BJP, Kashmir and Article 370

Srinagar, Jan. 30: It is impossible to think of abrogation. It can’t be amended by taking recourse to the usual provision of amendment provided by the Constitution of India, article Zahoor Hussain Bhat in Rissing Kashmir.

At the time of partition of Indian Subcontinent, India was conceived as a federation of States. Upon the creation of the independent Dominion of India, the princely States of the erstwhile British India were offered the choice to join either the Dominion of India or the Dominion of Pakistan.

 A third alternative of remaining independent of the two Dominion was also offered by the Dominion Power. In case of Jammu and Kashmir the Maharaja of Kashmir signed the Instrument of Accession to the Dominion of India. Under this Instrument, he surrendered the jurisdiction of three subjects-Defence, External Affairs and Communications. This action of the Maharaja was endorsed by the premier Political Party of the State, National Conference. The accession of the State thus established and was given legal and constitutional validity and sanction by the incorporation of Article 370 in the Indian constitution which defined the State’s special relationship with India.

The State is yet to recover from 2010 shock that has consumed its economy and lives. Now the BJP desires to set the Valley on fire again. The plan to hoist tricolor at Lal Chowk by BJP Youth Wing Bharatiya Janata Yuva Morcha’s (BJYM) has already started a war of words with separatists, the Chief Minister Omar Abdullah sees it as an unnecessary provocation. Ironically BJYM Chief Anuraj Thakur said, “Tensions were created because of stone pelting incidents. Many soldiers of the country were wounded. Was there no tension then? We are hoisting the flag for national integration. We want Article 370 to go and Jammu and Kashmir to be fully integrated with India.” This clash is nothing but of egos.           

BJP may hoist the tricolor at the historic Lal Chowk but it is impossible to think of abrogation of Article 370. Article 370 can not be abrogated or amended by taking recourse to the amending provisions of the Constitution which apply to all the other states because Article 368 has a proviso that says no constitutional amendment “shall have effect in relation to the State of Jammu and Kashmir” unless applied by order of the President under Article 370. That requires first the concurrence of the State government and subsequent ratification by its Constituent Assembly.

Article 370 of the Constitution is reproduced for the readers;
370. Temporary Provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution.
(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to;
(i) those matters in the Union list and the Concurrent list which, in consultation with the Government of the State, are declared by the President to correspond to matter specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matter with respect to which the Dominion Legislature may make laws for that State;
(ii) such other matters in the said lists, as, with the concurrence of the Government of the State, the President may by order specify.
Explanation: For the purpose of this article, the Government of the State means the person for the time being recognised by the Presidents the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subjects to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of the clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

A careful study of the text reveals six special provisions for Jammu and Kashmir:

First, it exempted the State totally from the provisions of the Constitution of India providing for the governance of the States. It was allowed to have own constitution within the Indian Union.

Second, Parliament’s legislative power over the State was restricted to three subjects defence, external affairs and communications. The President could extend to it other provisions of the Constitution to provide a constitutional framework if they related to the matters specified in the Instrument of Accession. For all this, only “consultation” with the State Government was required since the State had already accepted them in 1947 by the Instrument of Accession.

Third, if other “constitutional” provisions and other Union powers are to be extended to the State of Jammu and Kashmir the prior “concurrence” of the State Government was required.

The fourth feature is that even that concurrence alone did not suffice. It had to be ratified by the State’s Constituent Assembly. This is often overlooked. Article 370 (2) says clearly: “If the concurrence of the Government of the State be given before the constituent assembly for the purpose of framing the Constitution of the State is convened, it shall be place before such Assembly for such decision as it may take thereon.”
The fifth feature is that the State Government’s authority to give the “concurrence” lasts only the State’s Constituent Assembly is “convened”. It is an “interim” power. Once the Constituent Assembly met, the State Government can not give its own “concurrence”. Still less, after the Assembly met ad dispersed. Moreover, the President can not exercise his power to extend the Indian Constitution to Jammu and Kashmir indefinitely. The power has to stop at the point the State’s Constituent Assembly drafted the State’s Constitution and decided finally what additional subjects to confer on the Union and what other provisions of the Constitution of India it should get extended to the State rather than having their counterparts embodied in the State Constitution itself. Once the State’s Constituent Assembly has finalised the scheme and dispersed, the President’s extending powers ended completely.

