Date:15/08/2008 URL: http://www.thehindu.com/2008/08/15/stories/2008081577771200.htm

National

Advani to PM: follow the law on Amarnath issue

Neena Vyas

Centre completely out of its depth in dealing with the matter

NEW DELHI: In a letter to Prime Minister Manmohan Singh on Wednesday Leader of the Opposition L.K. Advani has suggested that if the law and judicial pronouncements on the subject of Amarnath are to be followed, the government can reach the correct solution to the current crisis.

The seven-page letter charges the Centre with being not very serious about finding a solution and it was completely out of its depth in dealing with the issue.

According to Mr. Advani, the problem in the State is not Hindu versus Muslim or even Jammu versus the Kashmir Valley, it was essentially nationalists versus separatists. He said it clearly suggested that the nationalists were the agitators in Jammu who are demanding transfer of some 100 acres of land to Shri Amarnathji Shrine Board for the creation of temporary facilities for pilgrims, and the separatists were those out in the streets in Kashmir resisting such the transfer of the land.

The protest of the people of Jammu has been nationalist, they hold the national flag to their heart even when they protest, Mr. Advani said while suggesting that they should not be equated with the separatists in the Valley, who foment trouble in our country. In another paragraph of the letter, Mr. Advani said: There is a huge sense of hurt and injury in Indian public opinion because separatists have to be pleased.

BJP general secretary Arun Jaitley, who released the copies of Mr. Advanis letter to the press here on Thursday, was asked whether the partys prime ministerial candidate did not see Muslim Kashmiris as Indians, but as separatists. Mr. Jaitleys response was he would not like to interpret Mr. Advani. I leave it to you [the press to interpret it [the letter.

To come back to the solution to the Amarnath issue suggested by Mr. Advani, he said the provisions of the Act under which the Shrine Board was created must be implemented. Its functions include construction of buildings for their pilgrims accommodation.

Mr. Advani cited Article 26 of the Constitution to say religious places should have the freedom to manage their own affairs and Article 27 that suggests a secular State does not spend tax payers money for religious purposes or activities.

He rejected the proposal that the tourism department of the State government would provide facilities to pilgrims. This was against the spirit of Articles 26 and 27, he noted.

Mr. Advani also quoted the directions of a single judge of the Jammu and Kashmir High Court that the forest department should permit use of its land by the Shrine Board for the purpose of facilities for pilgrims and another order of a division bench of the same High Court that said land would be allotted to the Shrine Board only for the duration of the Amarnath yatra (that normally lasts about two months in a calendar year) and only temporary pre-fabricated structures should be allowed to come up on it.

Finally, he demanded that the original Cabinet order of the State government on this subject be restored.