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news details
Farooq Sahib! Avoid pressure tactics
Don’t confuse yourself - Art-35 has to go
R.B. Suri9/10/2018 11:01:13 PM
These days, National Conference leader and the three time remained as the Chief Minister of the sensitive state of Jammu and Kashmir Dr. Farooq Abdullah is oftenly seen on the national electronic and print media in one way or the other and whereas his son Omar Abdullah, leaving aside the state issues, is passing his days leisurely in attending some seminars or the wedding ceremony of his dears abroad. Right from the beginning Omar is in the habit of treating the things in a very casual way and disposing the same half heartedly always. This was quite often when he ruled the state during 2009 - 2014. Representing the causes and suffering of the Kashmiri masses in the right earnest, it may not be agenda of the former Chief Minister Omar Abdullah who always dealt the things in the half heartedly in the state and this time may be due to certain personal marital problems, he usually remains of the scene because of which his illustrious father Dr. Abdullah had to manage the show in keeping his party alive. It is not out of place to mention here that former Chief Minister Omar Abdullah is a such a politician in the country who has not so far led any political movement any where, he has not remained in opposition in J&K, he has not fought any agitation against any Government set up so far and he has not sacrificed anything yet. The former Chief Minister of Jammu and Kashmir Dr. Farooq Abdullah is busy continuously in building the tremendous pressure over the Union Government for not scrapping the Article 35 A of the Indian Constitution.
On this score last week, he announced that his political party will boycott the Municipal and the Panchayat polls in the state and a day back, Dr. Farooq Abdullah once again announced that his party will not contest the coming Assembly and Lok Sabha elections in the state as his party wants that the Central Government should clear its stand over article 35 A of the Indian Constitution immediately. Dr. Farooq Abdullah is creating the confusion within himself as he knows fully that the pressure tactics adopted by him against the centre will not yield anything positive and at the same time, he is trying his best to exploit the very sentiments of the Kashmiri masses along with the Hurriyat leadership, which too, like him have boycotted the forthcoming Municipal and the Panchayat polls in the state. The issue of Article 35A is sub judice at the moment and his party National Conference is also contesting the same for the retention of the Article 35A as it has already filed the rejoinder in the said case pending before the Apex Court for adjudication. Not only this, CPI (M) of the state unit has also filed the rejoinder on this score for retaining of the said Article of the Indian Constitution. Dr. Farooq Abdullah though is making these unwanted utterances publically but he indirectly, is pressurizing the judiciary on this score which be avoided to the maximum extent as far as possible. Politics is something else but to fight the case legally, the court wants the strong pleadings and the arguments but not the pressure tactics.
Farooq Abdullah Sahib! Kindly make this thing in your mind always before making any unwanted utterances in the interests of the Sovereignty and the very Integrity of the country otherwise all these things would go detrimental to the interests of your party founded by your great leader and your father Jenab Sher-e- Kashmir Sheikh Mohammed Abdullah. The issue of Article 35 A is really important in nature as it touches the feelings of the crores of people of the country at large. It is sub judice before the Apex Court since more than one year or so. On August 31, the lordships of the Supreme Court of India have already adjourned the case to the second week of January 2019 as in the state, Municipal Bodies and Panchayat elections are being conducted by the Governor's Administration in the months of October and December this year. Since the case is before the Apex court for its final adjudication and the people of the valley especially their leaders are gearing up all the vested interests who never wanted to be closer with the Union of India. They are bent upon to further vitiate the already disturbed valley for their interests. The Separatists, Hurriayat Amalgamation, Indian Congress, National Conference, PDP have already given the hints for the open revolt against the Government of India. They are trying their best to pressurize the judiciary. All this is a pressure tactics adopted by these forces and nothing else. The former Deputy Chief Minister of J&K Muzafar Hussain Baig who is MP from Baramulla Lok Sabha constituency and also a senior Supreme Court Lawyer also sought for advancing strong arguments before the Lordships of the Supreme Court of India for defending the captioned Article of the Indian Constitution. He opposed the threats being given to the judiciary and the Central Government as he was of the firm view that threats, pressure and violence will negate the issues involved. The Lordships of the Supreme Court of India will draw a negative impression about the aforesaid Articles of the Indian Constitution, he further substantiated. At the same time, he admitted that the State Government of the time had never consulted him about the matter involved at all. But on the last date of hearing in the case on Aug31, he appeared in the court and sought for the retention of the said Article. Since the appeasing the Separatists and the Hurriayat Amalgamation by the Central Governments from time to time has not yielded anything positive as such henceforth, no such approach is needed in this important issue. Let the judiciary of the nation decides on its own without any further loss of time. This is required utmost for maintaining the dignity, creditability and honour of the Apex Court. There should not be any interference in the working of the court. If, every time, interference is done, this will be dangerous for the country as the various experts in the field have opined that it would be suicidal for the country as more than 70 years have already passed and the Kashmir tangle could not be clinched at all which is unfortunate indeed. Presently, the state of Jammu and Kashmir is under Governor's Rule since June 20 and this is a golden opportunity to let the issue of Article be clinched by the Apex Court of the country immediately. Our Apex Court - Supreme Court of India is regarded as the best court in the judicial set ups of the World. It has its well established history. After the Independence we attained in 1947, it delivered many a judgments which go to its credibility and competence. It is worth mentioning here that Article 35A of the Indian Constitution was nowhere discussed in the Indian Parliament rather it was the sweet will of the then President of India who incorporated the same in the constitution He, on his own only annexed this Article in the Indian Constitution. Since it has no mandate of the Indian Parliament it has no base rather it won't stand in the eyes of law itself.
