J&K bar body to file petition
SRINAGAR: The Jammu and Kashmir Bar Association on Wednesday said it would send three lawyers to file an intervention application in the Supreme Court to defend the Constitutional provision that allows the state legislature to define ‘permanent residents’ and confer special rights on them.
A petition challenging Article 35A’s constitutional validity is coming up for hearing in the court on Monday amid fears in the state that the BJP was planning to revoke the provision to change demography of the state.
“We filed a 500-page document on Wednesday before the SC explaining this is the only constitutional link between J&K and the Centre,’’ general secretary of the High Court Bar Association Ghulam Nabi Shaheen told Hindustan TimesHT. “In this case, the Centre didn’t file the counteraffidavit and the state also filed a short reply in the court. Since we fear that both the state and Centre are negligent and are not taking it seriously, we have asked that we should be allowed to defend this case as a party. Now it is up to SC to take the decision.’’
Separatist leaders Mirwaiz Umar Farooq, Yasin Malik and Syed Ali Shah Geelani have called for a two-day shutdown on August 5 and 6 and threatened a mass agitation if the provision is declared invalid.
Officials aware of the development said governor NN Vohra had sought deferment of the hearing and has taken up this issue with Union home minister Rajnath Singh. He has urged the Centre to defer the hearing until an elected government is back in the state. J&K has been under the governor’s rule since the Peoples Democratic Party (PDP) lost power in June following BJP’s withdrawal of support to its government.
Both PDP and its arch rival, former chief minister Omar Abdullah’s National Conference, have warned against the removal of Article 35A, saying it will have serious consequences.
The BJP has said it will abide by the court’s decision. “Whatever will be the decision of court the people of India should obey that. The PDP, NC has been changing statements, but we will abide by the decision of the court.’’
However, BJP spokesman Altaf Thakur said that party believes one flag, one law and one nation and the Article 370 and 35A are biggest hurdle in that.
KASHMIRI TRADERS’ BODY STAGES PROTEST
Meanwhile, members of trade bodies held a demonstration in favour of Article 35A in Srinagar on Wednesday. They carried banners and placards requesting the apex court to dismiss the petition challenging the provision.
Kashmir Chamber of Commerce and Industry president Javid Ahmad Tenga warned the situation could go out of hand and people in Kashmir could go to any extent to defend the provision.