Srinagar, Sep 28: The Supreme Court will hear a plea on Tuesday seeking the release of former Jammu & Kashmir chief minister Mehbooba Mufti. The petition was filed before the Apex Court last week by Iltija, the daughter of Mufti.
She has appealed the top court to restore the fundamental rights of her mother and order her release from detention. Mufti, 61, was detained over an year ago along with several other political leaders. She, along with ex-CMs Omar Abdullah and Farooq Abdullah, was taken into custody on August 4, a day before the Centre issued an executive order to repeal Article 370 from Jammu & Kashmir.

Srinagar, Sep 28: The hapless citizens are harassed and tormented by the officials by non-complying with court orders, Jammu and Kashmir High Court said on Monday.
Taking strong exception to the non-compliance of its order from last thirty five months by SKIMS authorities regarding recruitment of one Prakash Kour, a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta noted that it was not the only case where such “contumacious conduct is observed.”
“In case after case, hapless citizens are harassed and tormented by the officials by non-complying with court orders,” the court said as per Global News Service correspondent, adding, “A system is urgently required whereby online intra department notification of the details of the court order is effected.”
The court said that it was the responsibility of the office of the Advocate General and Secretary Law to create such system.
“They are required to communicate the copy of the court order to the authority/officer concerned as well. They are also required to ensure compliance.”
The entire system, the court said, appears to be steeped in “inefficiency and incompetency despite a veritable army of lawyers representing the respondents (officials)”.
“More serious is the agony and to a successful litigant and the public money which is being wasted in paying fees/charges to Government pleaders for their fruitless appearances in court to seek adjournment after adjournment, a deep rooted systemic malaise,” the court said.
Meanwhile, the court granted SKIMS authorities “one very last opportunity” to place compliance of its orders “subject to payment of costs of Rs.1500/- for every date they have taken an adjournment starting from 22nd of May, 2018 till date.”
“ The costs shall be deposited by the SKIMS authorities with the Jammu & Kashmir State Legal Services Authority within two weeks from today and the proof of deposit shall be brought on record,” the court added. (GNS)

Srinagar, Sept 28: Unrecognised schools cannot be permitted to function, Jammu and Kashmir High Court said on Monday.
“Section 11 of (Jammu and Kashmir Education Act, 2002). It enjoins that “no private school shall be established, run or maintained without permission”, of the Government or competent authority,” a bench of Justice Tashi Rabstan said while dismissing a petition filed by a private school— Kohsar Public High School, Khag Budgam, seeking quashing of the orders by J&K State Board of School Education as regards restricting affiliation and recognition upto academic session 2016-17.
“It should be kept in mind that Section 11 in unequivocal terms stipulates that it is not only for establishing a private school that a ‘written permission’ is required, but it is even after establishing a private school that a “written permission” is required to be had from the government or competent authority to run and maintain a private school,” the court said, adding, “So, it is not a simpliciter threshold ‘written permission’ to establish a private school and thereafter remain calm and in a state of slumber.”
Referring to Section 11, the court said that one cannot deny that it is a good piece of legislation incorporated and introduced in the Act of 2002.
“It categorically takes care of things at the time of establishment of a school. It ordains overseeing of running of private schools. It stipulates keeping vigil on maintaining of private schools.”
The reason, the court said, being: involvement of the children; their future; and career.
“Section 11, keeps private school’s management on toes. Having said so, petitioner-school cannot absquatulate from the liability, responsibility and duty cast upon it the moment it established the school, to remain active, promptitude and up-to-date in all fields in running and maintaining the school and its management.”
The management of the schools could not have made a “miniature mistake in running and maintaining the school.”
“So applies to respondents. They should not permit any private school, including petitioner-school, to run and function without “written permission” from competent authority,” the court said, adding, “Any deviation thereto also attracts delinquency on those who were/are at the helm of affairs.”
The court reiterated that only those private schools are to be permitted to function, which are recognised, as is provided in Section 12 (1) of the Act of 2002. “This means that the unrecognised schools cannot be permitted to function,” the court added.
Referring to Subsection (5) of Section 12, the court said that the Government is also required to issue notification in Government Gazette, on or before the first day of May every year, publishing List of recognised private schools.
The court said If a private school wants to start a new class or add any higher classes, it is required to seek “prior permission” from competent authority. “Prior permission for adding new class in unambiguous terms is envisaged in Section 15 of the Act of 2002, “ the court said, adding, “It is a basic and fundamental requirement that there should be a “prior permission” for starting a new class in a private school and its recognition as well. Procedure in this regard is to be prescribed by the Government for permission and recognition.”

