B L Saraf
In a rather quick succession, last three weeks saw three incidents occurring in J &K which brought focus on the curse of duality that affects current state of administration in the UT. The underlying fault lines stand ignited. When the mystery surrounding death in police custody of Gujjar Makhan Din, in Billawar, was still to be resolved another tragedy struck the same area. In Kashmir people protested against a fashion show organized when the winter games were going on in Gulmarg. Three civilians namely Yogesh, Darshan and Varun were killed in suspicious circumstances . Though the cause of their death is still not known but there is a suspicion that this could be a job of the terrorists. Makhna Din is said to have committed suicide while in the custody of Kathua police. A section of the society felt outraged on this incident. Another section of the society raised concern on the second incident. Omar Abdullah led local Government was in the dock for all the three incidents.
The unfortunate incidents created an ugly situation. True to their character, politicians of all hues pounced up on the incident to further the political ends. Legislative Assembly witnessed a ruckus.
Chief Minister Omar Abdullah, almost, threw up his hands in helplessness, lamenting that he was unable to do much in this regard , as law and order business was out of his purview and rested with the Union MHA. Local police too didn’t render much help to him, in as much as it adopted a position which many saw tilting towards a particular direction. Highlighting the “inconsistencies”in police’s approach to the case the Chief Minister told Assembly ” that Leader of the Opposition Sunil Sharma of the BJP was allowed to visit the bereaved families in Billawer while Deputy Chief Minister Surender Chowdry was not.” Elaborating further the matter he said, “more forces were placed around Dy CM’s official residence and was told by the authorities that his planned visit to the area was not appropriate at this juncture. Alongside, MLA Bani Rameshwar Singh informed House that he was assaulted in Billawar when he wanted to visit families of the deceased, including that of Makhan Din, to express solidarity with them in the moment of grief .Common complaint of the MLAs sitting on the treasury benches was that they – Dy CM included- were barred by the police to discharge their constitutional duty to enquire about the situation prevailing on spot and extend solidarity with the bereaved families : while as decks were cleared for the leaders of the BJP to move around and visit the spot. LOP kept on telling media that he was in constant touch with the MHA officials in Delhi on the issue ; and made no bones to spread an impression that he bypassed the local Government in this regard.
Another controversy had developed over Gulmarg fashion show held during winter sports event. People felt outraged that such a show should take place in the month of Ramzan. C M Omar Abdullah expressed ignorance on the subject and stated that his Government was not involved in it.According to him ,on preliminary inquiry it was found that the show was a private four day affair organized by a private party in a private hotel. Many MLAs expressed as much disappointment on the issue as on the helplessness of the elected CM.
One has to understand the predicament of Omar Abdullah in a proper perspective .As an elected Chief Minister he has an obligation towards the people of J & K which requires him to take such administrative and developmental measures as will make life easy for them. However, with hands tied down on account of the prevailing constitutional and administrative architecture Omar Abdullah can’t do much, on his own. This situation often makes a pathetic picture of him in the eyes of public. As if the above noted incidents were not enough to render CM helpless, came his statement on the GOI’s move to ban Mirwiaz Umar Farroq’s A A C. On the conclusion of Khelo India games in Gulmarg, Omar Abdullah said that the Centre did not share any intelligence with his Government that could have warranted the ban on Mirwaiz Umer Farroq’s Awami Action Committee ( A A C).He told the audience that he was not in favour of the ban.
How ironic does it look! Chief Minster has the “Law “portfolio but that of the “Order “lies somewhere else. When clubbed together as “Law and Order “whole complexion of the picture changes.
Prime Minister Narendra Modi has often shown a spirit of bonhomie with the CM Omar Abdullah – be it the cause of physical health fitness or holding sporting events etc. On many developmental matters both look to be on the same page. This is the time that, for the benefit of people, such gesture rubs on the Delhi – Srinagar relations and reflects on the governance matters also .
Omar Abdullah may have a cause to complain (not totally unjustified) but for an elected CM like him – who always displays a positive demeanor – it won’t pay, in the long run, to be always in a sulking mode. Even in the given administrative protocol much is with the C M which he can do for the welfare of people – not constrained by the powers which the LG may be wielding.
Even at the cost of repetition, it must be said that in J&K both constitutional position and governance set up are in fluidity. The duality in the administration is telling upon the Government’s functioning. Focus has to be on this issue and an unified endeavor has be made to sort out the confusion. Jammu & Kashmir must have the characteristics of a State which it had earlier. After a decade of uncertainty we see a semblance of political and administrative stability: it needs to be strengthened in the larger interests of J&K and rest of the country. The elected representatives owe it to the people, as do the persons who presently rule the country. What makes it all the more imperative to have a unified approach to address the issues is the dangerous situation that has engulfed Pakistan. The country has almost become ungovernable. Under this situation there is every likelihood of the consequences of the unstable position, prevailing in our immediate neighborhood, spilling over to our area. That must be factored in while Centre proposes to deal with the local Government in J&K.
(The author is former Principal District and Sessions Judge)
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