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Centre set to lose powers to modify J&K laws through executive orders

197 laws modified, repealed under Re-organisation Act till date
Ibni Maqbool
Srinagar, Oct 9: The Central Government is set to lose its powers to make changes in the laws of Jammu & Kashmir through executive orders.
The Centre will have no authority beyond October 30 to modify the existing laws through executive actions as it was empowered by the Parliament to exercise these powers for only one-year period starting from October 31, 2019.
“As per section 96 of Jammu & Kashmir Re-Organisation Act, the Central Government can make adaptations and modifications in laws made applicable to J&K UT for one- year period beginning from the appointed day of both the UTs carved out from erstwhile state of J&K. So the Centre cannot exercise these powers from October 31,” officials told Precious Kashmir.
The provision was incorporated in the Re-organistaion Act to facilitate application of laws made applicable to the UTs before October 31, 2019

“For the purpose of facilitating the application in relation to the successor Union Territories, of any law made before the appointed day, as detailed in Fifth Schedule to this Act, the Central Government may, before the expiration of one year from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority,” reads section 96 of Jammu & Kashmir Re-Organisation Act.
Post re-organisation of Jammu & Kashmir, the Union Home Ministry has issued five orders to make adaptations and modifications in laws made applicable to J&K UT.
The first such order was issued by the Ministry of Home Affairs on March 18 this year when it made changes in 38 central laws made applicable to J&K UT.
On March 31, second such order was issued by the MHA for adaptation of state laws.
By virtue of this order, 113 laws were modified and 25 were repealed as a whole.

Three days later, the Centre came up with third such order to modify the domicile job law to the extent that all the jobs in the UT were reserved for its domiciles which also includes non-locals living in the UT for 15 years. The earlier order only level-4 jobs for the domiciles.
Two separate orders were issued on 5th of this month to modify 11 central laws and 10 state laws.

 

Roshni Scam: CBI probe set to open Pandora’s Box

Afaq Bhat
Srinagar, Oct 11: The Jammu and Kashmir High Court handing over the probe into controversial Roshni scheme to Central Bureau of Investigation (CBI) could lead to opening up of Pandora’s Box.
An analyst while talking to Precious Kashmir said, “When this scheme was announced the then J&K government had claimed that it would generate whopping revenue of more than Rs 25000 crore as the state land which is under the illegal possession of the private parties will get legalized. But in most of the cases it didn’t happen and it eventually turned into a scam.”
It may be recalled that the Jammu and Kashmir State Lands (vesting of ownership to the occupants) Act was enacted in 2001 with the twin objective of generating resources for financing power projects and conferment of proprietary rights to the occupants of the state land. The scheme was repealed after it failed to serve its purpose.
Last week, a division bench of J&K High Court comprising CJ Gita Mittal and Justice Rajesh Bindal declared the Roshni scheme as unconstitutional and directed that its investigation be transferred to the CBI.
An observer said that the Roshni scheme turning into the “biggest scam” in J&K’s history has raised many questions. “Had this scheme been implemented honestly it would have benefitted the poor, but things didn’t go as planned. More than poor people, rich reaped the fruits and they succeeded in getting the prime properties transferred on their names,” the observer added.
According to the official figures that were available in January this year, in Jammu the government transferred 1,58,512 Kanals of land under the scheme and it got Rs 22.63 crore. On an average a kanal of land was given at a throwaway price of Rs 1428. In Kashmir division, against revenue of Rs 54.27 crore, 13732 Kanals were given to 11247 people. This makes cost of land as Rs 39,522 per kanal.
The observer said, “The list of beneficiaries under Roshni scheme include big names and the CBI probe will reveal it all. In the past many probes were scuttled due to one or other reason but after J&K’s transition into a Union Territory the investigating agencies have become very vibrant. It appears that after the CBI starts the probe many skeletons will tumble and it could mean trouble for big guns.”
He said that when the loopholes in Roshni Act had come to fore few months before the 2014 floods in Kashmir, many people had demanded that the ones who have made ‘highly questionable’ amendments made to the original law initially in the era of late Mufti Mohammad Sayeed and later in the government led by Ghulam Nabi Azad should be held accountable. “It seems now time has come to bring all the discrepancies in public domain,” the observer added.

