NPP Supremo disagrees with Kashmiri leaders’ demand for restoration of Art. 35-A
Prof.Bhim Singh, Sr. Advocate in Supreme Court & Founder, J&K National Panthers Party has sent a strong disagreement note to the former Chief Minister of J&K & President of National Conference conveying a straight message that there could not be any compromise with any political party for the restoration of Article 35-A which was imposed by the President of India in a Presidential Order in 1954. Prof.Bhim Singh conveyed to all political parties in J&K or other places that fundamental rights were massacred under amended Article 35-A on a letter written by Pt. Jawaharlal Nehru to the President of India in 1954. This amendment could have last only for six months which was forcibly kept alive just to grant unconstitutional power to the J&K governments to make any law (like Public Safety Act) to curb any of the fundamental rights by using a law like Public Safety Act to deprive the citizens of India residing in J&K of any of their fundamental rights.
Prof.Bhim Singh conveyed to NC President that his demand for the abrogation of Article 35-A cannot be accepted by the people of J&K who have been suffering under this dark law (Public Safety Act) even today when Article 35-A is gone. He reminded all supporters of Article 35-A of the jails/detentions the political activists fighting for freedom of speech and expression have suffered and still suffering under Public Safety Act which has been challenged in Supreme Court by Sr. Advocate Prof.Bhim Singh.
Prof.Bhim Singh conveyed to the National Conference President that Article 370 in the Indian Constitution can be discussed and its’ merits and demerits could be debated in public. He reminded all parliamentarians that the removal of Article 370 as it has been done is not in the larger national interest because it has also provided a clause empowering Parliament to look after three subjects including Defence, Foreign Affairs & Communications which were included by the Maharaja of J& handed over to Parliament which deserves rethinking by the Parliament.
Prof.Bhim Singh informed all those who have interest in the Indian democracy, rule of law and constitutional integration of J&K with the rest of the country and to promote National Integration they have to reconsider on the revival of Article 370 by the Parliament.
Prof.Bhim Singh said that there are several states including Himachal Pradesh and North-East where state jobs are reserved for the local permanent residents only. Even Class-IV jobs to the outsiders has created restlessness and anarchy in J&K. The state jobs and local civil rights cannot be thrown away to anybody from outside. This was the reason to protect the social security and legal interest of the residents of J&K Maharaja Hari Singh in 1927 issued a declaration/permanent law called, ‘State Subject’ for the interest of all the residents of state. This was the reason that Assembly of J&K made this law applicable to the, earlier call the state subject, into a permanent resident.
This matter was debated and discussed in the Constituent Assembly before approving the Constitution of India in 1949. The Constituent Assembly of India had assured that such laws as permanent residents’ law in J&K shall be kept alive and included in the Chapter-III of the Indian Constitution. Prof.Bhim Singh said that we shall try to hold a meeting of all recognized political parties including ex-legislators in J&K to discuss this concern caused by abrogation of Article 370. The Indian leadership should not ignore recognized political parties in J&K and allow them to move openly as fundamental rights are available to them also.
