No innocent person has been dismissed from service: LG

Jammu, Aug 19: Lieutenant Governor Manoj Sinha has stated that the Election Commission of India (ECI) will take a call about the (schedule of) conduct of assembly elections in J&K after the publication of the final electoral roll and then statehood will be granted at “an appropriate time.”

He has asserted that none should have any doubt, whatsoever, on this account as a commitment, in this connection, has been made by the Union Home Minister on the floor of the Parliament.

   

He made these remarks in an interview to BBC Hindi.

ON SCHEDULE OF ASSEMBLY ELECTIONS

Responding to a poser as to when assembly elections would be held in J&K, the Lieutenant Governor came out with a lucid reply.

“I feel that we don’t need any lessons in democracy from anyone. Democracy does not mean only that assembly elections should be conducted. It does not restrict only to the conduct of assembly elections anywhere. Over 30,000 elected representatives themselves identify and approve public welfare schemes and projects worth Rs 22,000 Cr and development works get executed, that is also the essence of democracy. The areas, which used to have eight percent voter turnout in the past, witnessed an overwhelming participation by women, elders and youth in the electoral exercise thus taking the voting percentage to as high as over eighty percent- that is also part of democracy. They too are elected representatives comprising Members of Parliament, Panchs, Sarpanchs, BDC members, chairpersons and DDCs,” he said.

“As far as assembly elections are concerned, for a specific reason, the Union Home Minister, while responding to debate in the Parliament, had very clearly mentioned the sequence that first of all there would be delimitation. It would be followed by elections and then statehood, at an appropriate time,” he reminded the statement of the Union Home Minister.

Sinha said that the delimitation process had been completed.

“Now elections will be held. You know that our country is governed by its constitution. So who will conduct the elections? It will be the Election Commission of India, which is a constitutional body. Now the question is- which electoral roll will form the basis of conduct of elections? Will it be held on the basis of an old electoral roll framed and revised five to seven years ago? A child, who was then eleven years old or likewise, has now grown to be an adult- eligible to cast a vote. Do all the champions of democracy in the country want to disenfranchise such youngsters? Do they want to deprive such people (now qualifying to be electors) of their right to vote? Presently, the pre-Special Summary Revision aimed at updating electoral roll is underway as has been detailed by the Election Commission. You would have read about the statements of the constitutional body in this connection. They have notified a schedule also for the completion of this exercise,” he explained.

“Once the final electoral roll is ready (published), the Election Commission will take a call about the conduct of elections. The Union Home Minister has made a commitment on the floor of the Parliament on this account and this cannot be taken lightly. Hence none should have any doubts about it (conduct of assembly elections). None needs to think otherwise on this issue,” LG Sinha asserted.

RESTORATION OF STATEHOOD AT AN APPROPRIATE TIME

As a direct representative of the central government in his capacity as the Head of the UT administration, how he would visualise the possibility and prospects of restoration of statehood to J&K in terms of timeframe, in response to this question, LG Sinha reiterated the commitment of the Union Home Minister.

“I’ve already responded (to the query) that the Union Home Minister has made a commitment on this account in the Indian Parliament. He has very clearly given the sequence i.e., first delimitation, second (process will be) assembly elections and third – statehood at an appropriate time. Let the appropriate time come..,” he said.

But when would be that “appropriate time- next year or next to that….” was the next query from the interviewer and it got a terse reply from the Lieutenant Governor.

“You are a seasoned journalist. You are getting it properly. Aap Kuch Bhi Soch Sakte Hain (You are free to assume or presume whatever you wish). Whenever it is appropriate, it will be done,” LG Sinha said.

NO INNOCENT PERSON DISMISSED FROM GOVT SERVICE

With regard to a question about the action taken against even the relatives (in their capacity as government employees) of those involved in terror acts, as it happened recently and Peoples Conference supremo Sajad Lone’s reaction on these developments describing it as an “unjust act” equivalent to the one punishing innocent for the follies of others, LG Sinha refused to enter into a verbal duel with the latter (Lone) on this issue.

