Terror violence in Kashmir: Tit-for-tat is the answer

Recently, on May 12, a clerk in the government office, Rahul Bhatt was shot dead in his office by some terrorists. His is the 15th killing since August 2021. The reason for all these gruesome murders is that the victims were Hindus! Still worse, Rahul Bhatt was staying at a locality specially earmarked for the re-habilitation of Kashmiri pandits.

The sponsors and supporters of the Islamic terrorist groups by whatever names they are known, have kept their mouths shut; which is nothing but a sort of tacit approval. On the other hand, saffron government of the day, seems to have been caught in the vortex of to be or not to be. The dilemma of the central leaders is quite understandable since it can ill-afford to displease its vast Hindu voters' base on the one hand, while it is nothing but a political compulsion to indulge in the appeasement of the so called, misguided youth of Kashmir valley.

Indeed, in the name of providing succour to 'the unfortunate, poor, educated, innocent, misguided youths' of Kashmir, hardly numbering a few thousands in all, the present and former governments at the Centre have with blissful ignorance, showered tons of money collected from the honest, nationalist, hard-working tax payers of the rest of India. The largesse granted to Jammu & Kashmir at times exceeded the total annual budget outlay for the largest State with brimming about 25 crore population of Uttar Pradesh.

Further, ever since the abrogation of Articles 370 and 35 A of the Constitution, there has been literally a 'flood' of such monetary gift to the Kashmiri people. One fails to understand, how a narrative like 'Kashmiri' suits to a legally acceded territory of India. Instead of describing the people of Kashmiri, why not the government and of course, the media, just call them 'Indians'. In fact, the so called Kashmiris are a blot to a beautiful region, called Kashmir because most of them are either hardcore terrorists and Jihadis or their supporters and sympathisers. In the latter category people like Abdullahs, Mahbooba Mufti and those who have married off their daughters to local as well as Pakistan sponsored terrorists are included.

In other words, the ground reality in Kashmir is that no one buys the government's theory of normalcy, peace and harmony. Article 370 or no 370, it does not make any difference to the hardcore fanatics who are neither innocent nor misguided but on the other hand, highly indoctrinated, brain washed and fully motivated by the anti-national religious and political leaders at home and out of home. Obviously, in such a situation it would be wrong to think that tons of money, appeasement policy and pampering and cajoling would buy loyalty, patriotism and adherence to law of the land from such dreaded elements.

On the other hand, such elements should in general, be held responsible for the genocide of Hindus and waging war against India. Instead of offering bouquets and freebies with bundles of currency notes, entire population pf Kashmir valley should be punished severally for indulging in the acts of terror, killings of Hindus, harbouring, sheltering, financing and providing logistical support including arms to the terrorists and Jihadis. Further, there should be 'an all-out' military operation with the help of para-military and police forces in Jammu & Kashmir to flush out such violent anti-national elements and sanitise these regions at regular intervals. In short,' terror' needs to be confronted with 'extreme terror' if real peace in Jammu & Kashmir is desired.

Let the wisdom dawn on our elected rulers; let them not long for the honours and awards from foreigners; let them not be cowed down by the inane threats from Jihadis in Kashmir as well as elsewhere and let them follow the path of ensuring peace at any cost in Jammu & Kashmir and send out a clear and loud message to the world that India has switched over to the policy of zero tolerance in so far law and order and border security of the country are concerned.

SC ELABORATES ON DEATH SENTENCE

Referring to Shankar Kishanrao Khade Vs State of Maharashtra (2913) 5 SCC 546, a Supreme Court bench comprising Justice A M Khanwilkar , Justice Dinesh Maheswari and Justice C T Ravi Kumar modified the order of the Madhya Pradesh High Court and commuted the death sentence to life imprisonment extending to 30 years without remission/early release.

The apex court dealing with the criminal appeal in Veerendra Vs State of Madhya Pradesh observed that un death penalty cases, apart from the 'rarest of rare' test, the courts are required to apply 'crime test', meaning aggravating circumstances and 'criminal test', meaning mitigating circumstances. Finding fault with the lower court, the bench stated that proper attention was not given to the tests enunciated by the apex court. It stated, the brutal and heinous nature of the crime is no doubt aggravating circumstance, but mitigating circumstances like, the appellant had no criminal antecedents; he hails from a poor socio-economic background; his unblemished conduct inside the jail; he was 25 years old at the time of offence, cannot be ignored.

WRIT JURISDICTION INVOKED IN A CHILD CUSTODY MATTER

Exercising its extraordinary writ jurisdiction under Article 226 of the Constitution, the Gujarat High Court granted custody of a 4-year old boy to the petitioner mother.

The division bench comprising Justice Sonia Gokani and Justice Mauna M. Bhatt pronouncing the Judgment in Panchal Zalakaben Hardikbhai D/o Sanjabhai Bhagubhai Panchal Vs State of Gujarat also took note of the unruly behaviour of the respondent and suspended his visitation rights for six months.

Referring to the case of Yashita Sahu Vs State of Rajasthan, 2020 AIJEL-SC 65636 where it was held that while deciding the welfare of the child it is not the view of one spouse alone which has to be taken into consideration and reiterated that the courts should decide the issue of custody only on the basis of what is in the best interest of the child.

BOOK RELEASE FUNCTION

The book entitled, The Gender Justice, Human Rights And P.C & P.N. D.T Act, 1994- Critical Appraisal of Statutory And Judicial Perspectives, written by Dr Uday Praksh Warunjikar will be released by Justice Bhushan R Gavai and Justice Abhay S Oka and Justice Ravindra C. Chavan (Retd), Judges of the Supreme Court of India on May 17 at a function in New Delhi.

The event to be jointly organised by the Bar Council of Maharashtra & Goa and Warunjikar Institute of Rule of Law will be attended by a host of dignitaries including Dr Bharati P Pawar, Union Minister of State and Mannan Kumar Mishra, Chairman, Bar Council of India. Dr Warunjikar is a practising lawyer and Vice President of the Bar Association of India (BAI).