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Woman’s body is not man’s plaything: Court

Awards 7 Year Jail To ‘Rapist’

Udhampur, Sept 26 : A court on Saturday sentenced to seven years jail to one Surinder Singh of Kotli Jija Udhampur for raping girl in 2011.
According to the police, on 07.12.2011 the girl (name withheld) filed a written complaint in police station Rehmbal that the accused called her and when she met him, he outraged her modesty. He also threatened her not to disclose any one about their relations. The accused repeatedly made physical relations with her with a promise to marry her. On the basis of the report, an FIR no 211/2011 under section 376 RPC was registered and the accused was arrested after thorough investigation. Later challan was presented in the court of Additional District and session judge court Udhampur.
After hearing Additional public prosecutor Anil Kumar Magotra for the State, and counsel for the accused and material on record, the Additional session judge Udhampur, S.R Gandhi, today sentenced the accused for seven year imprisonment. The Court observed that a woman’s body is not a man’s plaything and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply because he wants to indulge in it.
Keeping in mind the aggravating and mitigating circumstances of this case, it is ordered that for the commission of offence under Section 376 of the RPC, the convict shall undergo rigorous imprisonment for 07 years ( seven years) and a fine of Rs.5,000/- (Rupees five thousand ). For the commission of offence under Section 417 of the RPC the convict shall further undergo rigorous imprisonment for 01 year ( one year) and a fine of Rs. 2,000/- ( Rupees two thousand ).
Both the sentences shall run concurrently. In default of payment of fine, the convict shall further undergo imprisonment for 06 months. It is evident from the record that the convict was arrested on 08.12.2011 and released on bail 03.01.2012. The period of detention already undergone shall be set off from the sentence awarded to the convict. Court also ordered a copy of judgment to the Chairman District Legal Service Authority, Udhampur with the request to consider this case for compensation to the victim.

Govt suspends 2 officers in JK

 

Srinagar, Sep 26 : The Jammu and Kashmir administration on Saturday suspended Special Secretary to the Government, Industries and Commerce Department Muhammad Mujib-ur-Rehman Ghassi and Deputy Registrar Cooperative Societies Jammu and Kashmir, Ashiq Hussian.

“Pending enquiry into his conduct, Mr. Mohd. Mujib-ur-Rehman Ghassi, KAS, Special Secretary to the Government, Industries and Commerce Department, is hereby placed under suspension, with immediate effect in terms of Rule 31 of Jammu and Kashmir Civil Services (Classification, Control Appeal) Rules, 1956,” an order under number 896-JK(GAD) of 2020, dated 26-09-2020, issued by Commissioner/Secretary to the Government, Manoj Kumar Dwivedi reads.

“During the period of his suspension, he shall remain attached with the General Administration department,” the order reads.

As per another order issued by him, Deputy Registrar Cooperative Societies Jammu and Kashmir Ashiq Hussain was also placed under suspension.

“Pending enquiry into his conduct, Mr. Ashiq Hussain, Deputy Registrar, Cooperative Societies, J&K, is hereby placed under suspension, with immediate effect in terms of Rule 31 of Jammu and Kashmir Civil Services (Classification, Control Appeal) Rules, 1956. During the period of his suspension, he shall remain attached in the office of Divisional Commissioner, Kashmir,” an order under number 897-JK(GAD) of 2020, dated 26-09-2020, reads the order

Gulmarg receives season’s first snowfall

 

Baramulla, Sep 26 : Gulmarg, a world famous ski-resort in north Kashmir’s Baramulla district on Saturday received season’s first snowfall, bringing the temperature down.

Pertinently, a local Meteorological (MeT) department had predicted light snowfall in higher reaches and light rainfall in plains of Jammu and Kashmir on Saturday.

Reports reaching the news agency—Kashmir News Observer (KNO) that Gulmarg has received moderate snowfall today. It was the first snowfall of this season and thus ended the long dry spell as well.

After fresh snowfall in the area, the temperature has also plummeted at the world famous ski-resort and its adjacent areas.

Earlier, Deputy Director Meteorological department, Dr. Mukhtar Ahmad had said that a fresh western disturbance on Saturday will likely bring rain or snowfall in Jammu and Kashmir. He had stated that very light rainfall would occur in plains while there is possibility of very light snowfall in higher reaches at isolated to scattered places as well.

Ahmad had also said the weather conditions would improve from Sunday morning.

Govt of erstwhile J&K State sought exemption from implementing police reforms: Report

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‘Centre yet to order implementation of reforms in J&K and Ladakh’

Srinagar, Sep 26: A report prepared by prominent rights body- Commonwealth Human Rights Initiative(CHRI)- has revealed that government of the erstwhile state of Jammu & Kashmir had sought exemption from the Supreme Court for implementing key police reforms like State Security Commission(SSC) and Police Complaint Authority(PCA).

