JAMMU, Nov 02: Addressing a press conference at NPP Headquarters Jammu, Prof. Bhim Singh, Chief Patron of J&K National Panthers Party urged the President of India for his urgent intervention on J&K affairs so that the present situation emerging because of the declaration to constitute Two Union Territories in Jammu & Kashmir shall not take volatile turn.
(a). NPP Supremo said that an urgent convention shall be organized in the middle of November after the Supreme Court of India decides the case on the Constitutional validity before the Court. Several petitions were moved before the SC and the Supreme Court has reserved the judgement. This judgement of the Supreme Court shall provide a guide line to the political parties in J&K as well as to the government as to what needs to be done after the judgement of Supreme Court on the status of Article 370.
(b). Prof. Bhim Singh said that Article 35A was an Ordinance of the President imposed on May 1954 by the President of India, Dr. Rajendra Prashad and has been withdrawn by the President of India, though, in 2019. The legal status of Article 35A has lost its credibility and therefore it was withdrawn by an Ordinance of the President in 2019. This was the reason that Article 370, a temporary provision was abrogated/amended by the Parliament on 5th August, 2019 and some political parties challenged this Act of Parliament. This is very pertinent to understand for all parliamentarians, thinkers, statesmen & the media that the Parliament has not/could not have touched Article 35A as it was only a Presidential Ordinance issued in 1954.
(c). This is also important to understand that Jammu & Kashmir had State Subject presently amended by the J&K Assembly as “Permanent Resident Law” for those permanent residents who had been residing in J&K since 1947 in J&K. The law providing residential status to the Permanent Residents of J&K was accepted/agreed by the Constituent Assembly when Constitution of India was written. Article 11 of J&K of Indian Constitution also provides that all those laws/rules/ordinances etc. which were evolved in J&K like State Subject shall not be disturbed after the State stood integrated with the Union of India. This law, State Subject/Permanent Residents Law was accepted by the Constituent Assembly and the Constitution of India guaranteed that the law applicable to the Permanent Residents in J&K on their residential status shall not be disturbed. This is important for all those who have been beating the drums now after Article 370 has gone. This is very clear for all and the Parliament of India should take it on priority to pass a resolution in this regard that the status of the residents of Jammu & Kashmir shall not be dissolved by any authority or law.
(d).NPP Supremo declared that the Party shall also hold a ‘Convention’ in Jammu with the representatives of all political parties except BJP/ruling parties at the Centre so that this confusion is washed away forever that all permanent residents of Jammu & Kashmir shall enjoy the status of a permanent resident with all facilities which were provided by the law enacted by Maharaja Hari Singh in 1927.
(e). The National Panthers Party shall also challenge conversion of Jammu & Kashmir (except Ladakh) as a Union Territory because this law made by Parliament is totally against the command of the law laid down by the Constituent Assembly. Because the Parliament had Constitutional authority to create a State whereas the Parliament has no authority to demolish and existing State. Demolition of Jammu & Kashmir State is unacceptable, unconstitutional, illegal, improper & unacceptable.
(f). NPP Supremo said that the Party shall continue its support for reorganization of Jammu & Kashmir so that ‘Twin States’, Jammu – Pahari as well as Kashmir Ghati are constituted by the Parliament and the present Union Territory status for Jammu & Kashmir is withdrawn.
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