Srinagar, Dec 7: The High Court has closed proceedings against YouTube, Facebook and Twitter as regards the incident of alleged sexual assault in Bandipora district on May 8 last year.
The court had asked the YouTube, Facebook and Twitter to remove all posts and publications which “tend to disclose the identity and name of the infant victim of the sexual violence in the incident of 08th of May, 2019 in District Bandipora, which may be posted on any platform maintained by them.”
In compliance to the direction, Mukul Rohatgi, Sr. Advocate, on behalf of Facebook, Inc. sought modification of the order.
Rohatgi submitted that use of the expression ‘tend to disclose’ brings in ambiguity and is capable of misinterpretation. He referred to the directions by the Supreme Court of India in which the top court has delineated on the liability of an internet service provider for and the manner in which a service provider has to proceed with regard to the objectionable material posted on its platform.
“In view of the statutory provisions and the law laid down by the Supreme Court of India in Shreya Singhal v. Union of India (2015) 5 SCC 1, by an order dated 17th of May, 2019, we had directed YouTube, Facebook and Twitter to remove all the materials / posts / publications which tended to disclose the identity and name of the infant victim of the sexual violence in the incident of 08th of May, 2019 in District Bandipora,” a bench of Chief Justice Gita Mittal and Justice Puneet Gupta said as per GNS, adding, “Perusal of these status reports filed by the intermediaries would show that these intermediaries have complied with the requirement of law and the orders passed by this Court from time to time.” Subsequently, the court closed the present proceedings Court against them. (GNS)
HC closes proceedings against Youtube, FB, Twitter
Houseboat sector struggling to stay afloat
Rs 150 crore loss post-Aug 5, need Govt’s intervention for revival: KHBOA
Tasaduq Hussain
Srinagar, Dec 7: The first major attraction to the tourists in the valley Houseboat is struggling to stay afloat, as the sector has come to a grinding halt post abrogation of Article 370 followed by the Coronavirus pandemic.
The Kashmir Houseboat Owners Association (KHBOA) believes that the lackadaisical approach of the government has added to the miseries of the houseboat owners.
“Our sector has been hit hard and the decisions made regarding the renovation of houseboats which are in dilapidated conditions have made things worse for us,” Chairman of KHBOA Hameed Wangnoo said.
“In 2019 all the tourists putting up across the Valley were forced to leave the erstwhile state of Jammu and Kashmir including the yatris from the houseboats, hotels, leaving our economy in doldrums,” he said. “It led to the loss of Rs 150 crore.”
Wagnoo said that in the tourism industry, houseboat business is the most affected sector, as there is no other source of income for people associated with it.
“Houseboats are made of fragile wood that requires time to time renovation and maintenance but the government has stopped giving timber to owners used for repairing and the owners aren’t allowed to undertake the renovation work at all,” he said.
Hameed said that in recent days seven houseboats have drowned for the want of renovation.
“Since the government has entirely barred the repairing work, owners don’t have enough money to undertake any work by its own,” he said.
Wagnoo said if the government fails to protect and preserve the major tourist attraction houseboat sector that holds an exclusive significance across the globe, “the industry will come to an end soon”.
“At least 3 lakh are people associated with it, which will lose their livelihood,” he said.
Blaming the government for not initiating the concrete steps towards the revival of the tourism industry, Wagnoo said that the government recently launched the business revival policy, “but by far failed to implement it as those at the helm of affairs claim to have no funds for implementing it.”
He said that very few owners have borrowed money from the bank but the association has asked for the business loss from the government.
“The August 05 last year lockdown worsened the J&Ks economy and pushed the tourism industry to the back foot but in particular, it impacted the houseboat sector which needs maintenance throughout the year”, the KHBOA chairman said.
Regarding the guidelines implemented by the government, the chairman said that the owners aren’t eligible to renew any registration.
“We want the guidelines to be simplified”—(KNO)
2004 Defamation Case: Mehbooba, Sagar seek dismissal of case
Precious Kashmir News
Srinagar, Dec 7: In wake of coming closer to each other and being the part of newly formed Peoples Alliance for Gupkar Decleration (PAGD), both Mehbooba Mufti and Ali Muhammad Sagar Monday through their lawyers filed an application before the court of Chief Judicial Magistrate Srinagar stating they have no complaint against each other seeking dismissal of the case.
Pertinently, in 2004, the senior National Conference leader Ali Muhammad Sagar had filed a defamation case against former Jammu Kashmir Chief Minister Mehbooba Mufti.
