“I wish the Supreme Court judges who pushed for an early election... all those people who are 'Aman ki Asha', that nonsense, they should be taken on a flight to Pahalgam... and they should be made to walk in the meadows where this massacre took place.... maybe they will realise they took a wrong decision…Sitting in the five-star environment where you have not seen a gunshot fired and then you come out and start educating the people dying for your country.”
Lt Gen (Rtd) DP Pandey said this to news agency ANI last week, in the wake of the Pahalgam terror attack. It may be convenient to seek an alibi, but for a Corps Commander who served in Jammu & Kashmir to point fingers at the Supreme Court for the massacre is not only preposterous and incorrect—it is a claim far beyond his remit.
To imagine that the elected government in J&K had any control over law and order would be a naïve understanding of the current division of powers in the union territory.
What the General may have forgotten is that elections in Kashmir were long awaited, and it should have been the Election Commission calling for polls, rather than the Supreme Court having to remind the government its promise and obligation.
While upholding the repeal of Article 370 by the government in December 2023, the Supreme Court had said that the region should be restored as a state “at the earliest," and elections should be held by September 2024.
Security Is the Centre’s Responsibility
Curiously, in 2022, when the General was in command in Kashmir, he claimed that the number of terrorists was at an all-time low, and that the people were fed up with terrorism.
While speaking to the news agency, he may have also forgotten that security in J&K is still controlled by the Centre, with the Lieutenant Governor (LG) in charge of law and order. He may want to clarify that the same LG, through reports, placed on record the return of “normalcy” in the Valley. Union Home Minister Amit Shah has frequently mentioned this in public rallies, claiming victory over the abrogation.
In July 2024, the Home Ministry revised the Transaction of Business Rules that gave extraordinary powers to the LG. Under the new rules, the LG has the final say on the functioning of the All India Services.
The new rules have also placed the Anti-Corruption Bureau, the Directorate of Public Prosecutions, Prisons, and the Jammu and Kashmir Forensic Science Laboratory under the LG’s control. The LG also has the final approval over the appointment of the Advocate General and other law officers. Further, the rules say that the government must now obtain his approval to grant or deny prosecution sanctions or to file appeals. This revision virtually takes away the power of the elected Chief Minister.
A Chief Minister with Tied Hands
During Eid this April, the LG went beyond the brief and enforced the transfer of 48 officers of the J&K Administrative Service. Since taking office six months ago, with a significantly curtailed mandate, Chief Minister Omar Abdullah is fighting a losing battle, with the LG often overstepping his ambit.
When accused of too much interference. the LG defended his actions citing the J&K Reorganisation Act of 2019. The Act states that the LG holds control over matters related to public order, police, the bureaucracy, and the anti-corruption bureau, while governance-related affairs fall under the jurisdiction of the government. The Act also grants the LG immunity from being questioned in court on his actions.
Yes, accountability must be fixed to determine whether there was permission for the tourist destinations to be opened and why these locations had zero security presence. Whether the lapse was due to negligence or complacency, the probe must start from the LG’s office, from where the region is governed.
The Narendra Modi-led government has long claimed it has “cleansed” the Valley of bloodshed following the bifurcation and forceful shutdown after abrogating Article 370. The ‘happy Kashmir story’ was almost believable—reopening of cinemas, significant tourist footfall stepping up the economy, an election, and an air of reconciling.
And then came this daring and chilling massacre—a possible bait to draw the security forces into another phase of violence, and a convenient opportunity for the government to seize this moment to stand vindicated on their religious agenda.
The terrorists and their handlers made sure their intention was conveyed loud and clear.
Paradise Rebranded, But the Reality Remains
The government’s media managers and supporters were quick to ascribe reasons for the shattering of much vaunted 'Project Kashmir.' Pakistan was singled out and swift measures were announced to internationally isolate the state. The Prime Minister has now granted complete operational freedom to the armed forces to strike the enemy lines.
Despite the government’s claims of safety and security, the truth is that terrorism never really left the Valley.
Some internal security reports from 2024 warned that opening up so many destinations without full security cover makes the tourists vulnerable. Those warnings appear to have been ignored. Despite this, the Indian government continued to aggressively promote Kashmir as a tourism destination.
India is literally waging a war within its own territory, against its own people, while searching for three terrorists reportedly responsible for killing 26 people in Kashmir. Since then, over 1,500 people have reportedly been detained. Homes believed to be of the relatives of the suspected terrorists have been demolished using explosives under the guise of “operations”.
It is almost a wilful act of erasing the goodwill and unconditional condemnation of the massacre by the local residents. Even from a hardline security perspective, an effective military strategy means enlisting the local government and peoples cooperation. In a democratic nation as India, it should have been the elected government that called the shots. But J&K has always tested the limits of Indian democracy.
It may be worthwhile to remind ourselves that while the Centre was tom-tomming the transformation of Kashmir into a restored Jannat, there was no reduction in the presence of armed forces in Kashmir. Every Friday, Mirwaiz Umar Farooq is placed under house arrest and not allowed to lead the prayers at Jama Masjid. Meanwhile, according to the J&K government, 83,000 domicile certificates have been issued to outsiders (non-Kashmiris) for permanent residency.
"Leaving behind the earlier difficult days, our Kashmir is now regaining its identity as a paradise on earth," said Prime Minister Modi in January this year. Now, he has vowed to avenge the recent killings. But before doing so, he must establish the source of this terror and not allow his supporters to look for alibis.
(Kishalay Bhattacharjee is Dean, Jindal School of Journalism and Communication and author most recently of Where the Madness Lies: Citizen Accounts of Identity and Nationalism (Orient Black Swan). This is an opinion piece. The views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)