Reacting over the much-anticipated decision of the Supreme Court of India pertaining to cases challenging the abrogation of Articles 370 and 35A on 5th August 2019 by Modi regime, Sheeban Ashai called it ‘litmus paper test of judicial neutrality of Apex Court’.
In a statement, party spokesperson said, JK People’s Party Chief Ashai said, “Article 370 finds its roots in instrument of accession which clearly outlined that New Delhi had authority to extend laws to J&K only pertaining three domains: defence, foreign affairs and communication. 370 as it was included in Indian Constitution on October 17, 1949 permitted erstwhile state to draft its own Constitution, restricted Indian Parliament’s legislative powers in respect of J&K.
Extention of a central law to Jammu And Kashmir mandated concurrence of the state government. What happened on 5th August 2019 was a violation of all democratic ideals in our opinion, invoking Article 365 and assuming emergency powers; terming consent of Governor as will of the people was downright unethical and undemocratic. People’s Party Supremo cited example of Kesavananda Bharti case in which 13 judge Supreme Court Constitutional Bench distinguished between a simple amendment to Constitution and rewriting a part of it; held that latter was unconstitutional as it would involve abrogating its basic structure.
In other words, the power to amend does not include the power to alter the basic structure of the Constitution. Abrogation of Article 370 corresponds to altering basic structure of the Constitution and hence unconstitutional in our view. Degrading erstwhile state to the status of Union territory was unheard of in the history of Indian democracy.
A barefaced violation of Article 3 of the Indian Constitution; Article 3 outlines that a State may be created by a union of States or Union of a state or Union Territories or a union of two Union Territories and so on, but Article 3 does not contemplate division of the State into two Union Territories, Parliament of India doesn’t have the power to extinguish a state. Downgrading a state to the status of a UT is an unabashed breach of federal structure.
Ashai lashed out at Amit Shah for yet again blurting lies in Indian parliament, few days back. Amit Shah very conveniently forgot about Junagadh, where a plebiscite was held to ascertain will of the people while speaking about union of princely states with State of India. On the question of two PM’s and two flags, Ashai questioned what was BJP doing with Nagas, issuing seperate passport and flag? What all has BJP regime approved under peace accord? Doesnt that rubbish BJP’s idea of “Ek Nishan, Ek Vidhan, Ek Samvidhan”; can anyone buy land in Bodoland, Ashai lashed out at Amit Shah and BJP for having double standards whilst dealing with Kashmir and North East.
People’s party Supremo termed JK Reorganization amendment bill unconstitutional because it contravenes representation of people’s act where an elected Government should have the mandate to nominate representatives, but here a Delhi appointed LG on directions of central Government would infringe upon verdict and will of the people.
This kind of interference would weaken democratic milieu of J&K. Exposing grand plans of annexing Jammu & Kashmir, Ashai laid bare plans of BJP and RSS. As per sources he alleged that right-wing government was once again planning to re-imprison opposition leaders from Kashmir and impose their cronies at helm of affairs.
Various B-teams have been prepared for same purpose to show the world there was negligible resistance or opposition to BJP’s decisions in Kashmir and that Kashmiris are part and parcel of New Delhi’s games in J&K in a similar fashion how Bakshi was placed at helm of affairs after betraying Sher E Kashmir in 1953.
These modern day Bakshis are very much part of RSS’s grand game. Ashai asked Kashmiris to for a moment ponder upon what would have happened if assembly elections would have been conducted elections in 2019? All B-teams would have been reduced to political insignificance if assembly elections would have been conducted in 2019.
Sajad Lone wouldn’t have achieved every double digits numbers in State assembly; Mehbooba Mufti and PDP was already decimated thanks to their treacherous Alliance with RSS. BJP man Friday in Kashmir, hindutva lackey Altaf Bukhari wasn’t in a position to even fight his own constituency.
All this jerry meandering, fiendish games were played to establish their blue eyed cronies in J&K. Ashai appealed people at large and cadres of JK People’s Party to not be disheartened by any decision of Supreme Court, he urged people of Jammu and Kashmir to defeat Modi and Shah at their own game.
He instructed party workers and People’s Party Shura Council to contest all elections and defeat BJP no matter what the outcome of 11th December verdict would be. Ashai ingeminated upon people of erstwhile state to throw RSS and their agents out from Jammu and Kashmir. What so ever be the consequences there should never be boycott of any elections. We are ready to offer supreme sacrifices for honour and pride of citizenry of Jammu and Kashmir but under no circumstances should another Bakshi be ever imposed or accepted by people of historic state”.
JK People’s Party top brass reiterated their unflinching stand over resolution of Kashmir dispute, Article’s 370 and 35A. Termed resolution of Kashmir dispute, reinstating of Articles 370 and 35A in their original form as sacrosanct, uncompromisable issues for true leadership of Jammu And Kashmir. (Party Statement)