 

COVID-19: 9 more die, 569 fresh cases in J&K

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Death toll mounts to 1324, 83633 test positive till date
Nadeem Nadu
Srinagar, Oct 11: Jammu and Kashmir reported nine more COVID-19 deaths in last 24 hours, will 569 fresh cases were reported across the Union Territory, officials said on Sunday.
They said the fatality count due to COVID-19 in J&K has mounted to 1324, while 83633 people have tested positive for the virus in the UT till date.
Officials said that among the fresh casualties, five were reported from Jammu Division and four others from Kashmir.
The victims from Kashmir include a 52-year-old woman from Batamaloo, an 80-year-old from Singpora Baramulla, an 88-year-old from Sheeri Baramulla and a 50-year-old man from Pulwama, they added.
Among those who died in Jammu division include a 70-year-old man from Udhampur, a 75-year-old man from Khelani Doda, a 72-year-old man from Seer R S Pura and a 52-year-old from Miran Sahib Jammu.
With these deaths, 1324 people have died due to the virus in J&K. These include 895 from Kashmir and 429 from Jammu division.
569 test positive in J&K
Meanwhile, twenty-three security forces personnel and a doctor were among 569 new COVID-19 cases reported in last 24 hours in Jammu and Kashmir, taking the total count to 83633.

Among the cases, 207 were confirmed from Jammu Division and 362 from Kashmir.
Giving district wise details of the cases, official sources said that Srinagar reported 147, Budgam 48, Baramulla 42, Pulwama 23, Kupwara 20, Anantnag 35, Bandipora 12, Ganderbal 20, Kulgam 10, Shopian 5, Jammu 108, Rajouri 6, Udhampur 12, Doda 4, Kathua 11, Poonch 24, Samba 11, Kishtwar 5, Ramban 12 and Reasi 14.
A number of cases were confirmed at SKIMS and includes male (29, 32, 30, 52, 25, 28, 38, 28, 33, 35, 34 and 56) from BSF Humhama Srinagar, female (23) from Palpora Budgam, male (46) from Gurwaith Kalan Budgam, male (62) from Wagam Budgam, male (61) from Dragar Budgam, female (34) from Krimshore Budgam, female (24) from Arigam Budgam, female (60) from Freesdub Budgam, female (30) from Ranger Chadoora Budgam, female (20) from Neegu Chadoora Budgam, female (35) from Chadoora Town Budgam, male (40) from Harwan , male (60) from Nowgam , male (29) from Gund Checkpora Budgam, female (45) from Gopalpora Budgam, female (75) from Gopalpora Budgam.
From 61 Bn CRPF Shivpora , male (24) from 61 Bn CRPF Shivpora , male (44) from 49 Bn CRPF Karanagar, male (40) from 28 Bn CRPF Bemina , male (44) from 117 Bn Wazir Bagh , male (45) from 628 Eme Bn Niyari Kup, male (34) from 6 Jakrif Niyari Kup, male (22) from 2/8 Gr Niyari Kup, male (34) from 2/8 Gr Niyari Kup, male (31) from 175 Engr Ta Niyari Kup, male (21) from 14 Sikh Niyari Kup, male (22) from 21 Rr Bn Zangli Kupwara
Male (08) from Kangan Ganderbal, female (35) from Beehama Ganderbal, female (28) from Beehama Ganderbal, female (18) from Wahidpora Ganderbal, female (35) from Darend Ganderbal. Male (49) from Sanatnagar , female (26) from Qazipora Tangmarg, female (32) from Kawarhama Baramulla, male (36) from Narbal Baramulla, male (41) from Kunzer Tangmarg.
Female (15) from Buchpora , male (31) from Anchidoora Baramulla, female (52) from Indranagar , male (35) from Nawakadal , male (30) from Yangoora Ganderbal, male (35) from Nawakadal , female (33) from Soura , male (60) from Nowhata , male (25) from Nowgam , male (38) from Rainwari , male (45) from Anchar , male (35) from Singpora Baramulla, female (30) from Singpora Baramulla, male (54) from Ellahibagh , male (32) from Nowpora , male (06) (Na) from Soura , female (40) from Soura , male (38) from Nowshera , male (31) from Chanpora , male (32) from Dalgate , male (63) from Bagi Mehtab , Male (48) from Kishtawar, female (65) from Bechama Ganderbal, male (70) from Nowgam , female (89) from Lalbazar Male (30) Ellahibagh , male (09) from Safakadal , male (85) from Pattan Baramulla, female (56) from Larnoo Kokernag, male (38) from Kulgam, male (65) from Tral Pulwama, female (46) from Batamaloo , male (78) from Habak , male (50) from Ellahibagh , male (43) from Rajouri, female (49) from Azadgunj Baramulla, male (70) from Lalbazar and male (07) from Soura.
Moreover, officials said, 890 more COVID-19 patients have recovered and were discharged from various hospitals— 460 from Jammu Division and 430 from Kashmir. (GNS)

