Wednesday, December 11, 2024
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Consequences of reading down Article 370  

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Editor,

Apropos the news headline “NE States should generate revenue” (ST Aug 29, 2019), in a federal arrangement, the Centre cannot deprive the North East of the development funds due to it provided the States in the region judiciously utilise such funds meant for the development of the people of the region. Union Minister Ramdas Athawale has no reason to allay fears of any deprivation for the North Eastern states because constitutionally Article 370 has not been abrogated but remains and exists in the Statute Book. The Government in its innovative way has in fact de-operationalised Article 370 without deleting 370 from the Constitution. Article 370 has been used to amend Article 370 itself. It was a two-stage process. First, Article 370 was used to amend Article 367 and then the amended Article 367 was read back into 370 to amend 370. Finally, this was used to de-operationalise Article 370.

This has now been challenged in the Supreme Court and on Wednesday Aug 28 2019 the Supreme Court decided to examine the legal challenge against the Centre’s decision to read down Article 370, which gave special status to Jammu and Kashmir, and referred the matter to a five-judge constitution bench. The apex court issued notices to the Centre and Jammu and Kashmir administration on a batch of pleas challenging the presidential order by which Article 370 was changed. A bench headed by Chief Justice Ranjan Gogoi was not in agreement with the Centre that there was no need for issuance of notice in the matter as Attorney General K K Venugopal and the Solicitor General were marking their presence in the court. The matter has been referred to a five-judge constitution bench. The bench of Justices S.A. Bobde and S.A. Nazeer while not accepting the arguments said that the issuance of notice will have a “cross-border repercussion “.

No one can predict what will be the outcome of the legal challenge in the Supreme Court but when you have governments with massive majorities, courts stay away from political questions. When there are coalition governments, they assert their power little more and when it comes to their own powers, they jealously guard them. But when it comes to the Constitution and citizen’s liberties the same kind of anxiety is not demonstrated by the courts. So at best the Supreme Court has referred this question to the constitution bench and the matter will be decided after 2- 3 years and by that time it will become redundant.

Yours etc.,

Vijay Agnihotri

Shillong-4

Traffic Woes: Some suggestions

Editor,

I refer to my suggestion about traffic congestion in Shillong put forward through a letter to the editor dated June 8, 2019. I had drawn the attention of the Shillong Traffic Branch on the following points for remedial measures and their consideration.

ZEBRA CROSSING 

 The Zebra Crossing as painted on portions of some roads have faded and need re-painting. A new Zebra Crossing is perhaps needed between the Shillong GPO and State Bank of India, Shillong Branch or the entrance to the Ward’s Lake, near Tourist Taxi Stand, which will not only benefit regular pedestrians but also the tourists from outside Shillong. Some portions of the road at Barik Point also needed repainting as the lines are fading. A Zebra Crossing is also needed between the Meghalaya Secretariat Additional Building and the opposite side of the road  which connects the main Meghalaya Secretariat (below the Sky Way).

POT HOLES

There are pot-holes seen in many parts of the Shillong roads. These holes and pot-holes need urgent repair to avoid accidents. Concerned departments of the Government may kindly arrange identification of the holes/potholes.

MOVEMENT OF VEHICLES

The suggestion given in the Shillong Times dated June 8, 2019 to impose restrictions on the movement of heavy vehicles from Fire Brigade Junction to Jingkieng between 0700 hrs and 1900 hrs, with a with a low height Speed Breaker at the end, joining the main road leading to Nongthymmai has not been given heed to by the Shillong Traffic Branch. Instead a signboard of a Cement Company has been displayed on the side of the wall saying – NO PARKING (opposite to the building of North Eastern Union of Seventh Day Adventist). But in the absence of parking space for cars, they are  all parked on the side of the wall. At least the said Cement Co. could render help to the pedestrians by laying some stone slabs covering to cover the uncovered  drain,  which, if done, will provide little extra space and ease of movement   to pedestrians, including students, office goers and the general public.

ROAD BEAUTIFICATION

In Laitumkhrah Police Point, a beautiful Circle has been constructed in the centre of  the road with provision of 6 nos of lights (lantern shaped) to light up the place at night, but the lights are hardly working. There should not be much problem in managing the lighting system. Inside the Circle, a small garden could perhaps be maintained by any company to give a better look to the place as seen in Khyndailad.

 

ROAD CROSSING IN POLICE BAZAR 

The unsystematic and chaotic road crossing at Police Bazar has to end and the Traffic Branch has to create a crossing for pedestrians. Police Bazar, the nerve centre of Shillong has to look smart and tidy and, therefore, should not be over-crowded due to traffic congestion.

Keeping in view the National Games being organised in Meghalaya in 2022, we should start concentrating on all angles, even if it may look small now, so that the participants representing their States, stay here comfortably, move comfortably and go back taking with them fond memories of Meghalaya.

Yours etc.

  1. Deb,

Shillong-3

 

Zakir Naik controversy

Editor,

There is a major controversy brewing up, which can strain the relationship between Malaysia and India over the extradition issue of Islamic preacher Zakir Naik. Malaysian Prime Minister Mahathir Mohammad said that Modi had not made any such extradition request with him during the meeting in Vladivostok in Russia. However, a quick rebuttal from foreign minister S Jaishankar and other Indian officials was already voiced saying that India had indeed raised the issue of Naik’s extradition during the meeting in Vladivostok between the Malaysian Prime Minister and Prime Minister Modi. I

In a press conference, Jaishankar said that Naik’s extradition issue had indeed come up during Modi’s meeting with Mahathir in Vladivostok. He said that India had placed a request with Malaysia for Naik’s extradition in January.

Naik, a 53-year-old radical television preacher, left India in 2016. He is wanted by Indian authorities since 2016 for his alleged money laundering and inciting extremism through hate speeches. His name had cropped up in the Dhaka blasts, and he subsequently moved to Malaysia, where he was granted permanent residency. Zakir Naik is presently in Malaysia, where he has courted controversy in recent weeks and legal trouble in the past few days. He has permanent residency of Malaysia, which gave him shelter after countries like Britain and Canada denied him visas.

He launched Peace TV English, a Dubai-based channel for the propagation of Islam. Later, he also launched Urdu and Bangla versions of Peace TV, which has been banned in many countries over allegations of hate campaign.

 Yours etc.,

TK Nandanan,

Via email

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