The sixth special feature the last step in the process, is that Article 370 empowers the President to make an order abrogating or amending it. But for this, also “the recommendation” of the State’s Constituent Assembly “shall be necessary before the President issues such a notification”.Writer can be contacted at:  zahoorbhat786@yahoo.in

Saffron - The most expensive Plant in the world

Saffron is a perennnial , low growing herb with a globular   corm   ranging   from  0.5  to  5cm  in diameter. The corms (Monje/Seed) produce 6-15 narrow, needle like leaves about 10 cm long; surrounded in the lower region by four to five scales. The flowers are borne singly or in two to three. The three stigmas of the flowers along with the style when dried constitute the saffron of commerce. The plant is a native of Iran and Asia Minor. In the former princely state of  Kashmir Vale is a legendry crop of well drained plateau of  Pampore (South Kashmir) where it is being  grown since ancient times. The recorded time of saffron cultivation in Kashmir dates back 550 AD  nearly four centuries earlier than that recorded in Spain. It is rightly called the golden condiment of Kashmir. Saffron also cultavated in Iran, Spain, Baluchistan, Gilgat and now in Afghanistan

COMPOSITION
The average composition of commercial saffron is water ( 15.6 per cent) starch and sugur (13.15 per cent), essential oils  ( 0.6 per cent) fixed oil (5.63 per cent ), total N-Ffree extract (43. 64 per cent), Crude fiber (4.43 per cent), ash (4.27 per cent). The chief pigment of saffron is its yellowish red glycoside crocin, picrocrin is the bitter tasting pigment and it too is glycoside.

USES
Saffron is as precious as gold not because of its high demand and  low production  but because it  is used  in various religious rituals. Hindus use saffron for marking their foreheads, Muslims divine extract in water and write charms with ink thus formed. In Indian market mostly 50-60 per cent of saffron is used in chewing tobacco and for preparing wine. Saffron is used to prepare saffron rice, saffron cakes, wazwaan, tea, cakes, in the preparation of scent and perfumes. It is used for colouring butter, cheese, puddings and confectionary. Like most oriental aromatic herbs saffron is also used in medicinal and culinary reputations. It stops vomiting, expels worms, heels headache and wounds. It is good for hemorrhoids, for removing the discoloration of face and pimples. It is good for epilepsy. Some times it is used in exenthematous diseases to promote eruption. It is popularly supposed to be a stimulant warm and dry in action helping in the alleviation of urinary, digestive and uterine troubles. Paste of saffron is used in dressing bruises, superficial sores, rheumatic and neurological pains and congestion of chest. Passaries of saffron are used in painful complaints of uterus. Dry boiled corms are administered in Ayurvedic and Unani ststem for treatment of gousciatica  and rheumatic pains.

Soil & Climate
Saffron grows well in drained loamy soil. Medium grade, light soil with neutral to slightly alkaline reaction is suited for its cultivation. It prefers very well drained, clay loam soils of karewas of Kashmir. The soils should be deep and free from stones. Saffron thrives well in sub-temperate regions ranging from 1500 meter to 2400 meter.

It requires cool and sunny situation for promising growth. An optimum of 12 hours light duration is essential for growth and flowering. The day temperature should be 20-22  0C  with a difference of 10-12  0C between day and night temperatures. A good shower during August-September facilities flowering and increased yield. Dry weather condition during flowering period is essential for realizing higher yields. In general locations which receive  30-40 cms rainfall and are covered with snow during winter are good for its cultivation. Spring rains are favourable for promoting corm multiplication wherease, a second spell of rains at the beginning of autumn encourages profuse flowering.

