New Delhi: “I am taking this liberty seeking your kind intervention to ensure safety, integrity and application of all fundamental rights of the citizens of India residing in Jammu and Kashmir. This is not surprising that Jammu and Kashmir acceded to the Union of India in 1947 and it enjoyed parliamentary system and democracy right from day one starting from January 26, 1950 when the Constitution of India was made applicable to the Union of India”
This is surprising that Jammu and Kashmir, one of the oldest states in the Union of India was deprived of its statehood and converted into Union Territory against the mandate of the Constitution of India and the principles adopted by the Constituent Assembly while framing the Constitution.
Jammu and Kashmir has been passing through difficult times right from the day it integrated with the Union of India under the signs and signatures of Maharaja Hari Singh, the then Ruler of J&K in 1947. Unfortunately, the residents of J&K have remained subjected to many hardships and political blunders of the Central leadership. The latest situation which has emerged by the conversion of the State of J&K into two Union Territories has created an unfortunate situation only because the Central ruling leadership has failed to understand the situation and take appropriate steps according to the need and the constitutional status of Jammu and Kashmir.
I am writing this letter to the leadership of all the national and state political parties recognized by the Election Commission of India. The J&K National Panthers Party is one of the three recognized state political parties in Jammu and Kashmir, besides J&K National Conference and People Democratic Party. The J&K state has been without Legislature/Assembly since 2018 and there is no hope of fresh elections to give an opportunity to the residents of J&K to establish a democratic government in the state. The present Union Govt. has committed not only the mistakes but blunders which need to be corrected at the earliest to save the residents of J&K (citizens of India) from ruthless and undemocratic governance in Jammu and Kashmir which has been under President’s Rule following the dissolution of the state legislature since August 5, 2019. The participation of the people has disappeared and the Union Territory, Jammu and Kashmir being ruled by bureaucracy and police administrators as there is no public participation at any level and kind of anarchy has developed in Jammu and Kashmir, the residents are being ruled ruthlessly.
I have been urging the President of India and pleading with the Prime Minister of India to;
i). restore statehood of Jammu and Kashmir without any delay so that the political participation/involvement of the people of J&K shall be revived without any delay.
ii). I have been urging before the President of India for his urgent intervention to restore statehood of J&K at the earliest so that the history, culture and secular commitment of the residents of J&K is provided all constitutional safeguards. Keeping Jammu and Kashmir as a Union Territory is not only unconstitutional, but also damaging the national integration as well as history of J&K which stood like a rock since partition of India being a Muslim majority state. The brotherhood and democracy which the people of Jammu and Kashmir conveyed to the whole world is the soul of secular democracy of India which Mahatma Gandhi himself had admired in 1946 during his visit to Jammu and Kashmir.
iii). The President of India is governing the State of J&K as the Union Territory is under the President’s Rule. The same is the situation in Ladakh region which has also been converted into Union Territory. Ladakh region was affiliated with J&K by Maharaja Gulab Singh in 1846.
iv). The Hon’ble President is urged to direct the Prime Minister to allow political parties, all recognized parties to enjoy all fundamental rights enshrined in Chapter-III of Indian Constitution and are applicable to all the citizens of India, residents of J&K after the removal of Article 35-A from the Indian Constitution.
v). That all the political prisoners under the so-called Public Safety Act, deserve to be released unconstitutionally without any delay because Public Safety Act which was enacted by the Assembly in 1978 is no more applicable because J&K Legislature has no constitutional power to introduce any Law in violation of the fundamental rights guaranteed in Chapter-III of the Indian Constitution.
vi). That the state of J&K should have a Delimitation Commission which can be set up by the Govt. of India only when state is restored and Governor is returned to J&K to hold fresh elections and allow a democratic government to look after the affairs of J&K as being done in all other states of Union of India.
vii). This is an appeal to all recognized political parties both national and regional to take up this matter in the interest of rule of law, secular democracy and application of all fundamental rights in J&K at the earliest at all level.
viii). That the Election Commission of India should be persuaded that it is the responsibility of CEC to constitute a Delimitation Commission at the earliest, immediately after the restoration of statehood and the state election.
The Panthers Party urges all the national and regional politically recognized parties by the Election Commission to support the Indian citizens in J&K through their recognized political parties in J&K so that democracy is restored in J&K with its statehood, fresh elections are held so that power goes to the people and the delimitation is held at the earliest.
Prof.Bhim Singh has urged all national and state recognized political parties for their intervention to help J&K to restore the statehood of J&K with its democratic conventions and traditions so that the role of the dictatorship of bureaucracy and administration ceases to operate. This is the only way to save democracy, rule of law and involve the people of J&K for the new emergence of J&K with its secular tradition, democracy and lasting peace.