India reports 74000 fresh cases

Death toll at 108334, tally crosses 70-lakh mark

New Delhi, Oct 11: India on the 11th day of Unlock-5 reported 74,383 new cases of COVID-19 during the past 24 hours, surpassing the 70 lakh-mark of cases that have been reported since the outbreak of pandemic in March.

The tally of 70,53,807 includes deaths, migrated cases and even the recoveries. The death toll has now reached 1,08,334 with 918 fresh casualties while 89,154 were cured and discharged in the past one day.

Out of the total cases reported till now, 60.77 lakh have recovered which means that 86.17 per cent people have been cured after getting infected of the highly contagious virus.

The recovery percentage or figure might give the country some strength to brace for winters.

Health Minister Harsh Vardhan today voiced concern over reports that the number of Covid-19 cases will increase during winter, saying the possibility could not be dismissed in the Indian context at all.

“Coronavirus is a respiratory virus and the transmission of respiratory viruses is known to increase during the colder weather. Respiratory viruses thrive better in cold weather and low humidity conditions. There is another fact that needs to be kept in mind. During winter, there is a tendency of overcrowding in residential dwellings which may increase transmission… So in Indian context, it would not be wrong to assume that the winter season may see an increase in the number of cases”, the Health Minister said.

Winters might not be the only perpetrator, upcoming festive season can too act as one.

UK to test if BCG vaccine protects against COVID-19

London, Oct 11: The widely used BCG tuberculosis vaccine will be tested on frontline care workers in Britain for its effectiveness against Covid-19, researchers running the UK arm of a global trial said.
Bacillus Calmette-Guérin (BCG) vaccine, used to protect against tuberculosis, induces a broad innate immune-system response and has been shown to protect against infection or severe illness with other respiratory pathogens.
“BCG has been shown to boost immunity in a generalised way, which may offer some protection against Covid-19,” Professor John Campbell, of the University of Exeter Medical School, said.
“We are seeking to establish whether the BCG vaccine could help protect people who are at risk of Covid-19. If it does, we could save lives by administering or topping up this readily available and cost-effective vaccination.”
The UK study is part of an existing Australian-led trial, which launched in April and also has arms in the Netherlands, Spain and Brazil. The BCG vaccine is also being tested as a protection against Covid-19 in South Africa.
The British trial is recruiting volunteers ahead of winter months that officials have warned may be tough as the country grapples with a second wave of infections.
UK Prime Minister Boris Johnson has indicated that restrictions to curb the pandemic could be in place until spring.
The trial’s UK arm, which is being run from Exeter, southwest England, is seeking to recruit 1,000 people who work in care homes and community healthcare nearby.
Globally, more than 10,000 healthcare staff will be recruited.

No religion says put lives at risk for festivals: Health Minister

 

New Delhi, Oct 11: Preparations already on for the festive season, Union health minister Dr Harsh Vardhan today gave the people a reality check. “There is no need to congregate in large numbers to prove your faith or your religion… You can pray at your homes. I would suggest that all of you celebrate festivals with your families,” he said, pointing to coronavirus which is still on rampage.