Prpoagation
Propgation of the plant is through corms. The plant remains dormant from May-August. The mother corm reproduces annually and gives rise to four to six daughter cormlets. The corms formed during a year produce flowers in the following year. The mother corms provide food to the new developing corms and in doing so wither, shrink and finally die. Now corms develope each year to replace the older once.

Land Preparation and planting
Land preparation starts in March -April. The field is ploughed four to five times to a depth of 30-35 cms.Another  polghing is done in May and fields leveled. Well developed seed corms @1600 to 2000 kg per per hectare should be used after dipping in five percent solution of copper sulphate. The corms should be of 1.5 cms and above in diameter with outermost loose covering cleaned before planting. The corms should be planted in second fortnight of August at a depth of 15-20 cms with a row to row spacing of 15 cms and corm to corm spacing of five to eight cms. After planting divide the field into 2 meters x 4 meters strips by opening 15 deep and 30 cms wide furrows for proper drainage. Saffron can also be planted as an inter crop in newly planted orchards. The superior and less expensive method recommended by Jammu and Kashmir Medicinal Plants Introduction Centre is strip system.

Manures and fertilizers
Mix 15-20 tonnes per hectare of well decomposed FYM during last ploughing. Recent studies have revealed that application of vermicompost @350 kg/hectare has given a yield of 4.88 Kg/hectare.

Varities
Traditional corms used time immemorial is the main cultivar used by the farmers. However research on various genotypes is in the pipeline.One such identified genotype is SMD-45.

Interculture
Keep the planted field undisturbed till the following June. Perform the first hoeing in June using a short handled  tangru locally called (in Kashmie) "ZOUN". This operation provides aeration to the soil which is very important for proper development of Saffron Corms.

Subsequently the second hoeing is done in the month of September along with cleaning and repairing of the drainage channels. Care should be taken not to disturb the growing buds of corms. This hoeing is accompanied by light dressing  of FYM at the rate of two tonnes per hectare. Third and final hoeing is given after the flowering is over and mannure is mixed in the soil with the help of iron  rakes. This schedule of operations is followed every year until the crop remains in the field.

Diseases and pests
Fungal diseases often infect the corms. Fungi like Rhizocotnia crocorum,, Sclerotina bulborum and Phoma Crocophila are reported to infect the corms changing the colour of flesh from white to yellow and finally to black resulting in death of the corms. poor aeration in the soil, injury to corms and hail storms provide ideal conditions for the development of diseases. Discarding can prevent this. Treat healthy corms with five percent copper sulphate solution during planting. Incidence of Gangrane disease (in this, the normal plant which prevents flower formation) is also reported from some fields. Rate and moles causing damage tones of corms every year often damage saffron cro. Zinc phoshide baiting and rat control campaign on watershed basis may be of great help.

Harvesting and processing
The flowering season is confined to three weeks from middle of October to first week of November. The flowers are picked daily in the morning and stigmas and styles are trimmed immediately. About 1,60,000 flowers are hand picked to produce one kg of good quality dried saffron.

Saffron Bulbs/Seeds
Saffron is the only spice that comes from a flower. The flowers themselves are magnificent with a striking purple colour. Add a splash of colour to your flowerbeds or balconies with this splendid flower which blooms in October, thanks to its exceptional flower reversed vegetation cycle. What is more, you can grow and produce your own saffron easily.

Crocus Sativus (Saffron corms) for planting from June to September
Harvest in October-November of the same year!

