Supreme Court advice to Centre, Valley protesters: Take two steps back, talk

A bench led by Chief Justice of India J S Khehar also remarked that it would be appropriate if “both sides take two steps back” and “address core issues”.

Written by Utkarsh Anand | New Delhi | Updated: April 29, 2017 8:13 am
Supreme Court, kashmir, kashmir unrest, kashmir protest, valley protest, stone pelting, kahsmir school closed, j s khehar, J&K Bar Association, indian express news, india news The Supreme Court. (File Photo)

The Supreme Court Friday observed that peace will perhaps remain elusive in the Kashmir Valley if issues of “secession” are raised while stones are pelted, and schools and colleges remain shut.

A bench led by Chief Justice of India J S Khehar also remarked that it would be appropriate if “both sides take two steps back” and “address core issues”.

“If you keep throwing stones, and close schools and colleges, how will talks happen? You first talk. But if you are suggesting secession, nothing will happen. Talks have to be within the framework of the Constitution,” remarked the bench, also comprising Justices D Y Chandrachud and S K Kaul.

The bench said that “one cannot clap without both hands” and that it could issue some orders, including suspension of use of pellet guns by the armed forces, if the J&K Bar Association could make sure there would not be any violent protests nor would harm be caused to anyone through stone-pelting.

The court asked the Bar Association to take “one positive step” to defuse the crisis. “The students must return to schools and colleges as education can empower them,” observed the bench.

Meanwhile, Attorney General Mukul Rohatgi ruled out any dialogue between the central government and separatists raising issues of “Azadi” and “accession” in the Valley.

He submitted that the government was firm that it would speak only to legally recognised stakeholders and not those who call elections as state terrorism.

On being asked by the bench as to what could bring peace in the Valley, the AG said that it was not possible to withdraw security forces or tie their hands since national security was at stake in the border state.

“The government would come to the negotiation table only if legally recognised stakeholders participate in the dialogue and not with the separatist elements who rake up the issue of accession or Azadi in Kashmir,” he said.

The law officer was responding to a demand raised by the Jammu and Kashmir Bar Association to prohibit the use of pellet guns in the Valley.

Rohatgi objected strongly to an argument made by the counsel for the Bar that the government was not holding talks with Hurriyat leaders, who were detained perpetually.

“What is going on? Bar is talking about Geelani and separatists? They have said it ten times while arguing that we should release them. I am making it very clear that the government would absolutely not entertain into any talks of ‘Azadi’ with these leaders,” he said.

Rohatgi also reproached the Bar for terming the accession of Jammu and Kashmir to India as “controversial” and elections in the state as “rigged”.

At this, the bench asked the Bar members to play a crucial role and suggest who could talk with stakeholders in the state and the central governments to chalk out the way forward.

“This is (going to create) history. You can play a role and you will be remembered for times to come,” the bench told the counsel for the Bar as it fixed May 9 as the next date of hearing.

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    Umar Khalid Dar
    May 1, 2017 at 6:58 pm
    Woh! what a comparrision by Indian Supreme Court. Stones equals bullets. No wonder people responsible for Gujrat m acre were not brought to justice. The only solution is to listen to what Kashmiris want. Independence from India. To be independent or with stan will come latter.
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      Sankaran Krishnan
      Apr 29, 2017 at 7:47 pm
      If both sides approach the issue by Give and Take Policy without any ego definitely both parties can come together and find an solution and if not let us Court itself can monitor and give directions as an mediator if both sides are willing to agree what the Court proposes and suggests to bring peace in the valley !!!
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        romi
        Apr 29, 2017 at 2:47 pm
        crores of pending cases & supreme court is more interested in giving diktats for these sponserde scoundrels ??
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          Praful Ganatra
          Apr 29, 2017 at 12:56 pm
          Mr Judge(of SC), Get a one month vacation for Kashmir, face the stone pelters throughout your vacation, get nicely wounded and then utter your words of advise. That will be more realistic and down to earth.
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            zeed
            Apr 29, 2017 at 11:42 am
            ARmy has made it to front page editorials in all world papers. Polite army?! Most racist hindutva infused force. Totally shameless Gujarat model. There is a special place in for those who kill the very people they are supposed to protect. No wonder you see boxes on national tv. Best for judges to don saffron and make havan in court room. And the country can sell bananas.
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              romi
              Apr 29, 2017 at 2:46 pm
              mussy these same stone pelters would have been shot dead as happening in balochistan they shud regard themselves lucky to be alive even nations like china iran Saudi will not tolerate such people so better shut up
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              Sivakumar
              Apr 29, 2017 at 11:36 am
              Please don't find any mistake in the judgement, the judges don't give judgement out of their pockets, before delivering the judgement all the court staff went to the scene and essed the situation on ground , the truth the essed is the stone pelters are nothing but just practicing for bowling , none of them hurting anyone, the valley is functioning normally, and these people are not instigated by any one, not atleast for religious fanatics, none of them raising pro stan slogans, none of them raising satanic ISIS flag, all of them pledging the Indian democracy, none of them ISI payrole, none of them sabotage peace and tranquility of India, none of them archestated the exodus of Indus Pundits from valley, none of them pledging to support stan the enemy state, none of them are not thinking even in the wildest dreams the 'Barbadi' of Indian state, justifying all above, the judges has rightly delivered the judgement, I don't find anything wrong, will you?
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                Kiran Prakash Gupta
                Apr 29, 2017 at 11:22 am
                It appears the SC have become politicians rather than judges.The are not interested in delivering just judgement.That is why the court is also p ing orders like ghosana Patra of political parties. Justice Karnan episode has arisen due to this type of party activities of the court
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                  sharma
                  Apr 29, 2017 at 11:16 am
                  I DON'T THINK IS IS PROPER FOR THE SUPREME COURT TO GIVE ADVICE TO THE GOVERNMENT. THIS IS A TYPICAL FORM OF JUDICIAL OVERREACH AS THIS IS A POLITICAL DECISION.
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                    Sudarshan Nityananda
                    Apr 29, 2017 at 10:49 am
                    It is highly inconsistent of the NDA Govt to say at this stage that no talks are possible with separatists. The Modi Govt has become the closest collaborator with separatist and quasi separatist forces ever since it allied with the PDP. This was a cynical move aimed at just holding on to the trappings of power , devoid of any principle. Such an amoral setup as the BJP Govt should therefore have no qualms about talking to all stake holders in Kashmir The Modi Govt can initiate talks by simply saying that the talks will be held only on the basis that Kashmir’s accession to India is not a subject for discussion and is a settled fact. Then, let those who want, come for discussions.
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