Roshni Act Controversy And Truth About Ankur Sharma

Roshni Act controversy has recently come in limelight again after many years. And it is about taking the credit who actually helped to abolish the Roshni Act.

There is a lot of misinformation on Roshni Case which is doing rounds on social media.

If you see social media posts especially Twitter, you will see, many BJP supporters are hailing Modi Govt. behind abolishing the Roshni Act in 2020 which was also called the Land Scam Act in Jammu and Kashmir.

We have tried our best to present a factual, chronological and true picture of the entire episode based upon Court record and inputs from the Petitioner, Advocate Ankur Sharma (President of the IkkJutt Jammu Party). 

Let us go through and give the credit where it is actually due.

Please note, we have used authentic sources like copy of judgment from Hon. Court of Jammu and Kashmir and copy of the Roshni Act itself. Links are at the end of the article.

When did the Roshni Act come into force?

Also known as Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001, the Roshni Act was enacted in 2001.

• Assented to 9 November 2001
• Commenced 13 November 2001

Who proposed and enacted the Roshni Act in Jammu and Kashmir?

Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 commonly known as Roshni Act was promulgated during Chief Minister Farooq Abdullah‘s government in 2001.

What was the reasoning given to bring this Act and why was it called the Roshni Act?

There has been land grab over several decades in Jammu and Kashmir, especially the state lands. 

This law was brought to grant ownership of such state lands to unauthorized occupants (encroachers) of those lands. It was done with the aim of raising money for electricity power projects upon payment of a sum to be determined by the Government of Jammu and Kashmir.

The cut-off year was set as 1990 by the Government of Farooq Abdullah, which was changed to 2004 and again extended to 2007 by the PDP-Congress Government.

Why It Was Known As Roshni Act?

This act became popular by the name of “Roshni Act” from the J&K Government’s said plan as they proposed to use the money raised from this law to fund power projects in the state.

Below is the reproduced reasoning given while proposing this law.

What actually did the Roshni Act do?

This law enabled the transfer of the rights of the state lands at the price from 1990, basically in return of peanuts, lakhs of kanals of land was sold to the encroachers.

Not just the state lands were sold to the encroachers. Question is who were these encroachers?

Most of these encroachers belong to one particular community and the hidden objective behind this law was to change the demographics of the area, which is also called ‘Land Jihad’ or demographic invasion.

What CAG found about this act?

The Comptroller and Auditor General of India, ending March 2013, came out with a report making startling revelations. 

The Principal Accountant General (Audit) J&K Mr. S.C. Pandey on March 8th 2014 in a Press Conference at Jammu, exposed that there was a scam of several thousands of crores in implementation of J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 also known as Roshni Scheme.

The periodical 2014 report released by CAG, revealed that there were many irregularities in how the lands were transferred to the encroachers, leading to a Rs 25000 Crore Land Scam.

Who filed the PIL for abolishing Roshni act?

In 2014, a CMP 48/2014 was filed by Ankur Sharma; Advocate & President IkKJutt Jammu Party in Jammu & Kashmir, High Court seeking CBI Probe in Rs. 25,000 Crore Roshni Act Land Scam. The figure of Rs 25,000 Crores was calculated by the Comptroller and Auditor General of India (CAG) in its periodical report for the year 2014.

He challenged that the Roshni Act is unconstitutional which should be made null & void and State lands should be retrieved from unauthorised occupants.

Who was fighting in favor of the Roshni Act?

The then Government of Jammu and Kashmir was fighting against Ankur Sharma. 

Who was in the Government at that time? 

The coalition government of PDP and BJP, So, basically, BJP was fighting against Ankur Sharma who filed the PIL to scrap Roshni Act. Then, how can BJP claim credit for scrapping this act?

You can check the below screenshot from the judgement given by the Hon. High Court of Jammu and Kashmir on this matter.

When was the Roshni Act actually scrapped and chronological development?

In 2014, by virtue of an Interim Order passed by Division Bench of Jammu & Kashmir High Court headed by the then Chief Justice Mr. M.M Kumar, the operation of the Roshni Act was stayed on account of submissions advanced by Ankur Sharma during the course of hearing in PIL 41/2014. 

By the virtue of an order dated 18.02.2018, after hearing Ankur Sharma, the Jammu & Kashmir High Court passed a blanket ban on properties for which ownership rights of State Lands were transferred to illegal occupants under the Roshni Act Scheme. 

After this serious development, the then Governor Satya Pal Malik on directions from Union Home Ministry & in order to protect Roshni Beneficiaries came out with a Roshni Repeal & Savings Act 2018.

