JAMMU: Prof.Bhim Singh, Chief Patron of J&K National Panthers Party, Sr. Executive Member of Supreme Court Bar Association (SCBA) & former Legislator of J&K Assembly has petitioned the President of India, Shri Ramnath Kovind for his urgent intervention to restore democracy and peace in Jammu and Kashmir at the earliest. In his letter addressed to the Hon’ble President of India, he submitted that,
“In continuation my earlier petitions to Your Excellency, I would like to repeat my earlier prayers to hold an urgent meeting with the representatives of all recognized political parties functioning in J&K besides inviting all former legislators of J&K who are not members of any recognized political party in Jammu and Kashmir. This is very urgent and this request deserves your personal attention because Jammu and Kashmir is under President’s Rule today. Jammu and Kashmir have been reduced to a Union Territory, unfortunately, which has not been accepted by the residents of Jammu and Kashmir irrespective of their political affiliations or regional attachment. The present State of Jammu and Kashmir (I am not including Union Territory of Ladakh) has several recognized political parties and a few political groups who have not been able to digest converting Jammu and Kashmir into a Union Territory.
2. I hope that the President of India may be pleased to seek a legal opinion from the Attorney-General of India or from other jurist who are not politically attached with any political party. This is for the reason that Hon’ble President of India may be pleased to understand that this letter/petition is being addressed to the Hon’ble President of India for the reasons that Jammu and Kashmir is under President’s Rule and there is no guess how long such kind of President’s Rule shall last.
3. This is also very important that Jammu and Kashmir was the land where the Father of Nation, Mahatma Gandhi felt a fountain of secularism even before the partition of India in 1946. The people of Jammu and Kashmir had shown a great courage and demonstrated their commitment in secularism and Hindu-Muslim unity in 1947 when the continent was divided on communal slogan. The Constitution and the Ranbir Penal Code in Jammu and Kashmir deserve a special attention of the Nationalist and Secular leadership of the country.
4. The Panthers Party was founded in 1982 which had insisted for amendment in temporary Article 370 so that the clause dealing with Defence, Foreign Affairs and Communication may be taken out of the scope of Article 370 because the Instrument of Accession signed by Maharaja Hari Singh on October 26, 1947 had clearly stated that he was extending all the above-mentioned subjects to the Union of India. The Constituent Assembly, in my judgment, committed a mistake by inserting/including these three subjects in a paragraph in temporary Article 370. This mistake has not been cured because the Parliament of India on August 5, 2019 has mentioned nowhere that these said three subjects were included in the Instrument of Accession and the Instrument of Accession is being brought under the scope of the Constitution of India. This matter is very important and the Parliament has to bring this Resolution on the floors of Parliament to ensure that no vested interest shall be able to exploit this constitutional dent.
5. This is also highly urgent that the President of India should seek the opinion of the constitutional experts whether Article 370 has been stands totally removed/washed away from the Chapter of the Indian Constitution? Whether Article 370 still survives? Whether Instrument of Accession signed by the Ruler of Jammu and Kashmir stands fully implemented/applied and included in the Chapter of the Indian Constitution? These are the issues which are still being raised silently by many critics and it is only President of India who is competent to convey his legal opinion.
6. That is also important that the President of India enjoyed constitutional power to issue an Ordinance at any time but that Ordinance does not/cannot last beyond six months. The Ordinance on Article 35-A was issued in May, 1954 introducing Article 35-A. This 35-A was shut by the President of India by an Ordinance and this Article 35-A ceased to operate on August 5, 2019 itself. This was quashed by the exclusive power of the President of India and Parliament had nothing do with that subject. The special law made by the Legislative Assembly of J&K introducing Public Safety Act (Detention Law) collapsed/ceased to operate w.e.f. August 5, 2019. It is submitted that the President of India may be pleased to convey this message that Public Safety Act, J&K has ceased to operate right since August 5, 2019. All the persons, political or otherwise detained under this illegal law, Public Safety Act should have been released on the very first day. Their detention in the private hotels, houses and jails has been illegal, unconstitutional and they are entitled for damages/compensation under the law of the land.
Your Excellency, I have conveyed my feelings to Your Excellency because I am aware of your graciousness, legal and human approach for solving complicated knots in such a situation. The day I joined Supreme Court of India as an Advocate, Your Excellency, you were, I think, an Advocate-on-Record. I feel proud of the facts that President of India today was my senior member of the Supreme Court Bar Association in 1973.”