BJP took advantage of ‘weak’ NC to abrogate Article 370 in J&K: Omar Abdullah

Srinagar : National Conference leader Omar Abdullah Tuesday said the BJP-led central government was able to abrogate Article 370 after his party was rendered weak after the 2014 elections with PDP founder Mufti Mohammad Syed declining his offer of unconditional support and stitching an alliance with those who do not have ”good intentions” towards Jammu and Kashmir. Omar asked the people to support the National Conference and make it further strong to help ”reverse the changes which were forced on the people of Jammu and Kashmir” on August 5, 2019 with the abrogation of the Article 370 and bifurcation of the erstwhile state into two union territories. In a reference to Lt Governor Manoj Sinha’s statement that his administration is working for the welfare of all the people of the union territory, and not just a select few, Omar said, ”I do not see it happening. What we see is that this government is only for the benefit of BJP and a few leaders of some Kashmir-based parties.” Addressing a public meeting at Chatroo in Inderwal assembly constituency of Kishtwar district, he said, ”We have started a fight for Jammu and Kashmir and its people following the changes which were forced on us – the changes which were possible because the National Conference was weak. If we have not lost the (assembly) seats in 2014 elections and formed the government, neither would they have removed Article 370 or Article 35A nor taken away land transferred to the people under Roshni Act or given jobs and contractors to outsiders,” the former chief minister said.

He said the BJP-led central government took advantage of the ”weak position” of the NC and snatched what was given to the people of J&K by the Constitution. ”I had foreseen such a situation and went to Mufti sahib to extend unconditional outside support for forming the government. I told him that the path he is going to treat (by forming the government with BJP) will be a disaster for J&K and we will not be able to save ourselves,” he said, adding ”I told him that I have no greed for power as I have just completed six years as chief minister and desist from bringing those to power who do not have good intentions for J&K.” Mufti had his compulsions and took a decision, he said and referred to a famous couplet ‘(ye jabr bhi dekha hai, taarikh ki nazron ne), lamhon ne Khata Ki Thi, sadiyon ne saza payi’ (much injustice has been seen by the eyes of history/when for a mistake made by a moment, centuries were punished). ”We do not know how long we have to suffer for that decision,” Omar said.

Targeting the Centre, he said all its claims that the revocation of the Article 370 will bring peace, development, investment, jobs and end militancy have proved false. ”Just tell me one thing which you have achieved in the past nearly two and a half years,” he asked and said “we get tired of highlighting the developmental works done by us till 2018 but they were unable carry forward the development and even failed to depute officers to new blocks, tehsils, sub-divisions created by our government to bring governance closer to the public.” Accepting failure of the party leadership to win Inderwal assembly constituency since 2002, Omar promised a local candidate for the seat in the upcoming elections. ”Though this is not the election time and I have come to assure you that whenever the elections are declared – whether in 2022, 23 or 24 – we will give preference to the local candidate and this time there will be no candidate who will be dropped by helicopter or parachute,” he said.

Retired Air Marshal Explaining Kashmir Issue And Article 370

Retired Air Marshal Explaining Kashmir Issue And Article 370

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UN experts seek clarification from India on HR violations against three Kashmiris

United Nations human rights experts have asked the Indian government to provide details about the continuing the human rights violations against three Kashmiris.

The report seeks information on continued detention of a politician, the alleged custodial killing of a shopkeeper and the two-year-old disappearance of a teenager in Kashmir.

The communication from five experts, dated 31 March, was recently publicly uploaded on the website of the Office of the High Commissioner for Human Rights, The Wire reported.

“These allegations are part of what appears to be an ongoing pattern of serious violations of human rights by police, army, security agencies and the judiciary in the Jammu and Kashmir region, warrants in our view the most serious attention on the part of the highest authorities,” said the letter to the Indian government.

It was undersigned by special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Nils Melzer, vice-chair of the Working Group on Arbitrary Detention (UNWGAD) Elina Steinerte, chair-rapporteur of the Working Group on Enforced or Involuntary Disappearances Tae-Ung Baik, special rapporteur on extrajudicial, summary or arbitrary executions Agnes Callamard, and special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ní Aoláin.

The UN experts, who received their mandate from UN Human Rights Council, said they had received information related to “allegations of arbitrary detention, extrajudicial killing, enforced disappearance and torture and ill-treatment committed against” related to Waheed Para, Irfan Ahmad Dar and Naseer Ahmad Wani.