The Roshni Act was repealed prospectively BUT it had a provision for saving and protecting all the existing Roshni beneficiaries.

The Repeal Act & Savings Act 2018 provided as follows: “The Roshni Act stands repealed today. No New applications under the Act shall be entertained henceforth. Pending applications if any shall be abated. All those who have been given ownership of State Lands under the Roshni Act are protected. Their ownerships are safe and final”. 

Aggrieved of the above mentioned Savings Clause, Ankur Sharma again filed a PIL in Jammu & Kashmir High Court at Jammu Numbered 06/2019 titled Ankur Sharma V. State of J&K and Ors. seeking declaration of this Savings clause as unconstitutional.

The push now was to get the Roshni Act declared unconstitutional ab-initio (from the very beginning) so that State lands could be retrieved back from each and every unauthorized encroacher. 

Accordingly, all these petitions were clubbed and heard together. Details as follows:

• PIL 41/2014 (Petition seeking annulment of Roshni Act);
• PIL 06/2019 (Seeking Annulment of BJP Govt’s Roshni Saving Act);
• CMP 48/2014 (Seeking CBI Probe in 25000 Crore Roshni Scam);
• PIL 19/2011 (Filed by Prof SK Bhalla bringing to fore specific instances of Land encroachment)

By virtue of Jammu & Kashmir High Court’s Final Judgment dated 09.10.2020 (PDF link at the end) 

1. The infamous Roshni Act was declared unconstitutional ab-initio; 
2. Rs 25,000 Crore Roshni Land scam was handed over to CBI for investigation;
3. Saving Clause of BJP Govt’s Roshni Repeal Act 2018 protecting ownership of Roshni Beneficiaries was made redundant; 
4. All mutations attested under the Roshni Act were cancelled. The State Govt was directed to retrieve back all State Lands given away to encroachers since 2001. 

Review Petition By BJP Govt.

Rather than implementing the High Court Judgment essential for reversing Land Jihad/Demographic Invasion of Jammu Province due to the Roshni Act, the then BJP Govt in December 2020 filed a Review Petition in Jammu & Kashmir High Court seeking review of the Roshni Judgment and impeded its implementation.

Primarily, through its Review Petition, the BJP Govt was seeking permission from the High Court to bring-in a new scheme for regularizing small/mid-sized illegal encroachments. This essentially meant to facilitate the Demographic Invasion of Himalayas/Sanatana/Jammu Province. 

In 2020, the BJP Govt in Supreme Court through Solicitor General of India, Tushar Mehta gave assurance that the Govt will not take any coercive action against Roshni beneficiaries. The Court didn’t pass any interim order on that. However, the Govt voluntarily got this statement recorded in the Apex Court.  

Due to sustained pressure of standing Roshni Judgment and pressure exerted on the Govt by the petitioner, Ankur Sharma, the recent Anti Encroachment Drive in line as per Directions from Jammu & Kashmir High Court in Roshni Judgment reluctantly started to move.

Because of the pressure from Muslim establishment, the Anti Encroachment Drive has now been put on hold based on the directions from BJP Govt at the centre.

It has been widely reported on front pages of the national newspapers that the Anti Encroachment Drive has been stopped on the directions of Central Govt (Home Ministry & PMO).

Jammu & Kashmir is at the top in the list of States/UT where BJP is starting its Muslim Outreach programme for 2024 elections.

Conclusion

Now that everything is in front of you with all the facts, it should be evident that who was actually working to fight against this draconian act which was created to fulfill propaganda for one particular community. And who was actually in favor of this act, by fighting against Advocate Ankur Sharma.

However, the Anti Encroachment Drive has been stalled by the BJP Central Govt as they are doing their Muslim Outreach programme across country.

So, beware of fake claims and propaganda on Social Media.

We thank Advocate Ankur Sharma (President IkKJutt Jammu Party), for working relentlessly to expose and help in scrapping such an unconstitutional act which was harming the Sanatani Hindus.

Let’s see how BJP will actually let the Anti Encroachment Drive progress in Jammu & Kashmir as already directed by the High Court in Roshni Judgement.

We also congratulate all the Sanatani’s for Ekam Sanatan Bharat Dal and invite them to join this party in huge numbers.

Read about how to join Ekam Sanatan Bharat Dal (Party)

Jai Shree Ram!

Sources:

PDF copy of Judgment  Hon. High Court Of Jammu & Kashmir

PDF copy of Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001 (Roshni Act)