The report titled “Government compliance with Supreme Court directives on police reforms: an assessment (2020)” states that state government had moved an application before the Supreme Court challenging the implementation of the directives on the SSC and PCA.

“On State Security Commissions, the government had asked to be exempted from implementing this directive based on the specific security situation in the State. It had said that establishing a body such as the SSC would destabilize the system of coordination and control between the Army, the Central Para-military Forces and local police, headed by the Chief Minister,” reads the report, a copy of which is with news agency—Kashmir News Observer (KNO)

On establishing Police Complaints Authority, government, according to the report, alleged that creating Police Complaints Authorities would give a forum for insurgency ‘elements’ to lodge false complaints against the police to demoralize the police.

“Further, they claimed there are already sufficient oversights mechanisms in the state, such as the SHRC, Vigilance Commission and departmental superiors,” it states.

“On Police Establishment Board, the state government had first issued an order dated 06.02.2007 and then subsequently on 19.04.2017 superseding the previous order. As per the 2017 order, the PEB was made up of the DGP and 9 other senior officers. It had the mandate to decide all transfers, postings, promotions and other service related matters of police of and below the rank of DySP. It was silent on its power to recommend for SP and above,” it adds.

The report claims that post reorganization of the erstwhile state of J&K, the Government of India is yet to issue orders on the implementation of the Supreme Court directives relating to police reforms.

In 2010, Union Home Ministry had constituted Union Territories Security Commission for all UTs, comprising representatives of Centre, UTs and independent members.

According to the report, Jammu and Kashmir Police Draft Bill was made public in 2013 but since then no progress has been made in this direction—(KNO)

Illegal’ stone crusher in Kupwara: CBK Books Ex-Dc, Others

 

Srinagar, Sept 26 : Crime Branch Kashmir on Saturday registered a case against a former Deputy Commissioner Kupwara and other officials in connection with the setting up a Stone Crusher, Hot Mix Plant “illegally” at Gutlipora, Hyhama Kupwara. The Crime Branch Kashmir said it registered the FIR (35/2020 u/s 447,468,120B RPC and Section 5(2) Prevention of Corruption Act Svt. 2006) after conducting a Preliminary Verification into a written complaint lodged with it by inhabitants of Gutlipora, Hyhama Kupwara.
The inhabitants have alleged that in brazen violation of extant rules and regulations governing grant of NOC for establishing a Crusher/Hot Mix Plant, the authorities concerned had issued NOC to a Crusher/Hot Mix Plant in 2017 to one M/S National Infra Construction Company Gutlipora Kupwara. They alleged that the revenue records of the piece of land on which the Hot Mix Plant was established had been “manipulated” by the then revenue authorities.
“The Crime Branch After conducting a preliminary verification including spot inspection etc. into the matter prima facie found that the allegations are substantiated,” an officer of the Crime Branch said in a statement to GNS.
During the verification it has been revealed that M/S National Infra Construction Company Gutlipora, Hyhama, a partnership firm, had sought registration with the DIC Kupwara for establishing Stone Crusher/Hot Mix Plant, it said.
The registration of the plant was to be governed by the Government Order (No. 104/Ind of 2015 dated 14.07.2015), whereunder the Plant Holder was required to seek the NOCs from the Deputy Commissioner, Kupwara regarding ownership of land, etc, State Pollution Control Board (SPCB) regarding Pollution Control, Geology and Mining regarding location, feasibility and availability of raw material, Forest Department, I&FC and Fisheries Department. The then Office of the Deputy Commissioner, Kupwara had “illegally” issued NOC in favour of the Plant on 27 March 2017 in violation of the standing laws and rules regulating the establishment of such plants, it said.
“The Plant was registered in the name of partnership firm, which was not having the required title over the land. During the verification, it also surfaced that the land on which the alleged illegal plant was set up was Abi-Awal, but the District revenue officers/officials manipulated the nature and the character of the land by showing same as Gair Mumkin Shart in violation of section 133A Land Revenue Act Svt. 1996 read with the Government Policy regarding change of land use issued vide Govt. Order No. 138-Rev (S) of 2016 dated 07.10.2016 to extend undue favour to the beneficiaries.”
The verification also revealed that General Manager, DIC, Kupwara provided registration to the Plant without the required NOCs from Fisheries and Forest Department.
“The Officers/Officials of SPCB, Geology & Mining, Forest, I&FC were also found to have illegally issued NOCs in violation of Government orders, rules and regulations framed thereunder for the purpose.”
The then Deputy Commissioner Kupwara, the crime branch said, also failed to take any further action against the illegal operation of the plant as was mandated under Government Order No. 104/Ind of 2015 dated 14.07.2015, when the complainants and residents brought the issue to his notice.
“The FIR has been registered against the then Deputy Commissioner, Kupwara; then Additional Deputy Commissioner Kupwara; District revenue Officers/Officials; then General Manager District Industries Centre (DIC) Kupwara; then Officers/Officials of State Pollution Control Board (SPCB); then District Officers/Officials of Geology and Mining Department, then Officers/Officials of Forest Department; then Agriculture Officer, Kupwara and beneficiaries including Haji Mohabbat Ali Khan son of Rehmatullah Khan resident Shortpora Hyhama, Kupwara and others for setting up a Stone Crusher/Hot Mix Plant illegally at Gutlipora, Hyhama Kupwara,” it added.

