Probe on fake permanent residence certificates (PRCs) - Early Times Newspaper Jammu Kashmir

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Probe on fake permanent residence certificates (PRCs)

QUESTION MARK

R.B. Suri

2/22/2019 10:44:12 PM

Time and again, a demand had been raised by the many opposition parties besides the number of NGOs operating in this country about the issuance of the PERMANENT RESIDENCE CERTIFICATES (PRCs) to the people from the other parts of the country. Not only this, J&K HH Court has also intervened over the issue involved but without any results due to which the various Deputy Commissioners in the state of Jammu and Kashmir are still are not adhering to the various stipulations mentioned therein the statute. There is a big question mark over the issuance of the "PRC Fake Certificates" by the State Administration to the people of the other parts of the country who are not eligible to get the same. This practice is going on in the state since long. Huge water has flown with passage of the time but this bad practice is still going on. It has been observed that the subjects of the land face many difficulties in getting the same from the State administration and they are to run from the pillar to the post but on the contrary, it is alleged that people from the other parts of the country being not eligible for the same, they procure the same without any difficulty as they adopt the underhand means (bribing) the revenue officials of the state. Over the years after adopting the under hand means, they have purchased the big chunk of the land and houses or flats in their names in our state. It is free for all as whosoever want the same, they get it against the lucrative amounts. In support of this alleged practice, the writer has the number of names of the people who got the "PRC Fake Certificates" from the revenue authorities on the basis of the fake documents. It is very strange that the wards of the holders of the fake PRCs have made the in roots in the State administration and got themselves appointed in the governmental services and have reached on the superior posts and even a large number of them have retired after serving in the government services for more than 30 years or so. It is pertinent to mention that the holders of the fake PRCs are indulging in the sale and purchase of the land, plots and the flats acquired illegally also. There is a dire need for curbing this malpractice immediately. When our former Chief Minister everybody knows, was constructing his palace in Bathandi Jammu, he and his aids came in contact with a big business firm which is owned by an outsider as the owner, purchased the goods and the materials in huge quantity costing lakhs of rupees on credit and utilized and consumed the same in building his palace at Bathandi Jammu. It was alleged then and also came in the print media that when the owners of the said firm had demanded the payment of the building material and the goods supplied to the former Chief Minister who was the ruler of the time asked the owners of the firm for showing him the PRCs resulting which the owners of the firm got afraid and did not insist for the payment. This fact is known to every one in the state. It is also worth mentioning that many a cloth merchant's agencies/Pharmaceutical and surgical companies operating in Jammu city are owned by the outsiders with the fake PRCs and they have acquired properties upon their names and still carrying on their business in the state and even their off springs have also got the fake PRCs in their favour and are earning a lot from their business. They are not afraid of any action by the State administration. They are very happy and passing their lives luxuraly.
Some people applied for the list of such fake certificates issued from time to time thereby filing the various RTIs in various fora but they are denied for the same.
Not only this, The J&K HH Court also directed the State Government for providing them the list of those persons who got the fake PRCs by adopting the illegal means - bribe or the corruption but all in vain. The Deputy Commissioners of the various Districts never complied with the directions given by the government.
The Governor of J&K Satya Pal Malik had also imparted the strict instructions to the administration on this score but have not have yielded the results so far. It looks mischievous on the part of the Deputy Commissioners of the Districts who never complied with the serious directions into the matter. This esteemed paper being the voice of Jammu also raised certain queries and brought out the facts in the public domain from time to time. Certainly this is very serious matter indeed.The people of the state want the real facts about the issues involved at the earliest but the State Government is keeping mum and is concealing the facts.
Final electoral roll was of the year 1951 is the original one based upon which the PRCs are issued in the state to the original state subjects of the land. The revenue authorizes of J&K always insist for the same while issuing the PRC to the applicants. To save the situation to go out of the hands of the State administration, the investigating agencies of the J&K Government should immediately seal the final electoral roll-1951 and a copy of the same be retained by the revenue department so that nobody can tamper with the same and conceal the facts. This is required very much so as to avoid any bad attempt and any mischief by the revenue official of the state.
A large number of people after crossing from the POJK may have obtained the PRCs from the revenue department in the valley. Also there are reports that the women from the POJK married to the males of the subjects of this land are insisting the State administration for the citizenship rights to them as reported by this esteemed paper many a times in the past.
Article 35A of the Indian Constitution gives the special rights and privileges to the residents of Jammu and Kashmir. It was added to the Indian Constitution by a Presidential order in 1954 and was extended to J&K through the Constitution (Application to J&K Order issued by the President Dr. Rajender Prashad on May 14 1954) On this particular Article of the Indian Constitution, four petitions are pending before the Supreme Court of India ( Apex Court) . The petitions are :-
1.One petition filed by Labha Ram Gandhi, President of WP Refugees Association
2. Second petition filed by One NGO , We the Citizens
3.Third petition filed by Charu Wali Khanna and
4. Fourth petition filed by Dr. Seema Razdan
The issue of Article 35 A is of paramount importance as the applicability of this Article debars the Indian citizens residing outside the state of Jammu and Kashmir for acquiring the land in the state. This is a sort of curb on their fundamental right to acquire the immoveable property in the length and breadth of the country. J&K state has the novel position which is bound to create a wide gap between the citizens of J&K state (who are also the citizens of India i.e. double citizenship) and others residing across the nation. Article 35A even debars the President of the nation from acquiring even an inch of the land in the state of Jammu and Kashmir and even denies the children of the daughters of the state married women to the non state subject of all the citizenship rights in the state. It looks very strange that when the President of the nation who is the Supremo of the Indian Forces- Army, Navy and Air forces ( India being the seventh super power in this World) can't acquire the property in the state then why the outsiders other than the President are getting the PRCs clandestinely from the revenue department of the state. Not only this, many a GOI institutions / departments are operating in J&K and they can't purchase the land in the state. They get the land on the lease deed only for their operations in J&K. No mutation of the land can be done in the name of the President of India legally in view of the strict law of the land but on the name of any tom, dick and harry- the mutations can be done by the revenue department on the fake documents while obtaining the PRCs illegally. While defying the directions given by the Apex Court and J&K HH Court from time to time, the revenue department of the state is issuing these fake PRCs to the non eligible people against the huge bribes under hand on this score. It has been learnt that even the various RTIs filed by certain persons have not yielded any positive results and the matter is open and free for all which need to be plucked immediately.
At the end, I am compelled to write that only the God can save the situation to go out of hands as there is a big Question Mark on the issue involved which is grave in nature.

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