Centre’s defence lacks logic: JK politicians as SC takes plea on revocation of Article 370
SRINAGAR,JULY 11: As Supreme Court is set to hear petitions challenging Article 370 abrogation and centre defended Article 370 revocation in a fresh affidavit in the apex court saying the move has brought an unprecedented era of progress in Jammu and Kashmir, Jammu and Kashmir politicians have said centre’s defence lacks logic to back its August 5, 2019 decision to abrogate J&K’s special status and bifurcate J&K state into two Union Territories and judiciary during the hearing must focus on legal aspects.
“These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments. The entire case in the SC is about the illegality & unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong enough political case,” tweeted former J&K Chief Minister and NC vice president Omar Abdullah.
The Supreme Court is today oday hearing petitions challenging the abrogation of Articles 370 and 35A.
On August 5, 2019 centre scrapped Articles 370 and 35A, which gave special status and special privileges to J&K state and its residents, and bifurcated erstwhile J&K state into two Union Territories.
In the fresh affidavit in Supreme Court, the centre has defended abrogation of J&K’s special status saying it brought unprecedented stability and progress; Normalcy, with strikes, school closures and stone pelting being a thing of the past; no stone pelting incidents this year, restoration of 3-tier panchayat system in J&K; application of Central laws to the UT, dismantling of terror ecosystem in the region, hosting of G-20 tourism event in Srinagar, etc.
Reacting to centre’s claim, former CM and PDP chief Mehbooba Mufti tweeted, “The Centre’s defence lacks logic to back it’s decision of the illegal & unconstitutional abrogation of Article 370. The brute majority was used to subvert the Indian constitution that extended guarantees to the people of J&K & GOI and also violated earlier rulings of Honorable SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India. Drum beating about an enforced silence & so-called grassroots democracy can’t be used to justify constitutional hara-kiri (sic).”
Peoples Conference chairman and former minister Sajjad Gani Lone stressed the need for the judiciary to focus on the legal aspects of the abrogation of Article 370 rather than its perceived political or law and order implications
“One of the biggest challenges facing the institution of judiciary is how they deal with Article 370 cases,” he said and emphasized that the role of the apex court is not to pass judgment on whether the abrogation of Article 370 was beneficial or detrimental to J&K but the court’s duty lies in determining the legality of the abrogation.
“Per se the affidavit filed by the Central government focuses on issues post abrogation. What will eventually be discussed in the court is the legal pathway to abrogation, not the so-called perceived political or law and order benefits post-abrogation. Whether abrogation of Article 370 is good or bad for J&K is not what the Apex court has to decide. They have to decide whether it was good or bad in law,” Lone said.
CPI (M) leader and former MLA Mohammad Yousuf Tarigami while referring to the centre’s fresh affidavit said on August 5, 2019 centre made the historic J&K state into a Union Territory and divided into two parts.
“Since then, democratic rights and civil rights have been suspended, restrictions imposed on media, peaceful protests disallowed and arrests spree continue. We don’t want forced peace and normalcy. We want that peace that has the will of people”.
Barring BJP, most political parties in J&K are demanding the restoration of J&K’s special status and statehood.
-The New Indian Express
