Mehbooba-BJP Govt. in J&K must go, fresh elections without guns only way out
Prof.Bhim Singh, Chief Patron of National Panthers Party & Executive Chairman of State Legal Aid Committee as well as former Legislator has cautioned the Parliament about the worsening of the situation in J&K endangering the national integrity which is evident from the hostile statement that J&K Chief Minister, Mehbooba Mufti made in Panaji last evening. Mrs. Mehbooba has crossed the limits and gone beyond skirts of rule of law even beyond the acts of Sheikh Mohd. Abdullah in 1953 when he made the statement from R.S. Pura, Jammu (J&K) against the Union of India. It was this statement the then Prime Minister of J&K, Sheikh Mohd. Abdullah which forced Prime Minister, Jawaharlal Nehru to direct Sadar-e-Riyasat Yuvraj Karan Singh to dismiss Prime Minister, Sheikh Abdullah and arrest him immediately. It was after midnight of 8th August, 1953 that Prime Minister Sheikh Abdullah was dismissed and arrested by the orders of the then Sadar-e-Riyasat, Yuvraj Karan Singh. Sheikh Abdullah had made statement a day before which was less intriguing than the one Mehbooba Mufti made on 15th December, 2017 at Panaji. She dared Jammu and Kashmir is under siege. (There is mental siege and economic siege). Justifying the slogan of independence Kashmir, she dared proclaiming, “When we think of Kashmir, we should not think of Pakistan. Because Kashmir is ours.” Giving her signal to the hostile elements in Kashmir she dared announce from Panaji that, “Jammu and Kashmir could be the gateway of India”. Does she mean that Jammu and Kashmir could not be integral part of India or it she behaving like a drowning man who catches at a straw to save himself.
Prof.Bhim Singh said that the people of Valley of Kashmir have been caged because of the PDP-BJP government and not by the security forces which is evident from record. People of J&K have been kept out of the scope of Chapter-III of the Indian Constitution and have remained denied of the fundamental rights which are guaranteed to every Indian citizen (except in Jammu and Kashmir). This was done in 1954 when Pt. Jawaharlal Nehru wrote a directive to the then President of India, Dr. Rajender Prasad, to insert Article 35(A) empowering the Govt. of State of J&K to deprive the citizens of India (called Permanent Residents today) of all their fundamental rights enshrined in Chapter-III of the Indian Constitution (Article 12 to 35). Article 12 makes no discrimination and includes all State governments and legislature including the State of J&K.
Article 14 clearly provides that no person shall be denied equality before the law or the equal protections of the law within the territory of India. Article 35 (concluding Article in Chapter-III) clearly provided that Parliament of India shall have, and the Legislature of a State shall not have, power to make laws. This was not only unjust and illegal but a heinous crime by the President of India who without seeking the support (vote) of the Parliament added Article 35(A) in the Constitution which is rarely shown on the pages of the Indian Constitution.
Prof.Bhim Singh urged the President of India to act with courage and conviction to issue an Ordinance under Article 370 (though temporary lasting for nearly 70 years) to withdraw Article 35(A) from the pages of Chapter-III of the Indian Constitution. Though Article 370 does not vest any power in the President of India to touch any provision in any part of the Constitution of India except provided in Article 370 alone, yet the President is the only authority in the Constitution today which can delete the error without intervention of a court of law.
Prof.Bhim Singh urged the President of India to dismiss the hostile Govt. in J&K comprising of PDP-BJP which has really threatened the Accession of the State with the Union of India which was signed by the Ruler of J&K, Maharaja Hari Singh in 1947. Prof.Bhim Singh urged the President of India to issue an Ordinance directing the Parliament of India to immediately amend Article 370 enabling the Parliament of India to legislate in respect of the matters relating to Defence, External Affairs, Communications with Allied Matters. Prof.Bhim Singh expressed deep surprise on the failure of the successive Indian Parliament since 1950 to amend Article 370 which lost its relevance on 26th January, 1957 when State of Jammu and Kashmir (though integrated under the signs and signatures of Ruler of J&K) passed its so-called Constitution. The relevance of Constituent Assembly of J&K, though against the letter and spirit of the domain of the Constitution of India, got dissolve and proviso inserted in 1950 after Clause-III of Article 370 got dissolved/dismantled in the eyes of law. The President of India, today (after 1957) had power vested in him in Article 370 itself to amend any provision in Article 370 though temporary.
Prof.Bhim Singh said that Parliament of India should pass this resolution urging on the President of India to withdraw proviso inserted in 370(3) so that the President shall issue desired mandate asking the Parliament to legislate in respect of three subjects (mentioned above) that Maharaja of J&K had offered to the Union of India. That shall complete the process of merger of J&K with the rest of the country in the letter and spirit of the Instrument of Accession signed by the Maharaja like other 575 rulers of the States that merged with the Union of India. The only way out is immediate dissolution of the present Govt. of J&K, intervention of the President of India to declare proviso 370(3) as irrelevant/viod. The Parliament of India shall be free to legislate in respect of areas which were signed by the Maharaja in 1940.