NEW DELHI, Nov 18: Prof.Bhim Singh, Chief Patron of National Panthers Party & former Legislator of J&K Assembly for 15 years has expressed gratitude to those political parties and Parliament Members who attacked government in Lok Sabha and Rajya Sabha over the detention of Dr. Farooq Abdullah, a sitting Lok Sabha Member and others. Prof.Bhim Singh while appreciating the bold and courageous intervention of the opposition MPs in Rajya Sabha and Lok Sabha reminded them that the Public Safety Act, J&K under which Farooq Abdullah and others are detained has ceased to operate since August 5, 2019 the day the President of India withdrew Article 35-A from the Constitution of India. It was only Article 35-A in the Indian Constitution which had given dictatorial power to the J&K Assembly in 1954 under Presidential Order.
NPP Supremo, a Constitutional Lawyer, says that the President of India had withdrawn the order and therefore any power vested in the Govt. of J&K under Article 35-A has ceased to operate. He had written an urgent letter to the President of India in this regard urging for an appropriate instruction to the Lt. Governor of J&K who is subordinate to the President of India as State of J&K has been under President’s Rule. It is therefore very clear that any detention of any Indian citizen cannot be made beyond 90 days (three months). The Detention Law under the Constitution of India does not allow any detention without trial for more than three months. The Jammu and Kashmir sitting Member of Parliament Dr. Farooq Abdullah has been under detention for a period which is more than three months. He could not have been detained without trial beyond 90 days.
Prof.Bhim Singh urged the President of India for his direction to the Govt. of Jammu and Kashmir to set all prisoners at liberty in Jammu and Kashmir who have completed 90 days in detention.
Prof.Bhim Singh strongly appealed to all sitting Members of Parliament in Rajya Sabha or Lok Sabha to take up this issue as the detention of sitting MP Dr. Farooq Abdullah and others is illegal, unconstitutional and all detenus are liable to be paid reasonable compensation for unconstitutional detentions as the Supreme Court did in case of Prof.Bhim Singh MLA Vs. State of J&K & Ors (1985, Vol.4, Page 677) awarding a compensation of Rs.50,0000/- (Fifty Thousands Only) for his illegal detention in Jammu and Kashmir. He strongly appealed to the President of India to take an urgent decision in this regard in consultation with the Attorney-General of India, Mr. K.K. Venugopal who is aware of all implications involved in Jammu and Kashmir Detention Laws. Prof.Bhim Singh held an urgent meeting of State Legal Aid Committee, J&K at his office in New Delhi which has decided to take up this matter with the Supreme Court of India in case all detentions under Public Safety Act in J&K are not withdrawn. He also said that he shall fight for the immediate release with compensation of Dr.Farooq Abdullah, Lok Sabha MP and others also. He reminded the State Legal Aid Committee that he (Bhim Singh) spent more than eight years in prisons/detentions in J&K under Public Safety Act which was invoked against him more than 50 times by Sheikh Abdullah, Dr. Farooq Abdullah and other Chief Ministers during their tenure. He said that he was released more than 40 times by the directions/orders of the Hon’ble Supreme Court of India while the senior noted Advocates in the Supreme Court including Mr. R.K. Garg, Mr. D.P. Singh and Mr. Ram Jethmalani, Mr. K.K. Venugopal and others had been pleading the cases in the Supreme Court without charges a single penny rather spending money from their pockets to file writ petitions in the Supreme Court right since 1978 till yesterday.