But with Durga Puja, Dussehra, Diwali and Chhath Puja around the corner, there is concern about Covid numbers spiking as people drop the use of all safety norms. On October 6, Health Secretary Rajesh Bhushan had told the media that there has been a “huge spike in cases in Kerala for several days and a lot of it has to do with the Onam festivities”.

Large gatherings are already happening. A shopping rush has already started in Bengal, and images from the city’s key market areas show huge crowds where many people have even ditched the mask.  Ahead of Diwali, a similar situation is likely to play out in Delhi and the rest of north India.

“If we are careless in following coronavirus safety norms while celebrating festivals, the COVID-19 situation in the country will again worsen, and can create massive problems for us,” Harsh Vardhan said in a video address.

“No religious leaders of any religion say that festivals should be celebrated by putting lives in danger… no Gods say you need to go to big pandals to pray. If you know there is fire outside and you still go out in the fire in the name of religion — what’s the point of such festivals,” the minister said in a strong message.

 

Ladakh records 72 new cases, one more death

Srinagar, Oct 11: The Union Territory of Ladakh reported 72 new Corona cases and one more death, taking the total Corona cases to 5059 and fatalities to 64, an official said on Sunday.
With 87 more patients cured of the disease, the number of active cases in the region dropped to 1022 785 in Leh district and 237 in Kargil district, the bulletin released this morning by the directorate of health services said.
The latest Corona related death took place in Kargil, taking the total number of fatalities in Ladakh to 64 38 in Kargil and 26 in Leh, it said.
Out of 72 new cases, the bulletin said 67 were detected in Leh and five in Kargil during the past 24 hours.
It said 54 patients were discharged in Leh and another 33 in Kargil on Saturday after they recovered from the infection, taking the total number of recovered patients in the UT to 3973.

 

Ladakh Standoff: India-US talks today; China, India Generals to hold another round of negotiations

New Delhi, Oct 11: India and the US will have a round of talks here on advancing the strategy on how the two strategic partners can advance security, peace and property in the Indo-Pacific region.
US Deputy Secretary of State Stephen Biegun begins a three-day visit on Monday to have follow-up talks with senior officials on the conversation EAM S Jaishankar had with Mike Pompeo during the Quad meeting in Tokyo.

Biegun would focus on US-India Global Strategic Partnership ahead of the 2+2 talks later this year between foreign affairs and defence ministers of the two countries.
The US needs India “standing side by side” for its Indo-Pacific strategy, and wants to make New Delhi a world power, Biegun said earlier this week.
The talks are taking place as India and China ready to start other round talks to resolve the border impasse.
“Chinese Communist party’ territorial aggression is apparent on its Indian border where China has attempted to seize control the line of actual control by force,” US National Security Advisor Robert O’Brien said ahead of the India-China military commanders talks in Ladakh. From here, Biegun goes to Dhaka to carry forward the talks on the Indo-Pacific with Bangladesh.

Farooq pins hope on China

Says its intervention can help in restoring Article 370

Precious Kashmir News
Srinagar Oct 11: Former Jammu and Kashmir Chief Minister Farooq Abdullah on Sunday held the Centre’s decision to abrogate Article 370 responsible for the Chinese aggression at the Line of Actual Control (LAC) in Ladakh.

Talking to India Today TV, Farooq Abdullah said that China “never accepted” the abrogation of Article 370, and hoped that it will be restored with China’s support.

“Whatever they are doing at LAC in Ladakh is all because of the abrogation of Article 370, which they never accepted. I am hopeful that with their support, Article 370 will be restored in J&K,” Farooq Abdullah said.

“I never invited the Chinese President, it was [PM] Modi who not only invited him, but did jhoola sawari with him. He [PM Modi] even took him to Chennai and had food with him,” Farooq Abdullah said.

Further speaking on the Centre’s decision on Jammu and Kashmir, Farooq Abdullah said that “what the government had done on August 5 [in 2019] was unacceptable”.