According to the information received by the UN experts, Para, the People’s Democratic Party youth wing president, was arrested on 25 November, 2020, three days after he filed his nomination to run for district development council elections.

Para also had participated in a closed virtual meeting with “current and future members of the UN Security Council” in July 2020, where he had raised concerns about the Indian government’s actions in Jammu and Kashmir, treatment of minorities and border tensions with China.

Following that meeting, Para allegedly received threats from officials of the National Investigation Agency (NIA) that if he didn’t stop speaking against the Indian government, action would be taken against him.

In the allegations made public regarding Para’s case, the UN experts noted that there were complaints that the PDP leader was kept “in a dark underground cell at subzero temperature, was deprived of sleep, kicked, slapped, beaten with rods, stripped naked and hung upside down”. All this has apparently been recorded, and Para was examined multiple types by a government doctor and psychiatrist.

Para, a former journalist, got bail from an NIA court in January this year. But within a few hours of his release, Para was arrested by Counter-Intelligence in Kashmir (CIK) under a different charge related to providing financial support to terrorist groups. He remains in custody.

“Our concern in the case of Mr Waheed Para is heightened by the fact that his arrest and detention appear to be linked to his interaction with UN Security Council members, which would amount to acts of reprisals for such cooperation,” said the UN experts.

Last September, members of the northern Kashmir by Jammu and Kashmir Police Special Operations Group (SOG) raided the house of a 23-year-old shopkeeper, Irfan Ahmad Dar, in Sopore and detained him. The next day, his family learned that Dar had died.

The police claimed that he died while trying to escape from custody. Dar’s family contested that he died in police custody. The family also filed a petition in the high court seeking a copy of the magisterial inquiry report and FIR into the alleged custodial death.

Two years ago, 19-year-old Naseer Ahmad Wani’s house was raided by a team of 44 Rashtriya Rifles (44 RR). The complaint was that Wani’s phone was allegedly being used by militant organisations.

He was beaten and taken to the police station. Since then, has family has had no news of him. The army told his family that Dar had been released, but he never returned home.

Among the eight points on which India’s clarifications were sought, the UN experts sought urgent information “on the fate and current whereabouts of Mr Naseer Ahmad Wani”.

They also asked for details of investigations into allegations made about the treatment of the three Kashmiri men. “If no investigation has been initiated, please explain why and how this is compatible with the international human rights obligations of India,” the letter said.

The UN experts also asked for information on the factual basis “justifying the recourse to terrorism related charges levied against Mr Waheed Para, and how this is compatible with the obligation to pursue counter-terrorism obligations consistent with international law as set out inter alia the United Nations Security Resolution 1373”.

They asked for clarification on whether the move was compatible with the “reasonable understanding of the definition of terrorism in international law norms including the United Nations Security Council Resolution 1566 (2004) and the model definition of terrorism provided by the mandate of the Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism”.

Time to move beyond mentality of beggar state to create a better state: Narendra Modi in J&K

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Glad that after my call for a debate on Article 370, it is being widely debated among people & across

Wounds of suffering caused to various communities in J&K are still fresh in our hearts. We need to talk about uniting instead of dividing. No one can ignore sufferings of the Kashmiri Pandits for so many years. We remain committed to working towards justice for the community. It is said about J&K- if there is heaven on earth, it is here. We all need to work to make J&K a heaven of peace, integration & diversit. 

TV, social media. However, we need rational & focused debate not only on 370 but other issues relating to J&K, including suffering of sections of J&K society.

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          National Conference - JKLF -Dr. Sheikh Jalal's death

Narendra Modi calls for debate on Article 370

For 14 years no PM had gone to Jammu and Kashmir. Atal ji changed that and went to Jammu and Kashmir. He gave 3 Mantas- Insaniyat, Jamhuriat and Kashmiriyat: Narendra Modi 

For 60 years they have been talking about separate state but the people got nothing. Wouldn’t it have been better if they had worked towards creating a super state: Narendra Modi 

Centre is in deep slumber. No amount of people’s anger can awaken it: Narendra Modi 

Time to move beyond mentality of beggar state to create a better state: Narendra Modi 

Narendra Modi shares his vision for J&K’s development 

Narendra Modi addresses Lalkaar Rally in Jammu

 

 

 

 

 

 

BJP, Kashmir and Article 370

Srinagar, Jan. 30: It is impossible to think of abrogation. It can’t be amended by taking recourse to the usual provision of amendment provided by the Constitution of India, article Zahoor Hussain Bhat in Rissing Kashmir.