Sagar, who was chief polling agent of Chief Minister Omar Abdullah during the 2004 Lok Sabha polls, had filed a defamation suit against the PDP president, after Mehbooba accused him of rigging elections by indulging in booth capturing.
Mehbooba had approached the High Court, seeking dismissal of the suit in the trial court. However, the High court dismissed the PDP leader’s petition and directed the trial court to go ahead with the proceedings.
The lawyers of both Mehbooba Mufti and Ali Muhammad Sagar filed a joint application in the court of CJM Srinagar seeking dismissal of the case. Advocate Shabir Ahmed Khan and Advocate Rafiq Ahmed Bakshi represented Ali Muhammad Sagar while Advocate Jawad Reshi and associates were present on behalf of Mehbooba Mufti.
Advocate Shabir Ahmed, Vice President Province National Conference Kashmir said they filed a joint application before Chief Judicial Magistrate Srinagar, seeking dismissal of the case.
“Since both these leaders are together and united thus there is no need to proceed against each other. Both these leaders decided to withdraw the case and work jointly in the interest of people,” he said. (KNT)
SARFAESI Act a breach of trust to business community: FCIK
Precious Kashmir News
Srinagar, Dec 7: Federation Chamber of Industries (FCIK) conveyed its surprise with the Finance Department order to deliver Possession of the secured assets within 60 days under Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI).
In a statement, FCIK Secretary General Ovees Qadir Jami said the government is in gross contrast and contradiction to its own commitments with the stressful/NPA turned enterprises has simply endorsed a direction from Union Finance Ministry as any other normal state/UT.
He recalled the recent package announced by Lt. Governor for revival of businesses, among other things, commits on resolution of all such cases through OTS/ Restructuring etc to be decided by a competent committee constituted for the purpose. “As a first step, the government recently forward first set of cases to J&K Bank for mutual settlement with concerned account holders. Understandably a report on these negotiations has already been submitted to the Government by the Bank authorities.”
“While all this process of settlement is underway, empowering banks to take over the mortgaged property under SARFAESI Act tantamount to breach of trust with already shaken business community that has reached this point for reasons beyond their control,” Jami said.
He said FCIK demands to restrain the banks from filing any fresh cases besides directing them to withdraw already filed cases with District Magistrates and other courts against local business enterprises under section 14 of the SARFAESI Act till the fate of such cases is decided in consonance with the recent Government commitments.
“Despite a strong assurance for handholding and meaningful revival of businesses in the J&K UT, this action is bound to erode the confidence and trust that the business community has reposed in the Government after the abrogating of Article 370. Instead of re engaging the businesses and youth entrepreneurs this act is going to derail the process of business revival,” added the FCIK secretary general.
PaK brides stage protest in Srinagar, demand travel documents
Tasaduq Hussain
Srinagar, Dec 7: The Pakistani administered Kashmir (PaK) brides Monday staged a protest at in Srinagar and demanded travel documents so that they can travel to other side of LoC to meet their families.
Nearly 400 women from (PaK) are married to former militants in those side of Kashmir who over the years has held a series of protest demonstrations in different parts of the valley demanding travel documents to meet their family members.
The PaK brides alleged that the government has maintained silence over the sufferings of women who arrived in the valley under the then government’s rehabilitation policy—2010— are facing immense hardships with no attention from those at the helm of affairs.
Sairah Javaid, one of the protesters said that the Government of India is not ready to accept them but women among them are allowed to take part in the electoral process and become Sarpanchs and DDC.
“If we aren’t the citizens of this country how come others take part in the elections,” she asked.
Sairah said that, “we fail to understand the policy that government has adopted for us.” She questioned the UT administration and officers at the helm of affairs that if their lot is legally the citizens of India then they should be allowed to enjoy their fundamental rights under the Constitution of India. And if they’re illegal here they must be allowed to go back to Pakistan.
“We are feeling caged here and even after several protests the government has maintained silence over the issue,” she said.
Sairah further said that the grim situation has affected their children and the government at the earliest must come out over the matter and either deport or accept us as the citizens of India.
In tears, another, Pakistani woman married to a former militant married in Srinagar told KNO that, “I failed to attend the funeral of any relative who has died over the last couple of years including a brother, maternal aunt, and uncle, and others.”
“My mother died some 20 days back and I failed even to have her last glimpse and her death has totally left me all shattered,” she said.