Abuses Against Her During Pandemic

 

Ever since the covid-19 pandemic, National Commission for Women (NCW) has received 1443 cases of domestic violence across India.

Despite various shortcomings in this part, 55 of the cases were from Jammu and Kashmir also.

Minister of Women and Child Development informed the Parliament last week that while two cases were received in March, the number was six in April, five in May, 13 in June, ten in July, 11 in August, and three in September besides 6 cases were received through WhatsApp number.

While mankind is fighting against the coronavirus disease, the pandemic has had very adverse social and economic consequences for women and girls.

As the lockdown continued, societies as a whole had reduced access to resources and its impact lingered on even as lockdown eased since. There is definitely an increase in stress due to the loss of jobs and strained finances. Lack of income, unemployment, insecurity about the future, or the fate of children creates tensions amongst the adults, leading to abuse of all kinds.

The lockdown on account of pandemic led to the creation of a situation of confinement of families in closed spaces and unfortunately, it has also led to abuses on various counts. Ironically it also kept most women away from people and official machinery they could approach for help.

In April this year, the social welfare department reported that 81 cases of domestic violence stand registered in the J&K while 16 cases of rape, 64 cases of molestation and one case of eve-teasing have been reported during the lockdown during the time.

While the government says the complaints received including at NCW are acted upon by coordinating with victims, police and other authorities to provide immediate assistance, there is a need to have wide-ranging facilities available for anybody to report in distress and there should be such a mechanism that her call is effectively answered and action is taken sans delay.

The Protection of Women from Domestic Violence Act, 2005 which came into effect in October

2006 defines domestic violence as any act, omission or commission that causes injury to a woman’s physical or mental health and includes specific forms of violence such as physical, sexual, verbal, emotional and economic abuse. The Act seeks to provide relief to women in the form of protection order, residence order, monetary relief, custody order and compensation orders. Breach of any protection order is a criminal offence. Authorities need to act fast and those subjected to violence need to come forward.

Special audit pulls up EDI authorities for lack of research

‘Institution fails to achieve targets under seed capital fund scheme’
Ibni Maqbool
Srinagar, Sep 25: A special audit ordered by the Jammu & Kashmir Government has pulled up the authorities of Entrepreneurship Development Institute (EDI) for lack of research in the institution.
The audit report, a copy of which is in possession of Precious Kashmir, has pointed out that EDI has not done any research so far despite having seven trained faculty members holding doctorate. “One of the important functions of J&K EDI as per the objectives mentioned in the Memorandum of Association is conducting and sponsorship of research in the field of entrepreneurship development. However, as per the records available to the audit, the faculty appointed in JKEDI has not conducted any research so far,” reads the report submitted to the Financial Commissioner, Finance Department.
It’s in place to mention here that JKEDI has a trained faculty of 7 PhD holders but nothing has been published in the name of research till date.
The audit has also revealed that the EDI has not been able to achieve year-wise targets under the seed capital fund scheme. “Audit observed that the year-wise target has not been achieved by the institution under the scheme which indicates that JKEDI has not taken any concrete steps for achieving the targets,” it states.
According to the report, the total target under the scheme for four years (04/2016 to 03/2020) was 8722 units against which EDI trained 6966 educated unemployed young men and women for assistance under the scheme.
Out of them, cases of 4803 beneficiaries were approved by the steering committee for disbursement of seed capital in their favour but only 3911 cases of beneficiaries were forwarded to the Bank with seed money through payees account cheques to the tune of Rs 14220.41 lakhs.
Out of that amount, J&K Bank only disbursed Rs 9071.42 lakhs and cheques of 1476 beneficiaries of amount of Rs 5148.98 lakhs were returned by the Bank, the audit states.
“Thus only Rs 9071.42 lakhs were actually disbursed among 2444 beneficiaries,” the report states, adding that this reveals that a large number of cases were not entertained by the Bank.
This, according to the audit, shows that EDI has not created its own monitoring and evaluation to keep a watch on the functioning of the scheme.
The audit has also made similar observations on the Youth Start Up Loan Scheme started in 2013-14.
The JKEDI was established by the government in March 1997 for entrepreneurship development in the State. The institute started its regular activities from February 2004.