Srinagar, Sep 28: The Jammu and Kashmir High Court has directed authorities to provide details of the extent and particulars of the persons encroaching on the state and forest land in Gulmarg, the ecologically fragile area in north Kashmir’s Baramulla district.
Hearing a Public Interest Litigation, a division bench of Chief Justice Gita Mital and Justice Puneet Gupta directed the government’s revenue and forest department to submit details of the total state and the forest land respectively in the Gulmarg within two weeks. The court has also sought the details of the land which is in “actual possession of the State”.
The direction by the court followed perusal of a report filed by the Divisional Forest Officer, Special Forest Division Tangmarg in compliance of court’s August 24 order.
“We had noted that the respondents (government) refer to encroachments of various forest land without giving any details of the same. Some of these encroachments are by major hoteliers in the Gulmarg area,” the court said as per Global News Service correspondent, adding, “It appears that valuable forest land has been encroached and the encroachments are being permitted to be perpetuated with impunity. This is a serious matter which needs to be looked into.”
The court also directed the Chief Executive Officer, Gulmarg Development Authority to proceed in accordance with law against all those persons who have violated the building permission which required the structures to be made of wood whereas concrete structures have been raised.
Meanwhile, Additional Advocate General M A Chashoo submitted that a committee has been constituted by Chief Secretary for resolving the dispute between the Forest and Revenue authorities. The committee is headed by Divisional Commissioner Kashmir, he said.
Advocate Hakim Suhail, representing some applicant in the matter, drew the court’s attention to the contradiction in the reports of the Deputy Commissioner, Baramulla, and the Chief Executive Officer, Gulmarg Development Authority. He pointed out that in the report of the Deputy Commissioner, Baramulla that there are 18 structures which have no lease at all. “Let these reports be placed before the newly constituted Committee headed by the Divisional Commissioner Kashmir who shall ensure that the matter is verified on the physical inspection and true position is placed before this Court before the next date of hearing,” the court said. (GNS)

Srinagar, Sep 28: Two brothers were among four persons who died due to asphyxiation while cleaning a trench at Tulkhan Bijbhera in South Kashmir’s Anantnag district.
Official said that two person are from Luktipora and as many others from Tulkhun.
They have been identified as Nazir Ahmad Dar (45) his brother Abdul Rashid Dar (40) sons of Ghulam Hassan Dar of Tulkhan and Asrheed Ahmad Wani (45) son of Abdul Rashid and Sajad Ahmad Wani (30) son of Luktipora.
SDM Bijbhera Jahangir confirmed that four persons died while cleaning the trench.

Kupwara, Sep 26: From past over 8 months, a customer is wandering from pillar to post to get his hard earned money back from the bank.
A Jammu Kashmir Bank customer from North Kashmir’s Kupwara district went to SBI ATM in Kralpora Kupwara on 7 January 2020 to make a transaction of Rs 3,000 but the machine didn’t dispense the cash and yet the amount was debited from his bank account.
“I don’t know whether it happened due to machine malfunction or was it an ATM fraud. What I know is that I filed a complaint on 9 January at JK Bank Kralpora Branch, where the concerned official said that it will be sent to State Bank of India and the amount will get credited in my account. Over 8 months have expired, neither JK Bank cares nor SBI gives a damn to my grievance,” said JK Bank customer Ajaz Ahmed Khan from Kralpora told KNT.
“Who will refund my debited money,” he questioned. “After completing all formalities, JK Bank told me that SBI will refund my money to my account within 7 working days. JK Bank tells me they have sent my complaint to SBI while SBI claims they didn’t receive any such complaint from JK Bank. I fail to understand who is lying and who is telling the truth,” Khan said.
SBI Head for Baramulla Muhammad Umar told Kashmir News Trust that they haven’t received any such complaint from JK Bank. He said the affected customer deserves compensation under RBI rules for the alleged negligence committed by JK Bank as the account holder is their customer.
Branch Manager JK Bank Kralpora expressed surprise over the issue and requested to forward the cell number of the victim customer, which was done. (KNT)

New Delhi, Sep 28: The government of Jammu and Kashmir has agreed in principle to amend rules for ease in issue of domicile certificate, Union Northeast Development Minister Jitendra Singh said on Sunday after a discussion with Lieutenant Governor Manoj Sinha and Chief Secretary BVR Subrahmanyam.
“After discussion with Jammu and Kashmir Lieutenant Governor Manoj Sinha and CS Subrahmanyam, the UT Govt has agreed in principle to amend/modify rules for ease in issue of domicile certificate. Formal orders being issued soon,” Singh tweeted.
He added, “This will particularly facilitate issuing Domicile Certificate to children producing PRC (permanent resident certificate) of any of the parents and women from outside married to PRC holder men.”

