Jehangir Ali 
Srinagar: With the agitation for free power gaining momentum in Kishtwar, the administration on Monday (February 10) imposed an ex parte ban on protests and the assembly of five or more people amid a “reasonable apprehension” of an “imminent threat to public peace”.
The opposition Peoples’ Democratic Party (PDP) has termed the order, which will remain in force for two months, an attempt to “criminalise dissent” and a “crackdown on the legitimate demand” of people in Kishtwar district. It also accused the administration of the “blatant misuse of power”.
The order came against the backdrop of protests by some residents of Kishtwar for free power.
They were joined by Shahan Sajjad, son of ruling National Conference leader Sajjad Kichloo; PDP leader and former J&K lawmaker Firdous Tak; local Congress leaders and others.
In the order, under section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), Kishtwar’s district magistrate Rajesh Kumar Shavan imposed a complete ban on “unauthorised gathering[s] of five or more than five people” and “protests or dharnas in public places”.
“Violators shall be booked under section 223 of the BNSS,” the order said.
Section 163 empowers a district magistrate, a sub-divisional magistrate or any other executive magistrate to impose restrictions on public gatherings when there are “sufficient grounds” of “danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.”
Section 223 of the BNSS deals with the powers of a magistrate to examine and take action on complaints, including against public servants.
Waseem Akram Bhat, a local activist who initiated the protest with a Facebook ‘live’ on January 19, said that he had flashed the ‘Humari Bijli Humko Do, Muft Do, Muft Do’ (‘give us our electricity, give it for free, give it for free’) poster during the broadcast and had asserted that while he was protesting alone, people were going to join him in droves in the coming days.
“The slogan became a hit. I was not expecting much support, but hundreds of protesters showed up at the Chogan ground in Kishtwar town when I held the first physical protest on January 26,” said Bhat.
In the sensitive Jammu district, where verbal disputes have in the past degenerated into deadly communal riots, prominent members of civil society, businesspersons, religious figures and even some government officials from both the Hindu and the Muslim communities have taken part in the protest.
BJP MLA from Kishtwar Shagun Parihar has also spoken in favour of free power for Kishtwar district, saying that the promise of 200 units of free power for every household of Jammu and Kashmir by the chief minister Omar Abdullah-led National Conference before the assembly election has turned into a hoax.
On Sunday (February 9), the protest for free power was held at the Shaheedi Park in Kishtwar town, which is the burial site of four protesters – two Hindus and two Muslims – who were killed on September 13, 1974 when police allegedly opened fire on agitators demanding the establishment of a college in the district.
Every year, residents of Kishtwar commemorate September 13 as “Shaheedi Divas” (Martyrs’ Day) by visiting the graves of the four slain men in the park.
“So far, we have held three protests, all on Sundays,” Bhat said, adding that the protesters have also presented a memorandum to the district magistrate on the issue.
The Wire has reached out to district magistrate Shavan for a comment. The story will be updated if and when a response is received.
Kishtwar is set to emerge as a power hub for north India in the coming years.
At least seven run-of-the-river hydropower projects with a cumulative generation of 6,000 MW are being set up on the Chenab river in the hilly district that are set to be commissioned in coming years. Some of these projects have already started generating power.
“Kishtwar is a power surplus district, yet we are living in the dark ages,” Bhat said.
He added: “My aim was to bring the people of Kishtwar together for a common good, but the administration is trying to break us. We are not against the power projects, but some of their benefits should be transferred for the development of Kishtwar. Free power is the least the government can provide us with.”
However, the district magistrate’s order noted that the “unauthorised gathering” of people in the main square of Kishtwar “without any security arrangements” had sparked a “reasonable apprehension of occurrence of any untoward incident which could escalate into public disturbance and is imminent threat to public peace and public safety.”
The order said that there was an “urgent need to take precautionary measures to prevent public disorder or dangers that may threaten public peace and tranquility … in view of the prevailing law and order situation … and the upcoming religious festivals like Mahashivratri, Holy Ramadan month, Eid-ul-Fitr etc”.
Senior PDP leader Tak criticised the administration for the crackdown.
“People were merely raising a legitimate demand for their rightful share in hydel projects. Instead of addressing their concerns, the administration has chosen to criminalise dissent, which is a blatant misuse of power,” he said.
Tak said that despite an elected government being in office, the people of Jammu and Kashmir “continue to endure an unending ordeal”.
“With great hopes and expectations, they had elected a party with a full majority to break free from bureaucratic rule. However, it now appears that we have a ‘triple-engine’ government, each engine driven by the lieutenant governor, the chief minister and the bureaucracy,” he told The Wire.