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All actions of security forces are the Chief Minister's actions
8/15/2010 12:15:23 AM
EARLY TIMES REPORT
JAMMU, Aug 14: Two Delhi-based private news channels on Friday reported that Chief Minister Omar Abdullah had expressed unhappiness over the four killings on the same day during the police-crowd clashes at Bommai in Sopore, Trehgam and Pattan. These channels also reported that the complaint of the Chief Minister was that the decisions taken at the Unified Headquarters meetings, which are chaired by the Chief Minister himself, are not implemented on the ground. The Chief Minister has, it needs to be noted, repeatedly directed the police officials to exercise maximum possible restraint while dealing the "protestors" (read unruly mobs who indulge in arson, attack public property and symbols of the state, including police stations, and confront security forces to cause bloodshed.) One of the two news channels even went to the extent of asserting that the Chief Minister "cancelled the Unified Headquarters meeting", scheduled to be held on Friday evening, "in protest against the latest killings."
The Information Department immediately denied these reports and stated that the meeting could not take place because of the "engagement of the senior police and paramilitary officers in the law and order duties in the field". Besides, the Information Department's handout said that the meeting of the Unified Headquarters would now be held "tomorrow" (Saturday). It appears that something must have in between conspired between the Chief Minister and the alarmed authorities in New Delhi. The Information Department's quick intervention, obviously at the behest of the Chief Minister, needs to be viewed in this context. For, what the news channels reported was an extraordinary development. A Chief Minister of the militant-infested state reportedly taking such a line was indeed something extraordinary in the sense that it virtually amounted to a sort of revolt against India.
The Information Department may say anything in order to control the damage caused by the report about the Chief Minister's reported unhappiness over the four killings in Kashmir and the circumstances under the scheduled meeting was postponed or cancelled, but a message has gone that the Chief Minister is out to take to task the security forces/police and that he is extremely angry because the decisions taken by the Unified Headquarters under his chairmanship are not been implemented.
Whatever the truth, the fact remains that the damage has been done. Some keen Kashmir-watchers opine that the Chief Minister, who has miserably failed to control the situation in Kashmir, is contemplating some major political move to salvage his position.
Anyway, can the Chief Minister, who also holds the all-powerful home portfolio, decry the role of the police and security forces? Or, can the Chief Minister think in terms of initiating legal proceedings against those involved in anti-insurgency operations? The answer should be no. Both the Central government and the State Government are constitutionally bound to defend the unity and integrity of India and bring to justice those who attack the institution of the State or who indulge in anti-State activities designed to dismember India and cause disaffection among the people. The Indian constitution regime unambiguously requires the men manning the executive, legislative and judicial positions to invoke all the available constitutional provisions in order to maintain public order, protect the life and property of the people and defend and promote further the country's paramount sovereign interests.
Jammu and Kashmir has been witnessing disturbing developments since June 11, 2010, which have all the ingredients of jeopardizing the paramount national interests in the state as well as the potential of subverting the very institution of the Indian State. Kashmir has witnessed the rise of stone pelting force and there are official statements, including the statements issued by the executive head of the state, called Chief Minister, from time to time that behind the rise of the stone throwers in Kashmir was certain leaders of the main opposition People's Democratic Party, certain "vested interests' and forces from across the border. He made such statements in the state and before the leading private TV channels, including NDTV 24X7 and CNN-IBN. He had, in addition, warned the stone-pelting Kashmiri youth to behave or face the consequences. His public assertion that certain leaders belonging to the PDP were, besides other "vested interests" and forces from across the border, were behind the rise of stone throwers became the prime reason behind the outright refusal of the PDP leadership to take part in the all-party meeting, organized by none other the head of the government in the state at Srinagar on July 12, 2010 to discuss ways and means that could help his government restore peace and normality in the turbulent Kashmir Valley.
The executive head of the state, who besides being the Chief Minister, also holds the vital Home portfolio and presides over the meetings of the Unified Command as its chairman, had even on occasions more than one publicly stated that money had changed hands between the instigators of violence and those guiding and directing the stone throwers. The Chief Minister, who also holds the Home portfolio, has under him several agencies that keep him updated constantly about who is who, who is doing what and what is the fall-out. He controls the State police, which acts on his behalf and as per his instructions based on the prevailing situation to maintain law and order, and, hence, the police actions are his actions, whatever their nature. He is head of the government and it is only he and his tools, including the police force, which know where things have gone wrong and what remedial measures are needed to put things back on the track. He is the ultimate judge and the chief determinant.
The chief executive head of Jammu and Kashmir is all-powerful. As mentioned earlier, he presides over the crucial meetings of the Unified Command comprising high-ranking officials belonging to the Army, the paramilitary forces, including the CRPF and the BSF, the state police, Intelligence Bureau, the state intelligence agencies and so. It is in these meetings, which are held at regular intervals to review the situation and consider ways and means calculated to thwart threats to internal security and external security, that all the decisions are taken regarding deployment or redeployment of the Army, the paramilitary forces and the state police. Since the head of the Jammu and Kashmir Government presides over the Unified Command meetings, he is party to all the decisions that are taken to tackle the situation within the state, as also on the borders and the Actual Line of Control. Hence, whatever the Army, the paramilitary forces and the State police do to contain the situation, they do so on behalf of the executive head of the state. There is nothing whatsoever and there is not a single instance that even remotely suggests that the executive head of the state as chairman of the Unified Command has ever contradicted any of the decisions taken by the Unified Command.
To be more exact and definite, all the actions taken by the Army, the paramilitary forces and the state police are the actions of the head of the government in the state, as also of the chairman of the Unified Command. Hence, the Chief Minister has no moral and political right to criticize actions of the security forces, which are fighting splendidly against the subversives. It is hoped that none in his government would make any statement that has the potential of demoralizing the security forces and damaging the national cause in Kashmir.
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