JAMMU, Nov 16: Prof.Bhim Singh, Chief Patron of National Panthers Party & former Legislator of J&K Assembly and the Council made a strong appeal to the Speaker of the Lok Sabha, Mr. Om Birla urging him to direct the Govt. of Jammu and Kashmir to release the sitting Lok Sabha MPs including former Chief Minister Dr. Farooq Abdullah and others so that the MPs shall not be deprived of their fundamental rights to attend the Parliament Session which starts from November 18, 2019. The NPP Supremo said that the President should also intervene and issue appropriate direction to the Managers of J&K Govt. to release all those detained under Public Safety Act which has ceased to operate the day Article 35-A was washed away/deleted from Chapter-III of the Constitution of India. Prof.Bhim Singh in his letter to the Speaker of Lok Sabha urged that,
“I am taking this liberty being the Chief Patron of a recognized state political party, J&K National Panthers Party urging your honour for your kind intervention to ensure that all the Lok Sabha MPs from all political parties or in a position to attend the Lok Sabha Session w.e.f. from November 18, 2019.
It is submitted that the Lok Sabha Members from Kashmir Valley, three of them belong to National Conference, a state recognized political party. The leader of the party Dr. Farooq Abdullah, a former Chief Minister of J&K is also a sitting Member of Lok Sabha from Kashmir itself. The National Conference Lok Sabha MP, three of them are under the detention of Government of Jammu and Kashmir under State’s draconian and unconstitutional detention law. I feel it urgent and highly important to convey this request to Your Excellency, the Hon’ble Speaker of the Lok Sabha for your kind intervention so that all the three National Conference MPs including Dr. Farooq Abdullah are allowed to attend the Lok Sabha session from the first day. It is urgent to mention that the sitting Parliament Member namely Dr. Farooq Abdullah has been detained since August 5, 2019 under a State’s Detention Law called Public Safety Act which lost its legal sanctity and its application the day President of India expunged/withdrew the Presidential Ordinance which was issued in May 1954 for Jammu and Kashmir. It was valid for six months only till it was kept going till 2019 till was withdrawn/expunged by the President of India on August 5, 2019. This Public Safety Act is no longer applicable and therefore no state authority has any power to detain anybody under Public Safety Act after Article 35-A was withdrawn from Constitution of India. From that day any law made by the State of J&K curbing any fundamental right provided in Part-III of the Constitution of India stands annulled. Therefore any detention may against any citizen of India in Jammu and Kashmir after August 5, 2019 is unconstitutional, illegal and malafide.
It is submitted that the detention of three sitting Lok Sabha Members under Public Safety Act is highly objectionable and unconstitutional. It is submitted that Lok Sabha will sit in session from November 18, 2019 and therefore all the Lok Sabha MPs from Jammu and Kashmir including three from Kashmir Valley presently detained in Kashmir deserved to be released forthwith.
I strongly urge the President of India for his intervention and clear direction to Lt. Governor of Jammu and Kashmir to release all the sitting Lok Sabha Members forthwith unconditionally and provide them boarding facilities in the first available flight to New Delhi on Sunday so that none in the world shall be able to raise a finger against the application of democracy in Jammu and Kashmir in particular. The Govt. of J&K may be directed to release all those detained under PSA in the jails/government accommodations/hotels/private houses in J&K in the interest of democracy and rule of law which is under threat today because J&K has been deprived even its state status. The status of J&K deserves to be restored without any delay so that the citizens of India in J&K shall also enjoy the fruits of democracy and rule of law which prevails in the rest of the country.”
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