Decision to do away with the Entrance Exam is not final: VC IUST
Precious Kashmir News
Pulwama, Sept 27: The students aspiring to get admission in Islamic University of Science and Technology (IUST) Awantipora have complained of unfairness as the varsity is going to skip the annual entrance exam, at least according to the official Admission Notification No. 1 of 2020.
According to the official notification, B.Tech Engineering, MBA/MBA-IB, M.Tech Food Technology and MBA (5-Year Integrated) admissions will be done as per performance in JEE Main, CMAT, GATE and test conducted by a National Level Testing Agency, respectively. However, for all other programs including M.A and M.Sc, the admissions will be “based on the percentage of marks in aggregate obtained by a candidate in the qualifying examination.”
Some agitated aspirants, while expressing their fears over phone said various Universities across the State have invited fresh admissions for current academic session 2020-21 and are selecting the candidates by conducting Entrance Examination but the IUST Awantipora seems to do otherwise.
“Recently, Kashmir University successfully conducted its entrance examination for various Post Graduate and Undergraduate programs and is going to conduct other tests for Admissions, under proper SOPs in place. Even, the national level examinations for Medical and Engineering studies like NEET & JEE Mains were conducted across the country in which lakhs of students appeared. But I fail to understand the helplessness of IUST authorities,” Adnan Mushtaq, a student said.
Saima Gulzar, another student, said, “IUST Awantipora has decided to select candidates for admission to various PG & UG programs as per the percentage in their qualifying exam, which is Graduation for PG Programs, and Diploma for B-Tech Lateral Entry. This is very brazen.”
The candidates are aghast against the University authorities for not conducting the usual entrance examination for new admissions for current academic session.
“The Entrance Exam issue impacts fever programs offered by the University, which are mainly M.A and M.Sc. Also, the decision to do away with the Entrance Exam is not final, given that the application process ends on October 03 (Saturday) and a meeting will be conducted on Monday (October 05) to take a final call,” Professor Mushtaq Siddiqi, the varsity’s Vice-Chancellor said.
The VC, however, said that one of the key factors which will impact the decision will be the number of applicants for the entrance exam. “We are facing a stiff resistance from on-roll students to conduct their exams online and we now decided to blend the process with both online and offline, (after accessing the number of examinees),” the VC said. (KNT)

Faizan Wani
Srinagar, Sept 28: Scores of wives of former Kashmiri militants who married across LoC and returned along with wives and children to this side of Kashmir under rehabilitation policy announced in 2010, Monday took out a march to Rajbhawan, but were detained.
Reports said a group of around eleven women, comprising ex Kashmiri militant’s spouses were detained by the police on way to Rajbhawan here and lodged them at Rammunshi Bagh police station.
Dozens of women who married Kashmiri youth who instead of picking arms across LoC started routine work there, returned to Kashmir through Nepal border in the year 2010 under the government’s rehabilitation policy for former militants who had crossed over to the other side of Line of Control (LoC) for arms training in 1990 and wanted to return to their homes to live a normal life again.
Protesting women who lived in different parts of Pakistan Administered Kashmir (PAK) since their arrival in this part of Kashmir, nine years ago have been hitting streets to press for their demands including citizenship rights and issuance of travel documents.
Witnesses said that these ill-fated women had earlier sought an appointment with Lieutenant Governor at Rajbhawan to apprise him about the problems they face in Kashmir and were asked to visit after a week or two. They were however detained by the police on way to Rajbhawan near Gupkar Road here this afternoon and later lodged at police station Rammunshi Bagh.
“Our future seems bleak in Kashmir as we are treated as foreigners and not Kashmiri’s. Our children are denied admission in schools. We cannot move back to Pakistan nor can we meet our parents,” said one of the protesting woman, after her release.
She appealed the Lieutenant Governor to help them getting travel documents and Indian citizenship rights or else deport us back to Pakistan as we cannot live a nomadic life anymore,” she added—(KNO)