The protesting Pakistani women married to former Kashmiri men urged the central government and UT administration to early redress their issues and give them travel documents—(KNO)
ACB registers case against JMC officials in graft case
Precious Kashmir News
Jammu, Dec 7: The Anti Corruption Bureau (ACB) has registered a case FIR No. 21/2020 in PS ACB Jammu against the officers/ officials of Jammu Municipal Corporation (JMC) and beneficiaries in illegal building permission case. The Case was registered on the basis of a verification which was conducted on a complaint alleging therein illegal construction by one Bhasin family in the name of M/s Hot Billion at Rehari Chungi with the active connivance of officers/officials of Jammu Municipal Corporation.
“The verification revealed that one Sanjeev Bhasin S/o Inderjit Bhasin R/o 87-BC Road Rehari Jammu sought the permission for renovation/repair of his commercial building being run as a restaurant “Hot Billon” at Rehari Chungi Jammu to the extent of i) existing Area in G.F=102 Sqft., ii) Proposed area in G.F=127.5 Sqft., total (229.5 Sqft.) and iii) Proposed area in 1st floor=229.5 Sqft., which was granted to him vide No. 417/BC/2013 dated 22.07.2013. It was found that besides the above mentioned permission so sought as well as granted, the permission was even granted for construction of 2nd floor in the same order by the Senior Town Planner, JMC Jammu to the extent of 229 Sqft., which was not sought by him. It further surfaced during probe that the said owner has initially constructed the whole building illegally in connivance with the then officers/officials of JMC and under the garb of new permission raised a huge three storied commercial building,” a spokesman of ACB said.
He said verification further revealed that the owner has illegally constructed commercial building with an area of nearly 4570 Sqft. on 2nd floor without permission upon similar type of construction made for the ground and 1st floor. Moreover the columns for the 3rd floor were also found to be laid. The said illegal huge commercial construction was facilitated illegally and dishonestly by the officers/officials of Jammu Municipality Corporation namely Farzana Naqashbani, then Sr. Town Planner, Satish Kahjuria, then Chief Khilafwarzi Officer, Abdul Gani, then Assistant Enforcement Officer and Madan Lal Padha, then Executive Officer which is in violation of sanctioned building plan, master plan, Zonal regulations and building Bye-Laws (COBO Act) etc. By acting in this manner, the above named officers/officials of JMC abused their official positions and in connivance with beneficiary namely Sanjeev Bhasin conferred huge benefits upon him.
“The acts of omission and commission on the part of Farzana Naqashbandi, then Sr. Town Planner, Satish Khajuria, then Chief Khailafwarzi Officer JMC Jammu, Abdul Gani, then Assistant Enforcement Officer, Madan Lal Padha, then Executive Officer JMC Jammu, beneficiary namely Sanjeev Bhasin and others constitute offences punishable under section 5 (1) (d) r/w 5 (2) J&K PC Act Svt. 2006 and Section 120-B RPC. Consequently a case FIR No. 21/2020 was registered in P/S ACB-Jammu and investigation taken up. Subsequently, search warrant was sought and searches were conducted. Incriminating material was seized during the searches conducted,” the spokesman said.
CUK VC inaugurates workshop
Precious Kashmir News
Srinagar, Dec 7: Central University of Kashmir (CUK), Vice Chancellor, Prof. Mehraj ud Din Mir Monday inaugurated the two-week National Workshop on “Intellectual Property Rights, Start-Ups and Entrepreneurship Development” organized by the Department of Information Technology, School of Engineering and Technology, at Tulmulla Campus here.
The Vice Chancellor also inaugurated ‘Ta’aruf’, an induction programme for the fresh batch of the students of B. Tech Computer Science & Engineering.
Addressing the participants both offline and online, Vice Chancellor, Prof. Mehraj ud Din Mir, said “Innovation, be it in Engineering and Technology, Entrepreneurship or any other professional field has become the beating-heart that gives life to and maintains the relevance of every field in the current dynamic, ever-changing environment and we can’t stay away from it in the current digital world.” He encouraged the students to participate frequently in such workshops and asked them to become part of the solutions for the future.
Inaugurating ‘Ta’aruf,’ Vice Chancellor, welcomed the newly admitted students and said, “The university will extend all possible help, support and cooperation to the students to achieve their goals in academics and make an indelible mark in their field of study. He asked the freshers to enjoy their stay in the varsity and help in building a better society and serve the community thereafter. He also apprised the participants about the facilities provided by the university and scheme of the courses offered.
