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| NC & PDP cannot treat Article 35A at par with Article 370 as 35A was ultra vires:Bhim | | Jammu, September 25 (Scoop News)-NPP Supremo, Prof. Bhim Singh has advised those political parties in J&K including NC and PDP that they should not treat outgoing Article 35A at par with Article 370, though 370 was a temporary provision and Parliament could have removed it from the Constitution. About Article 35A, NPP Supremo said, that this provision was a Presidential amendment law which was applicable only for 6 months within the meaning and scope of the Presidential Ordinance. President of India has a constitutional power to introduce a temporary amendment in the Constitution for only six months. According to the Constitution of India any law introduced by the President cannot last for more than six months unless Parliament of India shall exercise its power to make it a law in procedure prescribed in the Constitution. NPP Supremo a Barrister at Law in England and Master of Laws from London University has dispatched this note to all the political parties in Parliament and the Legislature in this respect. It is important for all the constitutional experts to note that Article 35A was introduced by the President in 1954 to give a temporary relief to Jammu & Kashmir to ensure the validity of the detention of Sheikh Mohd. Abdullah who was dismissed as Prime Minister of J&K in 1953 on Nehru’s direction by the then Sadar-e-Riyasat of Jammu & Kashmir, Dr. Karan Singh. Sheikh Abdullah’s Advocate Barrister Dingal Foot had argued the case of Sheikh Abdullah declaring that he could not have been kept in illegal detention as there was no blanket detention law in J&K. At that time, in 1953, Fundamental Rights in the Indian Constitution were applicable to all the citizens of India residing in Jammu & Kashmir. Sheikh Abdullah could not have been detained illegally. This contention of Mr. Dingal Foot compelled Nehru to remove the control of/amenity granted by the Fundamental Rights under Article 14, 19 and 21 of the Constitution of India. It was on the request of the then Prime Minister of India, Pt. Jawaharlal Nehru that the then President, Dr. Rajendra Prasad issued ordinance in 1954 which could function only for six months. The Parliament could not have brought Fundamental Rights in an Indian State (Jammu & Kashmir) under draconian law. Fundamental Rights were available to every Indian citizen, including Sheikh Mohd. Abdullah in Jammu & Kashmir. This amendment was made by the President only for six months. It was unfortunate, Prof. Bhim Singh said that this dark law, amendment remained in forced for nearly 70 years in J&K. The Indian citizens remained denied/deprived of all the Fundamental Rights by the respective government. Bhim Singh himself with several student leaders in Jammu & Kashmir spent several years in detention under this law. It was Sheikh Abdullah in 1978 who brought a draconian law called Public Safety Act (PSA) in Jammu & Kashmir when Prof. Bhim Singh was sitting MLA from the Congress and he was the first person to be arrested under PSA in 1978 following Poonch agitation. Several political leaders suffered from the sword of PSA since 1978 though PSA was an illegal law as it violated the basics of the fundamental freedom provided in the Constitution of India. It was only Jammu & Kashmir in India where Indian citizens including Sheikh Mohd. Abdullah, Mirza Afzal Baig and even Prof. Bhim Singh with several student leaders spent jail under PSA even when he was a Congress MLA.
Prof. Bhim Singh said that he has noted this paragraph from his personal book written on Massacre of Fundamental Rights in J&K.
Prof. Bhim Singh carried a strong message to the former Chief Ministers including Dr. Farooq Abdullah, Ms. Mehbooba Mufti and Omar Abdullah that they had misused this law for their benefits to remain in illegal power in Jammu & Kashmir. He reminded Dr. Farooq Abdullah and other political leaders of PDP, NC and others that PSA was unconstitutional as Supreme Court of India has made several observations in this regard in the writ petitions of Prof. Bhim Singh before the Supreme Court.
Prof. Bhim Singh conveyed to the political leaders from Kashmir Valley including NC and PDP that they cannot be allowed by any legal system to defend both Article 35A and Article 370 by keeping them in one basket.
Prof. Bhim Singh said that Panthers Party shall be organizing a confederation of all political parties in Jammu & Kashmir in this regard. He said that Article 370 was a special privilege granted by Parliament of India at the time creating Constitution of India. It is very important, Prof. Bhim Singh informed all the Indian leaders and Constitutional experts that Instrument of Accession signed by Maharaja Hari Singh has yet to be rectified by the Parliament of India because the Instrument of Accession signed by Maharaja Hari Singh has not been fully endorsed/applied with the Constitution of India even today when Article 370 has been amended though BJP leaders claim that Article 370 is finished. This matter needs an open discussion in the Parliament lest India faces a waterloo even inside the United Nations someday.
Prof. Bhim Singh has warned the short sighted Kashmiri leaders to learn from the golden pages of the history of the Indian Constitution which was imposed on 26 January, 1950. This is very important for constitutional experts and nationalists’ leadership to keep in mind that Instrument of Accession signed by Maharaja Hari Singh has yet to be made applicable within the meaning and scope of the Indian Constitution. He declared that the meeting of the Coordination Committee of all representatives of Jammu & Kashmir from both sides of the undivided state shall be invited. It was Prof. Bhim Singh who had organized two successive conferences in Delhi in 2005 & 2007. The third one in the only way to settle the so-called issue of Jammu & Kashmir which had acceded to the Union of India in October 1947 in accordance to the law laid down by the British Parliament in 1946.
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