 

July 18 Shopian encounter: DNA samples of slain Rajouri youth match with their parents: IGP Kumar

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‘Will take further action, complete legal formalities’
Abid Bashir
Srinagar, Sep 25: Inspector General of Police Kashmir range Vijay Kumar Friday said that results of DNA samples of parents of three youth from Rajouri district have matched with those killed in Amshipora, Shopian on July 18 this year and police will now take further course of action.
“We have received the DNA sample results of three families of Rajouri and they have matched with those killed in Amshipora, Shopian. We will now take further course of action and complete remaining formalities,” Kumar told media men at Police Control Room (PCR) Srinagar.
Police had collected six DNA samples from the parents of three slain youth killed in Amshipora, Shopian on July 18. A police team from Kashmir had visited Rajouri and collected DNA samples of parents of three youth. It is after a gap of 40 days, that the DNA samples matched between the families and the slain youth.
On September 18, in a brief statement, the Army had stated that the Shopian operation contravened the dos and don’ts of the Chief of Army Staff approved by the Supreme Court.
“The inquiry has brought out certain prima facie evidence indicating that during the operation, powers vested under the AFSPA 1990 were exceeded and the Do’s and Don’ts of Chief of Army Staff as approved by the Supreme Court have been contravened. “Consequently, the competent disciplinary authority has directed to initiate disciplinary proceedings under the Army Act against those found prima-facie answerable,” the statement had said.
Soon after the army’s statement, the families of slain youth had demanded immediate exhumation of the bodies of their loved ones for proper burial at Rajouri. The three families from Rajouri had identified their sons through pictures that went viral on social media. The army had ordered a court of inquiry while police and the administration had been probing the case separately—(KNO)

 

2 LeT commanders killed in Sirhama gunfight

Srinagar, Sep 25: Jammu and Kashmir Police Thursday said that two top Lashkar commanders were killed Sirhama, Anantnag gunfight early morning Friday.
“One of the slain has been identified as Abu Rehan from Pakistan, who was active since March 2019 and the second one has been identified as Adil Bhat, who was also Lashkar commander. Adil was involved in the attack on two policemen at Nowgam on August 14,” IGP Kashmir Vijay Kumar told mediamen at PCR here.
On Block Development Chairman Khag, Budgam, Bhupinder Singh’s killing, the IGP said that after touring his area along with two PSOs, Singh had left for his home by allowing his PSOs to relax. “Militants were probably knowing about his movement and they shot him dead outside his house. We have suspended two PSOs. And prima facie, the names of two Lashkar militants have come to fore—Yousuf Kandroo and Abrar. We will soon catch them,” the IGP said.
Regarding the killing of a CRPF man at Wadipora, Budgam yesterday, the IGP Kumar said the attack was carried out by Jaish-e-Muhammad outfit as cartridges of M-4 was found at the site of incident. “M-4 is usually carried by JeM militants,” he said.
Asked about the number of active militants, the IGP said that 170 to 200 militants are active in Kashmir of which 40 are foreigners whom police knows by name.
Militants attack mini secretariat Shopian

Militants attacked with automatic weapons security force personnel posted at the main gate of mini secretariat, Shopian, in south Kashmir Friday morning, UNI reported.
It said that security personnel deployed in the secretariat also retaliated but the militants managed to escape. No one was injured in the attack, they said.

Army, CRPF and police personnel were immediately rushed to the area, they said adding a massive Cordon and Search Operation (CASO) has been launched to nab the militants.
Sources said police and security forces have collected CCTV footage of the area.

 

4 injured in explosion near Sirhama encounter site

Umaisar Gull Ganie

Anantnag, Sep 25: Four youth sustained injuries after an unexploded device went off at Sirhama, Anantnag gunfight site where two Lashkar-e-Toiba (LeT) militants were killed in the morning today.
Of the four injured, two were referred to Srinagar hospital for specialized treatment, officials said.
A police official told KNO that the incident took place as a group of people were clearing debris from the house razed to the ground during the gunfight where two militants were killed.
“The banners were already erected there, appealing people not to venture near the spot. While we sanitized the area, there seems that some explosive had been left unnoticed, which these persons fiddled with, leading to the blast,” he said, adding that four persons were injured and have been hospitalized.
The injured were identified as Muhammad Yasin Rather, of Sirhama, Shahid Yousuf of Bun Nambal, Irfan Ahmed Bhat of Bun Nambal and Mudasir Ahmed Magray of Sirhama. Yasin and Shahid have been referred to SK Institute of Medical Sciences (SKIMS) Soura, for specialized treatment—(KNO)