust exists between the parties exist to the extent that even on G.S.T. implementation there is no consensus so far. From 1st July 2017 the citizens of J&K State will have to bear double tax both under G.S.T. and are under existing Local laws (VAT). A million dollars question arises only the B.J.P. in J&K State is creating a drama they must own the responsibility to run the state people will revolt against double taxes and all the household goods shall cost more than any other state in the country is it not a failure of B.J.P.- P.D.P Govt.? There is a great fear psychosis in the minds of the people and the Govt has failed to come clear on this. Even in the Assembly Session called for this purpose the end result could not be achieved. The goods which come from other states will be paying GST and over and above those goods VAT in the State will be charged, thus aking things expensive. But the Govt till now has not come clear on this aspect whileas few hours are left. Is this not a financial impending crisis ?
Let this govt. fall and Governor may be given an opportunity to run the State smoothly. The J&K legislative Assembly be put under suspension animation to save from the Constitution failure and burden of double Tax system from July 1st 2017. In case during Governor rule in 6 months the situation does not improve let Presidential rule under Artcile 356 of Indian Constitution be imposed.
Let the centre shun with any more experiment with P.D.P and don't shirk to impose the Governor rule otherwise w.e.f. 1st July 2017 citizens of J&K have to face financial crisis and B.J.P. which befooled people to scrap Art 370 shall be responsible for double taxes in J&K State and rocket high prices which will lead to chaos and crush to a common man. The petty tactics of hide and seek be shunned to establish peace, harmony and better governance above all get rid of double tax system on goods which will lead to price escalation for J&K consumer. It is befitting saying under the circumstances that "Anderi Nagri Chopat Raja".

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