The UK-based Independent in an article published on February 18, said the J&K administration’s decision to terminate government employees in the Union Territory could create a chilling effect on freedom of speech

Claim:

The Independent said a 55-year-old teacher, Nisar Ahmad Tantray, was giving online classes from his home in Jammu and Kashmir when someone knocked on his door. He stepped out to find two government employees waiting for him with an envelope in their hands. It did not take long for him to realise they were carrying an order terminating his services as a senior employee at a public school. The letter said the lieutenant governor was satisfied that in the interest of the security of the state, it is not.

Counterclaim:

The British daily appears to hide facts under a cover of irresponsible journalism. It is surprising to see that it has got swayed by pictures drawn by the ISI, Pakistan’s intelligence agency which is inimical to India’s interests--geographical, strategic and economic. Nisar Ahmad Tantray was among eleven employees, including two sons of Hizbul Mujahideen Chief Syed Salahudin---sacked from their jobs for their terror links. They were dismissed under Article 311 of the Indian Constitution under which no enquiry is held and dismissed employees can only approach a high court for relief.

Nisar Ahmad Tantray, as per reports, was actively involved in furthering the secessionist agenda in Jammu and Kashmir unleashed by sponsors from Pakistan.

For details, read Mint:

https://www.livemint.com/news/india/jk-11-govt-employees-dismissed-from-service-for-allegedly-working-for-terror-groups-11625923470734.html

Claim:

The Independent said the Lieutenant Governor of the erstwhile state of Jammu and Kashmir has dismissed a government employee from their service without providing a specific reason why?

Counterclaim:

Section 126 of the Constitution of the erstwhile state of Jammu and Kashmir too, while providing safeguards to civil servants/government employees like in Article 311 of the Indian Constitution, laid down exceptions under which a person could be dismissed without holding an inquiry.

Using this provision of the Constitution, the Jammu and Kashmir administration removed these employees from their jobs because that was causing a threat to national security.

The J&K administration didn’t take the decision to remove these employees in haste, rather their termination was based on objective assessment and thorough screening of their activities. In this regard, a Special Task Force was constituted under the chairmanship of the Additional Director General of Jammu and Kashmir. The Task Force was represented by officials from departments of home, law, justice and parliamentary affairs.

For details, read Indian Express:

https://www.google.com/amp/s/indianexpress.com/article/explained/dismissal-of-jk-govt-employees-what-the-constitution-says-7405142/lite/

Claim:

Idrees Jan Mir, 39, a middle school teacher in Kupwara district of north Kashmir, was arrested twice – in 2010 and in 2016.

Counterclaim:

Several media reports quoting intelligence sources said Idrees Jan Mir was a supporter of the outlawed Tehreek-e-Hurriyat. Multiple First Information Reports (FIRs) were filed against him for his activities and was even booked twice under the Public Safety Act(PSA) for his separatist activities.

For details, read The Hindu:

https://www.google.com/amp/s/www.thehindu.com/news/national/other-states/jk-teacher-fired-without-enquiry-under-art-311/article34460203.ece/amp/