Stir in support of Art. 35A intensifies
National Conference, Peoples’ Democratic Party protest against quashing of provision
As protests in support of Article 35A of the Constitution are gaining momentum in Jammu and Kashmir, activists of two mainstream regional parties-National Conference (NC) and Peoples’ Democratic Party (PDP) on Saturday joined the chorus by marching along the streets of summer capital Srinagar separately to warn that quashing of the provision will leave adverse impact on the relationship between the State and the rest of the country.
Meanwhile, the State government has moved an application in the Supreme Court seeking adjournment of hearing on a bunch of petitions which challenge the constitutional validity of Article 35A and Article 370.
The J&K law department has in its plea submitted through its counsel sought adjournment in hearing of the petitions in the Apex Court in view of a possible law and order situation and citing upcoming Panchayat and urban local body elections in the State. “On the account of the ongoing preparations for the upcoming panchayat/urban local body and municipal elections,” the State government is seeking an adjournment of hearing in the case, a letter from Shoeb Alam, counsel for Jammu and Kashmir government, to the registrar of the SC sent on Friday said.
J&K is under Governor’s rule since June 20 after the Mehbooba Mufti-led coalition government collapsed as the BJP walked out of its alliance with her Peoples’ Democratic Party (PDP).
Governor, N.N. Vohra, is also learnt to have written a letter to Home Minister Rajnath Singh, saying that the issue of Article 35A should not be dealt with till a popular government has been formed.
A three-bench of the Supreme Court is scheduled to resume hearing on a petition seeking removal of Article 35A on August 6. The petition filed by an NGO, ‘We the Citizens, believed to be an RSS think-tank, in 2014 challenges 35A on grounds that it was not added to the Constitution through amendment under Article 368 and that it was never presented before Parliament, and came into effect immediately.
In another case filed in the SC in July last year, two Kashmiri women argued that the State’s laws, flowing from Article 35A, had disenfranchised their children. The SC was also hearing yet another plea challenging the validity of Article 370.
The petition challenged the April 11, 2017 order of the Delhi High Court rejecting a plea saying nothing survives in it as the Apex Court has already dismissed a similar prayer on the issue. The SC has clubbed all these petitions in one and has listed it for hearing on Monday before a bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud.
While an alliance of key separatist leaders has called for a two-day strike across the State from Sunday over the alleged “onslaught” against Article 35A, Mufti had on Friday warned that fiddling with J&K’s special status would have “catastrophic ramifications” for the entire country.
“As I have already stated before, fiddling with J-K's special status will have catastrophic ramifications for the entire country,” she tweeted.
Meanwhile, Kashmir Valley and a few areas in Jammu region on the fifth consecutive day on Saturday witnessed protests in support of Article 35A of the Constitution with activists of NC and PDP parties joining the chorus of many by marching along the streets of summer capital Srinagar separately to warn that quashing of the provision will leave adverse impact on the relationship between the State and the rest of the country.