Monday, December 17, 2018
 
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Their Moment





B L Saraf


Governor Satya Pal Malik has dissolved the state Assembly for the reasons that there is “ impossibility of forming a stable government by coming together of political parties with opposing political ideologies - that with the fractured mandate it is not possible to form a stable government comprising of like –minded parties .” Before that , PDP and Peoples Conference staked , separately , claims to form a government in the state .


Malik Saheb , pray tell us was erstwhile PDP /BJP coalition government in the J&K a one of the likeminded people ? In March 2015 it was hailed as convergence of North Pole and South Pole .


Knowledgeable say that in the dissolution of J&K Assembly “ Governor Satya Pal Malik has violated constitutional law and convention . His reasons for the action that there was an extensive horse trading going on and a government would be formed by the parties with opposing political ideologies are extraneous .” The legal experts opine that describing an alliance that sets up claim to form the government as untenable is no reason to initiate a constitutional action . In Rameshwer Prasad case 0f 2006 the Supreme Court held that unsubstantiated claims of horse trading or corruption in efforts of government formation cannot be the reason to dissolve the Assembly .


Governor should explain how he came to change his mind and dissolved the Assembly when , just a week ago, he had emphatically ruled out such an action . He had equated dissolution of the Assembly with stoppage of the political process , which , according to him ,could be sustained only by keeping the Assembly in suspended animation. Though fortuitous , the dissolution of the Assembly is good riddance . May be it has not come on valid considerations , nevertheless it is a welcome development . The political scenario has become so murky that in the given situation nothing beneficial could be salvaged .


For a moment , National Conference and the Peoples Democratic Party deserve praise for standing up to the unholy machinations of Ram Madhavs and the factotums of the tribe and saved us from the ignominy of being ruled by the band of defectors . How tragic , we are at the mercy of so called Kashmir experts who have no knowledge of Kashmir and its politics . They have not only created mess in the state but also made GOI’s position awkward at the international theatre . Ram Madhav and the local BJP people must know that after accusing NC , PDP and local INC Unit of working at Pakistan’s biddings – separatist being already on the other fence –who is left in the Valley to sing Delhi’s tune ? Aren’t they by these irresponsible statements belittling the sacrifices of thousands of Kashmiri Muslims who died for India . There is no wisdom in burning one’s house in order to stop others entering therein . By insinuating that valley centric parties work at the behest of Pakistan the ‘ bakhts ‘ have validated the two-nation theory . Mohammad Ali Jinnah must be smiling in his grave .


G OI can invent number of reasons to forestall ‘ unwelcome ‘ political combination from coming to the power but to use security argument to deter the democratic institutions to function is a dangerous proposition . It is inappropriate to factor in this element while picking up a political dispensation for the honor . It will generate undesirable impression that certain religious denomination cannot be trusted to rule the state . It is preposterous to assume that ‘security aspect will be taken care of only when a regime of a particular demography is at the helm .


There is talk of third front in the air . No harm in having many political fonts in the state , ready to abide by the constitution of the country . But for the justification of third front there must be two fronts in the existence . You can’t annihilate the existing political formations by unethical means . It will be suicidal for the nation to think of a political landscape in Kashmir minus NC or PDP . For a healthier and democratic atmosphere they must have due space . Having reposed faith in the national mainstream these parties can’t be made irrelevant
One can appreciate a party fighting political battle , solo . It can’t afford yielding space to the other, however likeminded that may be . We understand that NC and PDP have to protect their respective turf . They can’t go together on all issues . But is the larger interest of the state and a peculiar status within the Union these parties will have to wag many a battle , together The latest development shouldn’t be a one off event . Their coming together may not be dependent on each other’s grace Nor should such an initiative be contingent on ‘ events ’ as to be invoked ‘ conveniently’ .
If not for anything else , just to save young lives NC and PDP must reinvent themselves /




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(The author is a Former Principal District & Sessions Judge. Feedback- [email protected] )



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