Saghir Ahmed Report would not settle PDP flares what to talk of Seperatists

                                                                       DAYA SAGAR

Five working groups were constituted as decided by Man Mohan Singh in the 2nd multi party Round Table Conference held at Srinagar on 24 and 25 May 2006. Reports of 4 working groups on J&K were presented in the 3rd Round Table Conference with Prime Minister of India Dr Man Mohan Singh in Chair on 24th April 2007 at New Delhi. The First RTC was held on February 25, 2006 .Looking at the requirements of turmoil hit State of J&K the most important of the working groups was the one that included the Center State relations ( Fifth Working Group headed by Rtd Justice Saghir Ahmed with sensitive had on agenda NC’s autonomy, self rule, article 370, issues of refugees and problems of backward areas etc ) . In one of my articles in November 2008 I had stressed the immediate need for the Justice Saghir Ahmed working group to complete its report . At last the much talked pending report of the Working Group headed by Justice S Saghir Ahmad was reportedly presented to JK Chief Minister Omar Abdullah at Jammu on 23 rd December last year. On behalf of Saghir Ahmed Mr. Ajit Kumar Secretary of the working group presented the report .Law & Parliamentary Affairs Minister Ali Mohammad Sagar and the Political Advisor to CM Davider Singh Rana were also present..The WG headed by Justice Saghir Ahmed had last met on September 3, 2007 but could not come up with any report till Dec 2009. In a way this was the only working group that needed priority action keeping in view the J&K affairs as they had shaped after 1990 .This working group had to particularly address to relationship between the Government of J& K and the Government at Delhi ( Union Government ).Kashmiri over ground separatists did not participate in any of the working group meeting as well as the RTC. But still great expectations were there from this Working Group as regards the demands of political parties and individuals who wanted some considerations / resettlements as regards Center State relations (duly holding firmly to the 1947 accession of J & K with Indian dominion ). Although Strengthening Relations Across LoC , Confidence Building Measures across different Segments of Society in J&K, economic development of J&K and ensuring Good Governance too are important but inview of the growing confusions in mind of common man of J&K ( Kashmir Valley in particular ) the terms of reference of the Working Group on Centre State relations matter the most. The report , as presented, is being seen by many as having recommended the Greater Autonomy as proposed by National Conference for Jammu and Kashmir. Some see the Greater Autonomy as return to pre 1953 constitutional position of J&K. Some have seen the report as against interests of Jammu Region and Ladakh Region. But what ever may be the quality of the report , what ever may be reaction of different groups to presentation of the report, one thing is sure that the presentation of the report and reactions to report have brought in some political benefits to goodwill of NC amongst some segments in Kashmir. Valley .Signals have gone that NC has succeeded in securing recommendations in favour of its Greater Autonomy. Where as the contents do not appear to be like that. Does the report carry endorsement of all members of WG, is another question. No any clear recommendations have been made even regarding Autonomy Resolution of JK Assembly / National Conference as well as PDP’s Self Rule. It appears that the “working group” was caught in confusions and a way has been found to just get rid of the noose. So what to talk of successfully working for tackling the over ground separatists , the report would not even pull National Conference out of the sludge. The political WAR of words would continue between NC and PDP. The contents of the Justice Saghir Ahmed report and the manner in which report has been submitted would not do any thing good to settle the confusions . Rather it could be feared that confusions may grow further. The report would not even settle PDP flares , what to talk of separatist flares. Still Govt must make the text of this report ( though not complete ) public in the interest peace in J&K. The prime issues that were before the Working Group could be listed in priority order as ( I ) National Conference party Autonomy Resolution of 1994/ J&K Assembly Resolution on Autonomy of June 2000, (II) JK PDP’s Self Rule Demand, (III) Reorganisation of the State of J&K into State extending over Province of Jammu and that extending over Province of Kashmir, (IV) Union Territory status for Ladakh region and (V) even the voices like home land for Kashmiri Pundits .The other items referred in the report submitted did not have much political implications as regards center state relations.The reference to demands of AUTONOMY has been made in a very vague manner. Rather Justice Saghir report has not been able to even justify what it has been doing for over 42 months at the cost of public exchequer. When would the follow up on recommendations like (i) the question of ‘Autonomy’ and its demand can be examined in the light of the ‘Kashmir Accord’ or in some other manner or on the basis of some other formula as the Prime Minister may deem fit and appropriate so as to restore the ‘Autonomy’ to the extent possible and (ii)the question of appointment of the Governor and dismissal of the popular Government by the Governor may be considered and resolved , is surely a bg question for any wise thinking mind. How funny as per the report no concept paper was provided by JK PDP to Justice Saghi Ahmed on its Self Rule. Mr. M. H. Baig is said to have explained orally the concept of “Self Rule” but its detailed documented aspects were not provided to the Working Group although promised by PDP. The report adds that PDP Self Rule appears to relate to ‘Autonomy’ in a wider context. The report further recommends that PDP proposal requires to be considered by the Central Government if and when approached with documents containing specific proposals of the “Self Rule”. This style of report also confirms that the chapters on 5th Working Group references have been forcedly closed. Strangely the working group could not even obtain the Self Rule Proposals or wait for self rule document from PDP. How could the reference ( even inconclusive ) made regarding Autonomy / Greater Autonomy could serve any workable purpose in the absence of having even examined PDP Self Rule is a question that only Saghir Ahmed can answer. The report would not even settle PDP flares , what to talk of separatist flares. Omar Abdullah is reported to have advised his Law and Parliamentary Affairs Minister to go through the recommendations and prepare an action plan in consultation with Central Government for its implementation. What would the Law Minister do under the circumstances would be a big question. As regards Article 370 report has in a way reproduced the text spirit of the article itself and there is nothing in the report to work with. The report has referred to some more issues that are not particularly center state relations / subjects. Here too the report has disposed the issues in a casual manner . Rather it is the technical text of the issues that has been quoted as final recommendation rather than commenting on the genuineness of the demand. TERM OF JK LEGISLATIVE ASSEMBLY ( “Any change in the term of the Assembly will require political consensus among the various political parties in the State” ), REPRESENTATION/RESERVATION FOR ST, WOMEN IN ASSEMBLY ( “the national pattern may be a good guide subject to political consensus” ), INCREASE IN THE NUMBER OF ASSEMBLY SEATS ( “since the Constitutional provisions do not allow any change upto the year 2026, the present position may be maintained till then”. Where as the working group should have recommended consideration for Constitutional amendment in case it had found the demand to be genuine ), Relief to refugees from West Pakistan ( “State Government may consider providing relief to the Refugees from West Pakistan as permissible under the Constitution. Otherwise an alternative package providing cash relief as one-time settlement be considered” ) and UNDER REPRESENTATION OF JAMMU Region in Legislative Assembly ( “since there is Constitutional constraint to make any changes till the year 2026, as a new Delimitation Commission can be set up only thereafter, the present position may continue”. Inference that can be drawn from such like recommendation is that though undue treatment has been given to areas falling in Jammu region by earlier delimitation commissions , let the ill treatment continue for another min 21 years. In case the Group Chairman did feel that farflung areas of Doda, Udhampur, Rajouri, Kupwara, Kathua need more MLAs the Group could have recommended amendment to 29th Constitutional amendment so that a new Delimitation Commission could be appointed to make the correction). No doubt the working group has made very clear observations as regards. Ladakh Region. The report has said that the Union Territory Status for Ladakh is not recommended but has recommended a separate university for Ladakh for consideration. (Daya Sagar is a social activist and a columnist on Kashmir affairs) Feed back at: dayasagr45@yahoo.com