NC should file proper petitions in Courts for release of all political activists & for plebiscite. By Hem Raj Jain
17 Sep 2019
This refers to the statement of the National Conference (NC) on September, 16 that the party would take legal course to challenge the detention of its party President Farooq Abdullah under the ‘Public Safety Act’ (PSA) in J&K as reported at https://indianexpress.com/article/india/farooq-abdullah-slapped-with-psa-may-remain-under-detention-for-two-years-or-longer-5999422/
It is high time the NC realizes that the present unfortunate situation in J&K [where Kashmir is under lock-down since August 5, 2019 after Government of India (GoI) unconstitutionally & illegally got Article 370 of the Constitution amended, Article 35-A repealed and State of J&K bifurcated in two Union Territories] is the result of the NC itself playing over-smart on the issue of the political fate of J&K. Even now if the NC discharge its political responsibility properly (by filing writ petition in J&K High Court and SCI) then not only the office-bearers and members of the NC but all the political detainees (detained and arrested including after August 5, 2019) can be got released but the solution of Kashmir problem can also be achieved to the satisfaction of all concerned, as explained below:-
(1)- First and foremost the NC should understand that the NC is not a party like other parties in J&K because it was on the support of the NC (through its popular leader Late Mr. Sheikh Abdullah) that (despite Junagarh and Hyderabad which came to India, being Hindu majority princely States) the Muslim majority J&K did not go to Muslim theocratic Pakistan but came to Hindu majority secular socialist (welfare-State) India through ‘Instrument of Accession’ (IoA). The NC should further understand that the support of entire J&K (including PoJK) was so certain that Pakistan (which is NOW day-in and day-out demanding plebiscite in united-J&K) could not dare to go for plebiscite after UN resolution 1948 (which mandated plebiscite in united-J&K) rather sabotaged UN resolution 1948 by not vacating PoJK (a precondition for plebiscite).
(2)- Now the situation has reversed. Presently India is unnecessarily worried that the Muslim majority area of united-J&K may go to Pakistan if plebiscite is carried-out in united-J&K. This apprehension of India is due to simple reason that India has compromised on both the fronts namely the secularism and welfare-State. What is most unfortunate is that this has not only emboldened Pakistan to demand plebiscite but has also made - [in face of the demand of some separatists who all along have been in very small minority (despite temporary anger due to said ill-conceived legislative & administrative actions of the GoI on and after August 5, 2019) and will again be in very small minority] - the GoI to inflict atrocities on the people of J&K (mainly to Muslim Kashmir). The GoI unnecessarily (in addition to lockdown of Kashmir since August 5, 2019) has been making its security forces (instead of retrieving PoJK for carrying out plebiscite) to show their ‘bravery’ by training their guns mainly at civilians of Kashmir under the protection of AFSPA, PSA etc.
(3)- No doubt the NC (which brought Muslim majority J&K to India) is mainly responsible for this unfortunate situation in J&K because the NC could have restored secularism and welfare State in India and could have easily paved the way for plebiscite in United-J&K in favor of India (which the NC still can do) but it did not do so despite repeated requests and reminders to the NC about it. Hence now when entire leadership of the NC is under detention and arrest now at-least the NC should realize its political responsibility towards the people of India and especially of J&K and double so of Kashmir valley and should do the following:-
(i)- First the NC should understand that the link between India & J&K is not through Article 370 & 35-A but through IoA as these Articles came in existence much after IoA. The purpose of Article 370 & 35-A are (A)- To ensure outsiders-free J&K to facilitate free & fair plebiscite and (B)- Pending plebiscite, for the purpose of managing J&K politically, administratively and legally ONLY as per the wishes of the people of J&K as expressed by laws made by legislature of J&K and as per the laws and Constitution of India applicable to J&K to the extend consented by the legislature of J&K. -- Therefore repeal of Article 35-A and amendment of Article 370 of the Constitution are unconstitutional and against the spirit & letter of IoA.
(ii)- The NC should immediately file writ petition in J&K High Court (generally as per online petition which seems to not have been admitted as it was not filed in person) as reported at http://wadikinews.com/public-interest-writ-petition-under-article-226-of-the-constitution-with-respondents-i-the-union-of-india-ii-the-state-of-jk/ . In this writ petition the NC should also pray that all the political detainees, arrested, imprisoned under any law (including those who demanded separation before or after August 5, 2019) should be made free because as per IoA it is the legal right of the people of J&K to (in plebiscite) opt either for India or for Pakistan or for becoming independent. This writ petition should be filed in J&K High Court because the jurisdiction of High Court under Article 226 is wider than of Supreme Court of India (SCI) under Article 32 of the Constitution.
(iii)- Hindu majority rest of India has failed to restore secularism and welfare-State hence Muslim majority J&K should take the lead and for this the NC should become a truly national party. For achieving these -
(A)- In the interest of restoring secularism the following five writ petitions should be filed in Supreme Court of India (SCI) as mentioned at https://www.pakistanchristianpost.com/opinion-details/3316
(B)- For bring welfare- before filing writ petition SCI the NC should demand (by demonstration all over India which will bring members to the NC in huge numbers for all across India) the recovery of Rs ~ 1,000 Lakh Crore / Trillion (for solving economic problems of economically humble Indians, the overwhelming majority of India) Income tax from ~ 1 million tax evaders as mentioned at https://timesofindia.indiatimes.com/business/india-business/Prominent-people-hiding-taxable-income-Jaitley/articleshow/51408323.cms and as expected also by ‘United Nations Convention Against Corruption’ (UNCAC) of which India too is a signatory.
It is hoped that now when the leadership and other office bearers and member of the National Conference are under detention, arrest and jailed then (instead of giving lip service to the cause of J&K) the NC will become truly national party and will do as mentioned above (including writ petitions in J&K High Court and Supreme Court) so that process of the assimilation and integration of Muslim majority united-J&K into Hindu majority secular, socialist (welfare-State) India can be completed in 2019 which was started by the NC itself in 1947.