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JAMMU: Prof. Bhim Singh, Chief Patron of National Panthers Party today dispatched a letter to the Prime Minister of India, Shri Narendra Modi on Jammu & Kashmir situation for his urgent intervention. The letter stated that, "I am taking this liberty to convey as to what needs to be done today to integrate J&K with the rest of the country and ensure that citizens in J&K may also seek benefit from the fruits of the fundamental rights enshrined in Chapter-III of the Constitution of India. Constitution of India has not been implemented vis-à-vis Jammu and Kashmir in spite of the fact that the Ruler of J&K signed Instrument of Accession on 26th October, 1947 in the same way and on a similar document that was signed by 576 Rulers of different principalities/states/divisions within the meaning and scope of the Independence Act of British Parliament.

 

1.         This is a tragedy in the history of this great Nation that J&K has not been integrated with the rest of the country as was done in respect of 575 states/principalities on 26th January, 1950. Union of India comprised of 577 States including two states namely Hyderabad and Junagarh whose rulers had not even signed the Instrument of Accession.

2.         Whose failure was that or who is to be blamed for this lapse that is not material today that could be used in election campaign. Today in 2017 the Parliament of India has to take a firm decision to amend Article 370 so as to integrate the entire State of J&K with the Union of India. That is for Parliament to do.

3.         Your honour, Article 370 was a temporary provision that has lasted for nearly 70 years causing tension vis-à-vis the constitutional relationship of the State of J&K with the rest of the country.                            

4.         Proviso inserted at the bottom of Clause 3 of Article 370 has become redundant and lost any constitutional relevance after 20th August, 1952 when the Constituent Assembly under the leadership of Sheikh Mohd.Abdullah through a political resolution of the Constituent Assembly of J&K in a unanimous voice declared Monarchy (State under the then King of J&K, Maharaja Hari Singh) as abolished. Though this resolution deserves a serious screening yet it was accepted by the Parliament of India as applicable vis-à-vis Jammu and Kashmir.

5.         Your honour, after the Monarch was removed on 20th August, 1952 the proviso at the bottom of Para 3 of Article 370 stood dissolved automatically.

6.         Your honour, the President of India has issued more than 47 Presidential Orders between 11th February, 1956 and 19th February, 1994 making various other provisions of the Constitution of India applicable to Jammu and Kashmir.

7.         With the dissolution of proviso at the bottom of Clause 3 of Article 370 the Parliament of India has got clear authority to legislate on the matters enumerated in the Union List.

8.         This is tragedy in the history that J&K has not been integrated to the Union of India as 577 states were declared integrated on 26th January, 1950 when the Constitution was promulgated. This matter has not been considered constitutionally or by any legal agency till today. Article 370 stood amended on 20th August, 1952 when the Monarchy was abolished? (Was Monarchy abolished with a private resolution of some individuals associated with a state political party).

I am taking this liberty urging your honour to exercise the power of the Parliament to make it clear that Article 370, a temporary provision cannot govern the power of the Parliament. The Parliament is competent to amend/remove any temporary provision in the Constitution. The Parliament is competent even today to exercise its sovereign power to amend any provision in the Constitution of India. Article 370 was a temporary provision which had guaranteed Monarchy for Jammu and Kashmir. It was only Parliament which could have amended/changed it. The State Constituent Assembly of J&K was not competent to amend any provision/power vested in the Parliament of India. This wrong has to be cured and Hon’ble President of India through his Presidential power which he enjoys under Article 370 itself vests that power to amend this temporary provision in the Constitution of India. The proviso at the bottom of Clause 3 of Article 370 has been exploited and used as a cancer in the heart of the Indian Constitution.

Your honour, the President of India is the only competent authority to declare this proviso in Clause 3 in Article 370 as redundant, unconstitutional and without any substance as the situation changed on August 20, 1952. The Cabinet/Union of India is competent to advice the President of India to revoke Article 370 or amend it to the extent that Parliament of India is competent to legislate in respect of the subjects, which were included in the Instrument of Accession, at least.    

Your honour, the J&K National Panthers Party has been fighting for the cause of National Integration vis-à-vis Jammu and Kashmir. The Panthers Party fully support the people of Jammu and Kashmir, being citizens of India that they should be guaranteed all civil and political rights incorporated in Chapter-III of Constitution of India as fundamental rights. People of J&K have remained denied of their fundamental rights for nearly 70 years, which are guaranteed to every citizen of India except to that of the citizens of India residing in Jammu and Kashmir. Your honour it is only the Parliament of India which can ensure fundamental rights to the residents of J&K being citizens of India who have remained denied of their fundamental rights till date.

