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| Justice parray's and Busharat Bukhari's recommendations be made public | | FAKE PRCs SCAM | | R.B.SURI
In my article published in this esteemed paper on Fabruary 19 this year, I had pleaded for the outcome/ findings in the probe ordered by the State Government in the past as there was a big question mark but all in vain. This clearly shows that there are certain grave irregularities made by the various Revenue officers in the state which now the top officers at the helm of affairs wan to conceal and they don not want that the same may go in the public domain as far as possible. Very recently another case of a fake PRC certificate has come in the lime light in which a prominent person of the state Swaran Sigh Salaria - it is alleged that he has obtained the fake PRC certificate in the name of an outsider ( non resident of J&K state) and based upon the same and other fraudulent documents, he has acquired the land in Reasi District amounting more than Rs.300 crores.
On detection of the same, the matter has gone to the J&K HHCourt and the matter is subjudice. The Tehsildar Reasi was summoned by the J&K HH Court in person. And the judicial proceedings in the said case are still on over which no comments can be made. Not only this, it has been noticed from this esteemed paper a fortnight ago 22 years before that a one man - Justice Parray Commission was constituted by the State Government to enquire about the issuance of the fake PRCs in favour of the non residents of the state.
It has been learnt that after due deliberations and seeing the records furnished by the State Government to the Commission, Justice Parray had submitted his findings with certain recommendations to the State Government 22 years back for implementation of the same. But it is unfortunate the no governmental official has taken the cognizance of the same and his finding report is eating the dust in Civil Secretriat for the years together up to this date. Justice Parray Commission's recommendations have not been implemented as yet for the reasons known to the State Government. Also the reports formulated by the State Subject Commission in 2011, 2012 and 2013 stand already submitted to the State Government against the fake PRCs holders are hanging in fire but these too have not been implemented as yet. The former Revenue Minister Basharat Bukhari in Mehbooba's Cabinet had also submitted his detailed report with a note from his side in this regard along with his recommendations to the then Chief Minister of the state Mehbooba Mufti too have not been implemented as yet. It is on record that the former Revenue Minister Basharat Bukhari had admitted that he had moved a proposal on June30 , 2016 after getting the nod from the Cabinet to the Chief Minister of the state Mehbooba Mufti for the desired action which include the strict action against the delinquents of the revenue department of the state. As long as Bukhari remained as the Revenue Minister of the state he did not receive the said important file from the Chief Minister's office. This had raised many questions against the working of Mehbooba Mufti as the Chief Minster of the state.
This certainly depicts the failure of the State Government on this important issue. From this all non sense one can draw a conclusive presumption the how poorly we are being governed by the state? 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 FAKE PERMANENT RESIDENT 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 the 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 (outsiders) 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 the land, house or flats 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.
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 High 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 or the court for a on this score.. 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 the nobody can tamper with the same and conceal the facts This is required very much so as to avoid any bad attempt any mischief.
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) for which the verdict is awaited fom the Apex Court.
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 of the state. No mutation can be done by the the revenue officials of the state. But on the name of any tom, dick and harry - the mutations can be done by the revenue department on the fake documents after obtaining the PRCs illegally. While defying the directions given by the Apex Court and J&K High 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. Some cases pertaining to the Article 35A are pending before the Apex Court and their verdicts are awaited. As long as Article 35A is intact as on date, no outsider can have the PRC legally. If he or she obtains the same on the fake documents from the Revenue Department of the state, it is entirely illegal and all the delinquents who issued the same are punishable under the law of the land. Much exercises have been made in the past on this score but all in vain resulting which the delinquents are going scot free in the state. Therefore, in order to keep the record straight, the findings made by the Jusice Parray Commission and Baharat Bhukhari recommendations be made public by the Governor's administration immediately.* |
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