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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  1. U
    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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    1. S
      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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      1. R
        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.
          Reply
          1. Z
            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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            1. R
              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
              Reply
            2. S
              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?
              Reply
              1. K
                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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                1. S
                  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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                  1. S
                    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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                    1. R
                      Rajesh Mehta
                      Apr 29, 2017 at 10:40 am
                      This Supreme Court has become a disgrace : it seeks publicity instead of sticking to it´s work and responsibilities.When will they learn that separation of powers is an essential component of cons utional governance. Bar girls one day,auto pollution next ,cricket ,Aadhar ,water sharing ,liquor policy, and much else. Soon we will reach a situation when open defiance of this Court will become the norm.
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                      1. I
                        Indian
                        Apr 29, 2017 at 10:33 am
                        India should re-name J&K as SHIKHAR PRADESH (SP) so that the only Kashmir in the world remains Pak Occupied Kashmir. ......................... Thereafter, any SHIKHAR PRADESHI wanting to live in Kashmir should be allowed to MIGRATE to POK. India should ist all such KASHMIRI MIGRANTS by buying all such KASHMIRI ETS including land at DOUBLE the MARKET RATE payable in PAK RUPEE.
                        Reply
                        1. S
                          sohail
                          Apr 29, 2017 at 10:28 am
                          One should have braine learn from US and afganistan that by force and army their is no solution but to add more probleom. Modi will be disaster if policy will not changed in kashmir.
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                          1. D
                            David
                            Apr 29, 2017 at 10:19 am
                            Corrupt su pream court judges. Fat cats loaded with bribe money. Co mmie stooges. F uckk this unelected judges. Judges promoting corrupt judges. That's why thet are against judicial reform. Ki ll these stone pelters and terrorists.
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                              Remon Remon
                              Apr 29, 2017 at 10:14 am
                              great wisdom of judiciary which no one knew so far you cant clap without both hands super executives appeal to traitors anti national separatists which so far centre state have failed to make any headway. greatgoing judiciary kashmir will be most peaceful place on earth with the wisdom of judiciary now on display
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                              1. M
                                Mohammad Dar
                                Apr 29, 2017 at 10:02 am
                                Nothing of justice but, more of hinduis nonsense of hinduism imperialism, sounds not of judge, but more of a hog of hinduism racism by faith, in human form.
                                Reply
                                1. I
                                  Indian
                                  Apr 29, 2017 at 10:55 am
                                  Dar Sab, Please feel free to go to the PROMISED LAND of INDIAN MUSLIMS - PA-KI-ST-AN and enjoy absolute bliss of living in ISLAMIC COUNTRY. ................ Want to reach JA-NN-ATH earlier - please opt for Afg-hani-stan, Iraq, Syria, Somalia, Yemen or Libya. ....
                                  Reply
                                  1. M
                                    Mohammad Dar
                                    Apr 29, 2017 at 11:26 am
                                    Sure , why not, just get out of my hose, hind uninvited guest, and jump in hindu immoral swamp of hinduism racism by faith, called hindrestan india,
                                    1. M
                                      Mohammad Dar
                                      Apr 29, 2017 at 11:34 am
                                      hinduism absurdity of a hindu uninvited guest, get out and sty out,
                                  2. G
                                    Gomathi Raghavan
                                    Apr 29, 2017 at 9:57 am
                                    Vajpayee said 1984 situation was dangerous cashmir is dangerous even today.if instrument of accession is questioned, par ion itself should be revisited [Indian Independence Act 1947] part / portion of any contract or agreement can't be rescinded. it amounts non acceptance / rescinding w contract. normalcy has to be restored in cashmir. matters outside Indian Independence Act 1947 are res extincta
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                                    1. V
                                      Vijay
                                      Apr 29, 2017 at 9:35 am
                                      What is there in telling that talks under cons utional provisions should not be a pre condition. Who are Hurriyat leaders ? They are stani stooges. Let the stone peltors be on street and spoil there future. Talks have to be held as per cons ution.
                                      Reply
                                      1. M
                                        Mohammad Dar
                                        Apr 29, 2017 at 10:06 am
                                        They are natives of Kashmir, only one with a right to speak for natives of the land and the land, hindu terrorist hogs of hinduism terrorism by faith, get out and stay out, or face destiny of a hindu terrorist , eradication to free Kashmir from the hind filth of hinduism illegality, and the dogs of hinduism racism by faith, in human form.
                                        Reply
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                                        Alok Asthana
                                        Apr 29, 2017 at 9:25 am
                                        Thanks God, someone is talking sense. The SC is running the country, which is a big relief from Modi's follies. Single-handedly, Modi has finished Kashmir in just 3 years.
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                                        1. V
                                          vk
                                          Apr 29, 2017 at 10:08 am
                                          Bogan wants to talk with separatists what a sense which school you studded ? Khujliar masters school ? Shameless lefties. Go yourself and settled in kashmir valley if you can shameless liars.
                                          Reply
                                          1. P
                                            Praful Ganatra
                                            Apr 29, 2017 at 12:48 pm
                                            If stone pelters are natives of Kashmir, then who more than 3 lakh forcefully removed Kashmiri pandits are? Are they not natives of Kasmir? Don't judge situation with one track mind.
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                                          2. K
                                            kumar
                                            Apr 29, 2017 at 9:18 am
                                            Looks like we do not need PM or government. Now days supreme court is over reaching and try to rule the country.Only people who are unaccountable are Judges.
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                                            1. M
                                              Mohammad Dar
                                              Apr 29, 2017 at 10:09 am
                                              they are the guardian of democracy, if they truly follower truth in their verdicts. hogs of hinduism corruption of politics come and go with a wind.
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                                              1. V
                                                vk
                                                Apr 29, 2017 at 10:11 am
                                                Correct and they want colleguim to choose other judges and talking loud about democracy what a shame. Please read how judges got choose people. It's all left mentally shameless liars
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                                                Arun
                                                Apr 29, 2017 at 9:05 am
                                                SC must know that Indian Army and Modi Govt are taking all steps to please Kashmiri youths but they are adamant and arrogant without studying and without job they get Rs.700-1000 per day for pelting stones at Jawans India anybody sits in AC Room and dictate Govt to do this way or that way.It is advised those advisers to come out of AC Room and visit to Kashmir Valley or Manipur, Nagaland see situation first hand and give their advice to Govt.
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                                                  Narayan Iyar
                                                  Apr 29, 2017 at 8:36 am
                                                  Why can't the commenting supreme court judiciary, (all the commenting judiciary) go and face the stone pelting and then let them talk or even hear these stupid comments or then only should they even thinking of taking cases of J&K Probably, they can go take a first hand look by acting act as a shield for the indian jawans and if they come back in one piece let hem hear those cases..
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