The matter is sub judice. Building massive pressure on the Supreme Court of India which is hearing the cases in connection with captioned Articles, will not make the goodwill in the minds of the Lordships hearing the related matters but instead will negate them for pronouncing their verdict in favour of the pressure creators. It is not the ticklish issue but is a very simple one as the Article 35 A won't stand before the law. Therefore the State Govt. and the others including Congress, National Conference, Separatists are feeling help less before the Supreme Court of India as they are not having strong arguments in their favour. People of the country have full faith on the judiciary particularly over the credibility of the Apex court . But unfortunately, the valley people have their reservations about the credibility of the Apex court. Actually they want to pressurize the Apex court by threats and violence. But certainly one thing is there that the Supreme Court of India always give its verdict after having heard both the parties in the issue (s) involved. Pertinent to mention that Separatists, National Conference, Kashmiri Muslim organizations and others- all of them are hand in gloves with each other and are trying their best to vitiate the peaceful atmosphere in the valley as also vomiting the poison against the Government of India in order to achieve their narrow interests. They are hectically busy in spreading the poison of hate redness against Indians and building the pressure on the judiciary in favour of retaining the Article 35A in the Indian Constitution for all times to come.` Spreading the anarchy and violence in the valley by the captioned political and other organizations will not serve their purpose and ultimately won't save the Article 35A.
One thing is crystal clear that the Supreme Court of India is not frightened with the pressure tactics of the National Conference Leaders, Separatists and the Hurriyat leaders as has been experienced from its judicial history after the Country attained the freedom from the chains of slavery from the Britishers. The issue involved in the Article 35A of the Indian Constitution is a very ticklish one as the same is volatile one because it restricts the citizens of the country residing outside the state of Jammu and Kashmir to acquire any immovable property in J&K. It is bound to go once for all. I had written rather pleaded for 3 options in order to decide the issue involvedand they were - The Apex Court may decide the cases on merits 2. The Apex Court may, while deffering the hearing in the case, send the matter to the Indian Parliament to discuss it threadbare and either it be recommended for scrapping the Article 35 A or endorsed it fully as it is and 3. The Apex Court may decide to ask the parties - Petitioners, State Central political parties and the citizens of the country to settle the issue outside the purview the Apex Court. Of the above, Second option is the best because of the fact that this was never debated in the Indian Parliament as yet rather it was annexed in the Indian Constitution in 1954 by an order of the then President of India Dr. Rajender Prashad. We are lucky to have our Independent Judiciary which is above all. Its pride is our honour and we all are bound to maintain its dignity and respectability in any case. Under the circumstances, the Kashmir centric politicians of the state as also the Separatists and Hurriayat leaders should have the required patience and courage to deal the issue involved instead of keeping the Valley always on fire.
Dr. Farooq Abdullah, beyond any doubt, has proved many a times in the past that he is an Indian first like me and anybody else and would live and die for the country. Farooq Sahib !, For God Sake, Avoid building pressure overthe Judiciary at least.
I hope that some highness would prevail over him as he is a god fearing personality of our state .
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