Towards lawlessness

Disturbing signs of lawlessness bordering on anarchy are discernible in the State today. It needs courage and objectivity to bring these to the notice of general public to make them conscious of what sort of helplessness has plagued the Government in certain serious matters. One is inclined to say that an alternative source of power in the making is influential enough to challenge the authority of the state and its constitutional government, or at least make it dysfunctional in some key sectors. Impression gathered by pragmatic but insightful observers is that the fallout of two decades of militancy in the State has made a dent in the concept of the authority of the state since the state has been reduced to a client status subservient to the nexuses and mafias formulated by a combine of political bigwigs, senior bureaucrats, police and revenue officials all working in tandem to promote self interest and self – aggrandizement. Efforts of RTI activists or mediapersons making any serious bid to unearth cases of general loot, predominantly the land grabbing, immediately result in the offenders forging a strong unholy alliance and using their political clout for a stratagem that leaves them untouched and unscathed.
At a number of times, the case of illegal land grabbing and activities of land mafia were brought to light in these columns. But it appears that our polity is inclined to legitimize the worst possible damage to the integrity of the State. In such circumstances the State loses the trust of its constituent society. The fact is that two-decade long militancy has been misused by certain sections of society to embark on a widespread theft, corruption, loot and vandalizing of public property— all that with impunity. According to official admission, Department of Evacuees Property has around 14.70 Lakh Kanals of custodian land in J&K. Out of this around 1.70 lakh Kanals continue to be under illegal occupation of land grabbers including Government agencies like security forces. The loot is perpetrated on forest or state lands; the lands encroached upon and grabbed by powerful people include thousands of square miles of forest estates, nazool, kahcharai and khuds and banjars in ‘gair mumkina’ category of Revenue Department as well as the lands acquired by the Government from landlords for public purpose. Sidhra, Sujwan, Sainik Colony, Bhathindi, besides a vast agriculture-horticulture belt from Roop Nagar to Marh and Akhnoor, are naked examples of land grabbing and encroachment in Jammu. This has given rise to a very affluent class that has now developed all contours of a capitalist society by multiplying their properties in the shape of farm estates, banquet complexes, educational establishments and luxurious palaces without an eyebrow being raised by State Vigilance Organization or the Income Tax authorities. Out of lust for money, many of them with the connivance of authorities have established brick kilns thus polluting the air and causing health problem to the people living in the vicinity as these have been raised close to city peripheries. How come during the Congress-PDP regime a big chunk of land was, allegedly grabbed by front men of a mediaperson in the backyard of University of Jammu, was not only ‘purchased’ by JDA at an exorbitant price but two Vice Chairmen, both IAS officers, were also publicly humiliated for their resistance by then Minister incharge Housing & Urban Development. Courts, commissions and tribunals have their own system of establishing charges but every single ordinary human in J&K is well aware of the modus operandi adopted invariably by the real beneficiaries and land grabbers—safeguarding occupation by front men, relatives, friends and business partners.
Few years later, when an IFS officer, who was wife of then DC Jammu, asserted as DFO of the area and launched an operation to clear out vast chunks of forest land grabbed by illegal settlers, she was removed and shifted to a different posting within a couple of days.
Land grabbing in the valley and especially in the vicinities of Srinagar city is no less horrifying. Reports indicate that thousands of Kanals of forest and revenue land has been grabbed, not only in the brazenly denuded areas of Shopian on Mughal Road but also in the heart and periphery of the summer Capital. According to a complaint under investigation of J&K Police, a group of highly connected businessmen, politicians and lawyers, has spent huge amount of money among stone pelters of uptown to ensure turbulence and resultant curfew for a full month in July-August of 2010. Under the cover of turmoil and curfew, this group succeeded in acquisition of over 10 Kanals of land, belonging to a minority religious trust, demolished a small temple which finds mention even in Rajatrangini and uprooted four massive and green Chinar trees during curfew days to clear the chunk of land for construction of an Rs 100 Crore commercial complex.  Yet another classical example of the state’s helplessness or collusion comes from Humhama area. One of the powerful Ministers has allegedly grabbed land measuring over 10 Kanals of notified land outside the entrance of the most sensitive Srinagar Airport and built a palatial house. Governor, Chief Minister, Chief Justice and Chairman of State Accountability Commission do view it every time they fly in or out of Srinagar. Over 300 Kanals of state land have been grabbed at Sheikhpora village and more than 1,000 Kanals in the nearby Narkara Numbal. Rather than initiating any action towards recovery, Government officials have regularized or attempted to regularize some of these occupations fraudulently under so-called Roshni Act.
In a complaint submitted to the Chief Justice of Supreme Court last year, details were given as to how even a former High Court judge allegedly manipulated land grabbing and encroachment in a posh colony in Humhama area and raised a cluster of residential and commercial structures on it in gross violation of laws. Half a dozen of the relatives of the seller, according to complaint, have been simultaneously appointed through backdoor in different courts of Budgam and Srinagar districts.
These incidents of braze and broad-day loot of state property by political powerful and highly connected people is a clear siren of lawlessness and anarchy threatening this state. The Government cannot run away under the pretext of helplessness. A helpless government is a failed Government. And whenever the government wishes, it can and does come down with a heavy hand. For any upright and honest government, for any government dedicated to uphold the rule of law, no person or institution howsoever powerful and aggressive can escape the clutches of law. The question is of will to implement the law and the will to give the people good governance. And if the Government succumbs to these mafias, this is simple and straight anarchy. In anarchy the masses take the law in their hand and then dictate terms. We shudder to think of such a situation. The land mafia has become as powerful as to decide whether the summer should be peaceful or whether disturbance and turmoil should overtake the state that is already under heavy financial and administrative strain. Our advice to the government is that revolutionary measures should be taken forthwith to save the state from slipping down the brink of disaster.