Secessionists manage valley shutdown against judicial review of Art-35A

Jammu and Kashmir Chief Minister Mehbooba Mufti and Prime Minister Narendra Modi

Jammu and Kashmir Chief Minister Mehbooba Mufti and Prime Minister Narendra Modi

Addressing a roundtable conference on Article 35A in Srinagar, senior lawyer, Zafar Shah said that the writ petition against Article 35A filed by an NGO "We the Citizens" is a sponsored petition and the Indian government and its puppet regime in the territory are also a party to the case. The Art 35A is in direct violation of the fundamental right as the non-resident Indian citizens can not have the rights and privileges, same as permanent residents of Jammu and Kashmir.

"We demand that the rights of all the people of all the three regions-Jammu, Kashmir and Ladakh-should be protected and there should be no discrimination".

When Article 35A was introduced in 1954 it superseded J&K state subject law enacted by Maharaja in 1927. "If the GoI will scrap the Article 35-A then whole Article 370 will collapse its own". Therefore, Article 35A is in direct violation of Article 14. Fundamental rights are also part of the basic structure of the Indian Constitution, which can not be amended at all as the apex court has stated.

The Chief Minister said any attempt to change or abrogate Article 35 (A) was akin to questioning "the idea of India that has to accommodate with the idea of Jammu and Kashmir".

Mirwaiz, who continues to be under house detention at his Nigeen residence, in a statement said that after doing away with the fiscal autonomy of J&K, efforts are underway to do away with the special status of J&K by challenging Article 35A in the Supreme Court. The Presidential Order of 1954 was the most detailed of such orders and was issued to implement the agenda of the Delhi Agreement of 1952, which was signed between the Union of India and the State of Jammu and Kashmir.

While political rhetoric over J&K's separate Constitution and state flag continue to dominate the discourse, the BJP in its core base of Hindu-majority Jammu effectively blocked the government's move to allot mining contracts to non-residents of the state previous year.

It is high time that the Supreme Court takes cognisance of this matter. She added that Mr Modi "gave 100 per cent assurance on the agenda of alliance". Chief Minister Mehbooba Mufti said that there is an improvement in the situation in Jammu and Kashmir. She has already met with the opposition leader Farooq Abdullah seeking support on the issue. The facts and opinions appearing in the article do not reflect the views of NDTV and NDTV does not assume any responsibility or liability for the same.

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