The corms (size 2/5cm) are available from June to 10 September
however you can reserve them from now on.
Corms are delivered with information of culture
50 Bulbs/Seeds: Rs. 3500/-(For Trail packet)
100 Bulbs: Rs.  6500/-(N/A)
One Kg : Rs. 11500/-(Male/Female)
Five Kg : Rs. 5500/-(MF)
(Minimum Order Quantity 50 Corms/Bulbs)

For more details :
Chenab Industries, Ist Street, Shaheed-e-Azemat Road, Nambalbal, Pampore PPR Jammu and Kashmir 192121
Or
Chenab Industries,PO Box 667 GPO Srinagar SGR Jammu and Kashmir 190001
Ph: 01933-223705
Mob: 09858986794
e-mail: cikashmir@gmail.com, iirc@rediffmail.com 

home: http://chenabindustries.blogspot.com

Why S M Mushrif’s book “Who Killed Karkare?” not discussed in Indian Saffron Media

By Mohd Ziyallah Khan,

To tell a truth in front of a tyrant ruler is the biggest crusade in the sight of Lord. And perhaps, this saying sounds so true to Mr. S M Mushrif (retired IPS officer – former IGP Maharashtra) when he wrote his book ‘Who killed Karkare?’ published a couple of months back. Ironically, despite all the truth he has managed to jot down in his daring work, he couldn’t get the kind of coverage or response in the Media.

The sort of debate or discussion it should spark off in the market sounds missing though, the reasons are obvious, which he himself disclosed in his recent visit to Nagpur on 2nd and 3rd January 2010 in a conference organised by Bahujan Sangarsh Samiti Nagpur Chapter.

He said that 20-25 different journalists from the various big and small media houses – both the print and electronic – which interviewed him on 28th October 2009 at his Pune residence, but nothing really appeared the following day, except in small time newspapers of the city. His work was totally kept under the carpet; nobody really cared to debate or discuss it in public domain, thanks to the kind of pressure the Saffron brigade has created on the media industry. So one can imagine the fear in which they dwell these days. To this point Mushrif added a humor saying, “the saffron elements happen to be the real terrorist, but with my book they seems to be terrorized, so in this way I now call myself a more bigger terrorist than them”.

The most interesting speech in the two-day program of Bahujan Sangarsh Samiti, was in the symposium on ‘Hindu Nation and Bahujan Society’ (Bahujan Society is referred to the non-Brahmin communities, including Muslims, Christians, Sikh, Dalits, OBC’s etc). In his speech, Mr Mushrif said that the real trouble before the anti-national elements (saffron groups) were the true nationalist people like Karkare, Salaskar, Kamte etc, who managed to find the real culprit behind the series of bomb blasts executed in various places including, Malegaon, Nanded and Parbhani etc. The two laptops recovered by Karkare after Sadhvi Pragya’s arrest disclosed, how the Hindu terror network was responsible for the series of bomb blasts carried out, making Muslim innocent youths responsible for the same.

The laptop recovered had ample of information about how the Hindu terror group materialized this anti-national activities using people and groups of different expertise and resource. These groups of men included some high profile industrialists, politicians, media professionals, historians, academicians and so on. This new nexus coming into light was well exposed by our real hero, the ATS Chief, Hemant Karkare. This man made a promise to himself that he will leave no stone unturned to let the world know the truth. However, before he could do this, he was knocked out of this mortal world in a very mysterious fashion during the 26/11 Mumbai attack.

According to Mushrif, the elimination of Karkare was nothing but an innovative way of getting rid of a person who was likely to expose the anti-national elements which is nothing but the saffron brigade. This innovative way is – certainly killing people like Karkare under the shadow of some operation like 26/11, so it was a good team work between the so called Lashkar men and the saffron elements.

According to Mushrif, the IB was well informed about the LeT men hatching a plan to attack the Taj, they had been knowing this fact since 18th November 2008, but unfortunately, they never passed on this information to the Navy or to the Mumbai police, rather they preferred to give it to the coast guard which has nothing to do with the internal security. So it was nothing but efforts done too little too late, failing thus to avert this attack. The IB despite being informed about the movement of the boat carrying the men with lethal weapons remained tongue tied. Earlier the IB was provided with 35 different suspicious cell no’s by the RAW, the same numbers used during those 72 hours of terror in Mumbai, including many ISD calls and only one call made in Mumbai, just before the death of Karkare. In this way Hemant Karkare was killed by the men as per the directions of the saffron elements, while the message went to the masses was, ‘LeT men killed him’.