“See, I don’t have to act on any person’s statement. I don’t have to act against the relatives of the terrorists if they (relatives) get a government job or are already into it (government service). Indian Constitution’s Article 311 bestows upon me this right, on behalf of the President of India, to exercise and dismiss those, who endanger the security of the nation, without issuing any show cause notice to them,” he said.

“Let me be very clear on this subject that those, who have been dismissed from service, have been involved in anti-national activities. There have been ample evidences against them for their involvement in criminal, terrorist acts and other related incidents. There have been different kinds of charges against them in such incidents, hence action has been taken. No innocent person has been dismissed from the service. Only those guilty have been sacked and even in future also, such persons will be terminated,” he said.

LG’s reference was to the sub clause (c) of the proviso to clause (2) of Article 311 of the Constitution of India. This sub clause provides that in the interest of the security of the state, it is not expedient to hold inquiry before the removal or dismissal of a civil servant, if the President or Governor, as the case may be, is satisfied. Invoking this Article, in the last one year or so, over two dozen J&K government employees have been dismissed from service for “their terror links or antinational activities.”

MIRWAIZ NEITHER LOCKED UP NOR UNDER HOUSE ARREST

When asked about the allegations of people about “prevailing reign of terror and illegal detention or locking up of their near and dear ones including the political leaders,”, the Lieutenant Governor asserted that only criminals or those involved in terror acts or associated with such incidents were in jails and no political person, social activist or religious leader was under detention or behind bars.

“I’m saying it with a full sense of responsibility that no political person is presently under detention or in the lock-up. However if someone is associated with terrorist activities or will get involved in terror acts and pose a threat to the integrity and sovereignty of the country, then for such criminals, only jail is an appropriate place and they will have to remain in jails. However, no political, social activist or religious leader has been put in lock-up,” Sinha said.

But the persons close to Mirwaiz Umar Farooq and he, himself, claimed that they were not even aware about the charges levelled against him for putting him under detention for so long.

Confronted with this question, LG Sinha asserted, “Let me amend it (your statement). Even in 2019, Public Safety Act (PSA) was not invoked against him (Mirwaiz). And he has not been detained or locked up. On this account, you would need to revisit the past when his father too was killed in unfortunate circumstances. We keep police personnel around him so that he remains secure. Security drill around him is to ensure his security. Now he (Mirwaiz) has to decide what he wants to do. From our side, he is neither detained nor locked up.”

Did he want to convey that there was no restriction in place against Mirwaiz on the part of the UT administration?

His reply to this question was again terse. “Yes, there is no restriction from our side and this I’m asserting with a great sense of responsibility. He is free to go anywhere he wishes to.”

Yet at the same time, he hastened to add, “I did tell you that his father met with a tragedy in the past. We don’t want the recurrence of that tragedy with him (Mirwaiz). Here those, who tried to sail in two boats at the same time, suffered a lot. Those, who resorted to the policy of double-speak to enjoy the best of both the worlds-(Baat Bhi Kartey Rahein Wahan Se Aur Zaroorat Padey To yahan Ka Bhi Laabh Lein – they were in dialogue with them (other side) also and if the need arose, they tried to take full benefits here from this side also). Such people have to pay a price, they’ve suffered.”

But what if he (Mirwaiz) wanted to move outside and he was restrained in the name of security, would it not be described as “house arrest or detention” by him.

When asked, LG Sinha asserted, “No, he has not been restrained anywhere. But yes, if some untoward incident will happen with him, as it occurred in the past in two particular cases… I don’t want to name the persons. Terrorists killed them at the behest of Pakistan but ISI spread the propaganda that the Government of India or its agencies got them assassinated. So to prevent that there is no recurrence of such a nefarious act or attempt; we have deployed police personnel around his house but not inside the house. We have directed the police personnel to remain deployed in the surrounding areas of his house and be on alert mode always so that if he moves out, there should be adequate security to prevent any untoward happening. But his movement should not be restrained.”

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