Registrar Prof. M Afzal Zargar, welcomed and congratulated the students for securing admission in the Department of Information Technology. He also informed the participants about the workshop and the initiatives taken by the Government of India to enable innovators and innovations along with highlighting the importance of innovation in Education during current times.
LAWDA carries out demolition drive
Precious Kashmir News
Srinagar, Dec 7: The Enforcement Wing of Lakes and Waterways Development Authority (LAWDA) Monday carried out a demolition drive at Habak, Braine, Teilbal, Baghi Roop Singh and Miskeenbagh.
During the drive 02 double storey houses, 02 single storey houses, 02 tin wallings and concrete pillars were demolished besides, several earth fillings by way of encroachments were removed at Braine, Dodh Mohalla and Saidakadal despite resistance from the public at many places.
Meanwhile the public residing within the LDA jurisdiction and in lake areas have been directed to desist from making any sort of illegal constructions/ encroachments.
Inflation Unlikely To Fall
The inflation is on the rise in Jammu and Kashmir and elsewhere. In the overall context, it is alarming across India, currently riding at 7.61 percent. The Monetary Policy Committee (MPC) of the Reserve Bank of India (RBI) last week announced its decision to hold the benchmark repo rate unchanged at 4%.
Raising interest rates had been the traditional monetary policy response to check inflation and given the fact that India is technically in a recession, the policy-makers of the RBI were not expected to use that blunt instrument.
The RBI has on the other hand vowed to stick with its ‘accommodative’ policy stance in the next fiscal year to help support economic recovery amid the covid-19 pandemic. This is a signal that inflation shall remain elevated. The RBI hopes that there could be some relief in the winter months from “prices of perishables”. As per the RBI, it “constrains monetary policy at the current juncture from using the space available to act in support of growth”.
Liquidity has been hit hard in the financial system. The net durable liquidity surplus in the system has swollen to over Rs 8 trillion as on November 6 from Rs 2.56 trillion in March when India went into its first lockdown which an increase of over 213 percent.
The problem, as per the experts is that at a time when banks are looking to play safe and industry is reluctant to borrow, the deluge of money is winging its way back to the RBI through its reverse repo window. Banks still have surplus funds that they are deploying in the money markets where interest rates have tumbled below the reverse repo rate of 3.35 percent, raising questions about the effectiveness of the policy rates. The problem of surplus money is compounded by the fact that foreign investors have been pouring money into Indian equities and debt markets.
The guiding principle within the central bank to deal with such a situation is to start longer term repo or reverse repo operations as these have no discernible impact on bond yields.
The faster retail inflation is indicative of prices of household items rising quickly. While inflation affects everyone, as it is offend referred to, the ‘tax on the poor’ is taxing on low-income stratum of society. Persistent high inflation pushes several items out of reach for this category of consumers.
SMC mulling to retire its employees
Corporation to review performance of workers who have attained 48 years of age, completed 22 years of service
Gul Owais
Srinagar: Over a month after the government implemented a new rule, the Srinagar Municipal Corporation (SMC) is mulling to retire its employees who have attained 48 years of age or 22 years of service.
The retirement of such SMC employees will be done after conducting proper performance review.
Pertinently in October this year, the Jammu and Kashmir government amended Article 226 (2) of the Jammu and Kashmir Civil Service Regulations for a provision to retire at any time any government servant in the public interest after he has completed 22 years of service or attained 48 years of age.
Sources privy to the development told Precious Kashmir that the measures have been taken to retire the SMC employees who have attained 48 years of age or have completed 22 years in service.
“A proper performance review of all such employees will be conducted shortly and the decision to retire any such employee will be taken according to their performance,” reliable sources said.
The SMC will be the first corporation or department to follow the new rules in general. A month after the new rules were implemented, the Jammu and Kashmir Board of School Education (BOSE) last week decided to prematurely retire an employee.
JKBOSE issued a notice to one of its Class-IV employees Fayaz Ahmad Siraj to retire from service as he has completed his 27 years of service on October 14.
The newly elected Mayor of SMC, Junaid Azim Mattoo, also confirmed through his tweet that he is writing to the government to conduct a performance review of all SMC officers and employees who have attained 48 years of age or 22 years of service.
“Seeking enactment of provisions of Article 226(2) of Jammu and Kashmir Civil Service Regulations to weed out deadwood, am writing to the Government to conduct a performance review of all SMC officers and employees who have attained 48 years of age/22 years of service,” Mattoo tweeted.