According to Mushrif, he had found 11 stark contrasting elements in two operations. The Taj-Oberoy-Trident was completely different from the one at Cama and Rangbhavan lanes. How can same people be at two different places at the same time? Also, he came across so many loopholes, in the 26/11 investigation. Sr. IAS officer Rangari told Times of India, Mumbai edition that during the attack at CST, out of 35 CCTV cameras, 16 were shut down at that particular day for no valid reason. The SIM recovered at CST station of the terrorist belonged to a person based at Satara (a city in Maharashtra), the police investigation was intervened in the midst of the due process, and this owner of the SIM was never brought to books. The lady beside the coastal area identified these men who came from boat, and was the eyewitness to the massacre perpetrated at Taj in the broad daylight, but was soon forced to leave for US.

The interesting remark made by Mr. Mushrif at the end of his speech was, that the IB in India is worst than any RSS Shakha, and that if these men who happen to be custodians of our security and who remain hand in glove with the enemies of our society, then its time to stand up for a new revolution.

(The writer is a freelancer and media activist based in Nagpur, can be contacted at writeziya@gmail.com)

Saffron terrorisim in india

Saffron Terrorisim in India

By: Sheikh Gulzaar

Reports that Hindu militants may be involved in bomb attacks first blamed on Islamists may open a Pandora's Box for India's beleaguered security services and become a key voter issue before general elections next year.

At least 10 people, including a serving army officer and a Hindu monk and nun, have been arrested over alleged involvement in blasts in the Muslim-dominated town of Malegaon in Maharashtra that killed four people.

The same Indian army officer is being investigated over a bomb attack in February 2007 that killed 68 people on the Samjhauta Express, a train between Delhi and Lahore, police said. The attack killed mostly Pakistani and Kashmiri passengers.

The reports have proved an embarrassment for the main opposition Hindu nationalist Bharatiya Janata Party (BJP) as it prepares to take on the Congress-led government in both state elections this year and general elections in early 2009.

The BJP has been quick to criticise the Congress-led government for being soft on terrorism when it involves Muslims or Pakistan, but critics say it has been less willing to call for a clampdown on Hindu groups in the face of the latest allegations.

"In the wake of daily arrests of... (Hindu)... terror outfits, the BJP stood exposed," senior Congress leader Veerappa Moily told the Mail Today. "They cannot take a high moral ground."

While Islamists are suspects in many other attacks this year, the spectre of Hindu terrorist groups haunts many in India, which emerged from a traumatic partition in 1947 when hundreds of thousands were killed in religious clashes.

"Given India's diversity, a very delicate balance has been maintained," said security analyst C. Uday Bhaskar.

"If it is punctured, we will have very serious internal disturbances, aggravating the internal security of the country."

While many analysts believe this case could be isolated or limited to a small group, some believe it could signal something deeper and more sinister: a growing militant network that believes Muslims and a secular government are threatening what is basically a Hindu nation.

It is not just Muslims that are the target. In Orissa state, Hindu groups angry at reports of conversions were blamed for attacks on Christians in August and September. At least 38 people were killed.

"The Hindu terrorist ... has been formed to retaliate and they are functioning in the atmosphere of hatred politics which runs deep into the social system," said Amulya Ganguli, a political analyst.

But while an embarrassment, analysts are divided on whether any revelations about Hindu militants will hurt the BJP.

Some see it as an obsession of the chattering classes while millions worry more about inflation, an economic slowdown and a general perception that the government has struggled to bring anyone to justice for bombings, regardless of their religion.

Experts also say quick conclusions cannot be drawn by the arrests. There are reports of inconsistencies in the cases and nothing has been proved.

This is not an open and shut case, going by the record of investigating agencies," Major General Ashok Mehta, a security analyst, said.

As elections approach, the noise is unlikely to die down.

"Terrorism is definitely on the agenda of political parties and with elections round the corner everyone will talk about it," said Bhaskar.