Farooq Abdullah further said that he was not even allowed to speak on the problems of Jammu and Kashmir in Parliament.

Article 370, combined with Article 35A, accorded Jammu and Kashmir special status under the Constitution of India, allowing it to have a separate constitution and a separate penal code among other legal distinctions.

 

The Parliament had passed two resolutions on August 5 last year. The first rendered Article 370 inoperative in Jammu and Kashmir by applying the power granted under the same Article of the Constitution. The second resolution was for bifurcation of the state of Jammu and Kashmir into two Union Territories — Jammu and Kashmir, and Ladakh.

The special status of Jammu and Kashmir, and its reorganisation came into effect on October 31.

After the abrogation, top Jammu and Kashmir political leaders including Farooq Abdullah, his son and former CM Omar Abdullah and PDP chief and former CM Mehbooba Mufti were put under house arrest. The Abdullahs have been released since.

Currently, India and China are locked in a tense border standoff in Ladakh. Both sides have held a series of high-level diplomatic and military talks to resolve the border row.

850MW Ratle new joint venture project to become reality soon

>LG takes a comprehensive review of various NHPC projects in J&K

>Modalities for expediting the upcoming Pakal Dul, Kiru, Kwar projects finalized

 Issues directions for ensuring completion of ongoing projects within set timelines

Precious Kashmir News
Srinagar, Oct 11: Lieutenant Governor Manoj Sinha took a comprehensive review of the status of various projects of National Hydroelectric Power Corporation (NHPC) in the Union Territory of Jammu and Kashmir in a meeting at the Raj Bhavan here on Sunday.
With the intervention of Lt Governor, modalities have been finalized for the upcoming 850 MW, new joint venture Ratle project which will augment the existing generation capacity in the region. The meeting also decided that the supplementary MOU will be finalized through joint discussions between MOP(GOI), GoJK (JKSPDC) and NHPC.
Threadbare discussions were also held to fast-track the execution of the upcoming Pakal Dul, Kiru, and Kwar projects. Cumulatively, the upcoming power projects will generate 6298MW at the cost of Rs 54593 crores substantially enhancing the generation capacity in the region.
Chairman & Managing Director (CMD), NHPC Limited, AK Singh briefed the Lt Governor regarding the details of commissioned and generation capacity of NHPC’s Power Stations across J&K, besides the present status of the NHPC projects under execution in the UT.
The Lieutenant Governor was briefed about the completed Projects of NHPC in J&K and their generation capacity included – Power Stations- Salal (Stage I & II), MW 690 ; URI-I , MW 480; Dulhasti- MW 390; Sewa II, MW 120; Uri II, MW, 240 and Kishanganga, MW 330; collectively generating 2250 MW.

The Lt Governor issued on-spot directions for completion of ongoing projects and called for better synergy between agencies for making J&K a power surplus region in the country. Remove bottlenecks, if any, hampering the completion of the projects, he added.
Stressing on speedy completion of the projects, the Lt Governor directed the concerned officers for completion of all projects within the set timelines. He also asked the NHPC functionaries to take innovative measures and explore various conventional and non-conventional sources for the development of hydropower sector in Jammu and Kashmir.
The Lt Governor enquired about the CSR works being carried out by the NHPC in the field of Healthcare, Education, Swachh Bharat and Vocational Training. He also sought details of the Direct & Indirect Employment generated through NHPC projects to residents of J&K.
It was also informed that NHPC has played a significant role in Rural Electrification in 5 Districts – Kathua, Udhampur, Jammu, Srinagar, and Budgam.
BVR Subrahmanyam, Chief Secretary; Rohit Kansal, Principal Secretary, Power Development Department; AK Singh, CMD, NHPC; V K Maini, Executive Director, NHPC; Deepak Saigal, GM, Nodal Officer, Ratle; A.K. Choudhary, Managing Director, Chenab Valley Power Projects (CVPPL) and other senior functionaries of NHPC, PDD and CVPPL attended the meeting.