 

Prime Minister’s intervention today shall restore peace in Jammu and Kashmir, which is the need of the hour and every citizen of India residing in the State of J&K shall feel relieved the day Parliament of India intervene. Article 370 is dead and cannot restore confidence of the people of J&K.  Your honour may urge the President of India to advice the Governor of J&K to impose Governor Rule in the State of J&K that is the only way to restore peace in J&K. The Governor of J&K has power to impose Governor Rule under Section 92 of J&K Constitution. The people of Jammu and Kashmir should have a chance to elect their members of the Assembly in the changing situation. The Parliament should have direct authority to legislate, at least, in respect of three subjects namely, Defence, Foreign Affairs, Communications & Allied Matters as is the mandate of the Constitution and the spirit of the Instrument of Accession that Maharaja had signed under his own seal and signatures on 26th October, 1947."

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  • ‘Don’t repeat such actions in future; don’t take silence of Jammuities for granted’

JAMMU: Former Minister and JKPCC general secretary Manjit Singh today alleged that Kashmir based Ministers harassing employees of Jammu without any justification to show their performance because people in Kashmir don’t listen to them. Issuing a press statement, Manjit Singh without naming said that Kashmiri ministers have started harassing unnecessarily to the Jammu employees with a motive to showcase their performance. It is also not a hidden fact that these ministers are not taken seriously in Kashmir and people throw stones at them whenever they are spotted in Kashmir, he alleged.

Senior Congress leader further said that the Rural Development Department has over burdened Block Development Department with multi-tasks and recently, polythene free drive. “Developmental activities have been hampered due to the drives launched recently by the Government across Jammu division and BDOs have been over burdened with such useless activities,” he further alleged.

The former minister said that the attention should be development but the focus has been shifted to useless activities with which the general public is facing hardships. “If Government is really seriously to ban polythene bag’s use, they should ban the factories and entry of polythene bags from Lakhanpur in the state,” he said, adding that they lack will and for publicity BDOs have been over burdened with such tasks.

 

RDD employees were suspended by the Minister even polythene bags were scattered in municipal limits, he alleged further appealed that such practice should be stopped and reasonable developmental activities should be taken up with serious approach. There should be a different agency to ensure no use of polythene bags in Jammu and Kashmir, he suggested. The Government should not see our silence as weakness. They should know we will come on roads if such harassment is repeated in future, he threatened.

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JAMMU: BJP State Spokesperson Prof. Virender Gupta rebutted the statement of National Conference leader, Nasir Aslam Wani that BJP National Presient, Amit Shah needs lessons in history. He said that Amit Shah was absolutely correct in his statement that present unrest and turmoil in the Valley is confined to three and half districts only and added that the districts affected by terrorist activities are Pulwama, Kulgam, Shopian in South Kashmir and half of Budgam district in Centre Kashmir. He also added Shia, Gujjar and Bakarwal communities that constitute about 40 percent population of the Valley is indifferent to the present movement launched by separatists at the behest of Pakistan. Only a section of Sunni population of the Valley is involved in creating disturbances.

The spokesperson blamed National Conference for triggering the present unrest after losing their foot hold in the last assembly elections when their performance was lowest of all the previous elections. Prof. Virender while re-visiting the history of Jammu and Kashmir said that issue of Jammu and Kashmir was resolved after Maharaja Hari Singh signed the Instrument of Accession and same was accepted by Government of India, endorsed by the constituent Assembly of India and that of Jammu and Kashmir. The only issue yet to be settled is to get vacated the part of Jammu and Kashmir that was legally occupied by Pakistan by aggression.

Prof. Virender blamed National Conference for the present state of affairs. He said that peace had prevailed in Jammu and Kashmir when Bakshi Gulam Mohmmad, Gulam Mohmmad Sadiq and Mir Quasim were heading the state Government. It was mis-adventure of Congress Party under the leadership of Indra Gandhi when it installed Sheikh Abdullah as Chief Minister of the State in 1976 and added that conspiracy to strengthen the separatist movement in the Valley started from that date. Farooq Abdullah when in power tried to communalise the Jammu and Kashmir society and allowed the fundamental forces to grow, as a result the forces who are creating a war like situation and working for complete Islamization of the Valley and Jammu and Kashmir as whole, have established strong foot hold in the Valley and are challenging the integrity, peace and secular ethos of the country.

 

The Spokesperson said that present turmoil in the Valley is against the sovereignty and integrity of Indian Nation and the political parties like National Conference are fueling the fire for their own political interests. He rebuked the statement of Farooq Abdullah that centre is playing vote bank politics by pursuing a hardened policy on Kashmir and asked him to look back on his anti-national provocative statements before and during the Srinagar Parliamentary bi-elections before blaming the centre.  

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