Former Chief Minister, Omar Abdullah, today cautioned Chief Minister Mehbooba Mufti about the “designs” of the Bharatiya Janata Party to revoke the special status of Jammu and Kashmir.
“You accuse us of making issues of non-issues. But I tell you issues are not created by us (opposition). Issues (controversial) are being created by the government. I am informing you about coming issue and it is about the Article 370 and Article 35 (A). The BJP will use the judiciary to do away with the special status of J&K,” Omar said in the Legislative Assembly in Jammu.
The Supreme Court is hearing a petition filed by an NGO seeking that Article 35(A) be struck down. The plea said the state government, under the guise of Article 35(A) which grants special autonomous status to the state, has been discriminating against non-residents who are debarred from buying properties, getting a government job or voting in the local elections.
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As the Chief Minister was in the House, Omar cautioned her that the BJP’s silence over the special status shouldn’t be construed that the party has given up on the special status of Jammu and Kashmir.
“The party might not be thinking about using the legislative course but it will surely use the judicial route”, Omar said as the House heard him with pin drop silence. The Bharatiya Janata Party is in coalition with the Peoples Democratic Party in Jammu and Kashmir.
Omar said if the Chief Minister would take the challenge to the Article 35 (A) the way the state government dealt with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (also known as the SARFAESI Act), then the state will have to face difficult times.
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In July 2015, J&K High Court had invoked J&K’s special status to suggest that various provisions of SARFAESI Act were outside the legislative competence of the Parliament in case of Jammu and Kashmir. The High Court had said that SARFAESI was in collision with Section 140 of the J&K Transfer of Property Act and was inapplicable to banks such as the SBI. The bank appealed before the Supreme Court. The Apex Court in December 2016 rejected Jammu and Kashmir High Court’s view that the J&K Constitution was equal to the Constitution of India. Jammu and Kashmir High Court had asserted the state’s “sovereignty” and “sovereign powers”, but the Supreme Court said J&K “has no vestige of sovereignty outside the Constitution of India”.
Omar alleged that the government didn’t show seriousness to defend its case before the Apex Court in case of the SARFAESI Act. He said the government laxity in case of the SARFAESI Act with the State's standing counsel having no idea whether the government wanted to fight it or not, shouldn’t happen in case of the Article 35 (A). He repeated that the BJP has designs to revoke special status using judiciary and the Chief Minister shouldn’t allow this to happen. “Don’t tell us tomorrow that you are creating an issue of the Article 35 (A)? This (the issue) is not made by us. If you are spending crores on making a house, do spend lakhs to defend the case and get good lawyers,” he said.
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He informed the Chief Minister not to rely on the State’s Advocate General and the Standing Counsels. “If you leave this (Article 35 A) to them, then only God can save it,” he said sarcastically.