At the time of partition of Indian Subcontinent, India was conceived as a federation of States. Upon the creation of the independent Dominion of India, the princely States of the erstwhile British India were offered the choice to join either the Dominion of India or the Dominion of Pakistan.

 A third alternative of remaining independent of the two Dominion was also offered by the Dominion Power. In case of Jammu and Kashmir the Maharaja of Kashmir signed the Instrument of Accession to the Dominion of India. Under this Instrument, he surrendered the jurisdiction of three subjects-Defence, External Affairs and Communications. This action of the Maharaja was endorsed by the premier Political Party of the State, National Conference. The accession of the State thus established and was given legal and constitutional validity and sanction by the incorporation of Article 370 in the Indian constitution which defined the State’s special relationship with India.

The State is yet to recover from 2010 shock that has consumed its economy and lives. Now the BJP desires to set the Valley on fire again. The plan to hoist tricolor at Lal Chowk by BJP Youth Wing Bharatiya Janata Yuva Morcha’s (BJYM) has already started a war of words with separatists, the Chief Minister Omar Abdullah sees it as an unnecessary provocation. Ironically BJYM Chief Anuraj Thakur said, “Tensions were created because of stone pelting incidents. Many soldiers of the country were wounded. Was there no tension then? We are hoisting the flag for national integration. We want Article 370 to go and Jammu and Kashmir to be fully integrated with India.” This clash is nothing but of egos.           

BJP may hoist the tricolor at the historic Lal Chowk but it is impossible to think of abrogation of Article 370. Article 370 can not be abrogated or amended by taking recourse to the amending provisions of the Constitution which apply to all the other states because Article 368 has a proviso that says no constitutional amendment “shall have effect in relation to the State of Jammu and Kashmir” unless applied by order of the President under Article 370. That requires first the concurrence of the State government and subsequent ratification by its Constituent Assembly.

Article 370 of the Constitution is reproduced for the readers;
370. Temporary Provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution.
(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to;
(i) those matters in the Union list and the Concurrent list which, in consultation with the Government of the State, are declared by the President to correspond to matter specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matter with respect to which the Dominion Legislature may make laws for that State;
(ii) such other matters in the said lists, as, with the concurrence of the Government of the State, the President may by order specify.
Explanation: For the purpose of this article, the Government of the State means the person for the time being recognised by the Presidents the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subjects to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of the clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

A careful study of the text reveals six special provisions for Jammu and Kashmir:

First, it exempted the State totally from the provisions of the Constitution of India providing for the governance of the States. It was allowed to have own constitution within the Indian Union.

Second, Parliament’s legislative power over the State was restricted to three subjects defence, external affairs and communications. The President could extend to it other provisions of the Constitution to provide a constitutional framework if they related to the matters specified in the Instrument of Accession. For all this, only “consultation” with the State Government was required since the State had already accepted them in 1947 by the Instrument of Accession.

Third, if other “constitutional” provisions and other Union powers are to be extended to the State of Jammu and Kashmir the prior “concurrence” of the State Government was required.

The fourth feature is that even that concurrence alone did not suffice. It had to be ratified by the State’s Constituent Assembly. This is often overlooked. Article 370 (2) says clearly: “If the concurrence of the Government of the State be given before the constituent assembly for the purpose of framing the Constitution of the State is convened, it shall be place before such Assembly for such decision as it may take thereon.”
The fifth feature is that the State Government’s authority to give the “concurrence” lasts only the State’s Constituent Assembly is “convened”. It is an “interim” power. Once the Constituent Assembly met, the State Government can not give its own “concurrence”. Still less, after the Assembly met ad dispersed. Moreover, the President can not exercise his power to extend the Indian Constitution to Jammu and Kashmir indefinitely. The power has to stop at the point the State’s Constituent Assembly drafted the State’s Constitution and decided finally what additional subjects to confer on the Union and what other provisions of the Constitution of India it should get extended to the State rather than having their counterparts embodied in the State Constitution itself. Once the State’s Constituent Assembly has finalised the scheme and dispersed, the President’s extending powers ended completely.

The sixth special feature the last step in the process, is that Article 370 empowers the President to make an order abrogating or amending it. But for this, also “the recommendation” of the State’s Constituent Assembly “shall be necessary before the President issues such a notification”.Writer can be contacted at:  zahoorbhat786@yahoo.in