J&K could not have been reduced as a Union Territory
Jammu Tawi (J&K) 20th April, 2020 : “The President of India is urged for his urgent intervention for restoration of statehood of Jammu & Kashmir and revival of all Fundamental Rights, as enshrined in Chapter-III in the Indian Constitution, in Jammu & Kashmir. The President is the only competent authority who has authority under the Constitution of India to intervene as Jammu & Kashmir has been reduced to a Union Territory. The Jammu & Kashmir was established as State in 1846 by Maharaja Gulab Singh and its reduction as Union Territory in 2019 by the Indian Government is neither justified nor it can stand test of the Constitution of India which recognized J&K as State when Constitution of India was promulgated in 1950. The separation of Ladakh as a Union Territory is different subject matter because it was done so on the demand of the people of Ladakh for decades. J&K could not have been reduced as a Union Territory because this State acceded to the Union of India on the offer of the then Ruler of Jammu & Kashmir on 26th October, 1947. The Indian citizens in J&K enjoy full Fundamental Rights as enshrined in the Indian Constitution at par with all Indian citizens. It is totally unconstitutional to deprive the residents of Jammu & Kashmir, full citizens of India, of the Fundamental Rights particularly after J&K has been deprived of its special authority granted in Article 35A which has been scraped by the President of India as it was promulgated in 1954 by the President of India. After its removal J&K became a full-fledged State. Its reduction as a Union Territory is not only unconstitutional, improper & malafide but can prove a threat to the National Integration of the country”.
Prof. Bhim Singh, Chief Patron of J&K National Panthers Party & Senior Advocate in the Supreme Court of India sent this message to the President of India for his urgent consideration and appealed to the President of India for his intervention under the command of the Indian Constitution to restore statehood to Jammu & Kashmir without any delay. NPP also appealed President of India to revive the promulgation of all Fundamental Rights to the citizens of India in J&K because the citizens of India in Jammu & Kashmir enjoy the same Fundamental Rights as enjoyed by the Indian citizens in the rest of the country.
Prof. Bhim Singh said that Govt. of India has committed hasty blunder by shutting political parties, including those parties recognized by the Election Commission of India like National Conference, PDP & J&K National Panthers Party. This is a tragedy that the entire political process/movement in Jammu & Kashmir has been totally suppressed in J&K under the Lt. Governor Rule. NPP Supremo and several Members of the Panthers Party suffered jails and imprisonment in Jammu & Kashmir for their political activities. He urged the President of India that there could be no peace, particularly in Kashmir region as long as political parties are not allowed to continue their political activities they are permitted under the limits of the Indian Constitution.
NPP Supremo urged the President to direct the Lt. Governor J&K to open the gates for all Fundamental Rights for the Indian citizens in Jammu & Kashmir, release all political prisoners & hold open dialogue/discussion with the leadership of all recognized political parties working in J&K without any deterrence. The militancy in J&K can only be demolished when the political workers from all walks of life shall act freely and without the terror of the State. In Jammu & Kashmir no Indian citizen is enjoys an iota of Fundamental Rights as Fundamental Rights have been granted to every resident of J&K after abrogation of Article 35A. Public Safety Act is neither legal nor Constitutional still it is being misused against the citizens of India.
Prof. Bhim Singh appealed the President of India to convene an urgent meeting of the representatives of all recognized political parties in Jammu & Kashmir and those National parties which are active in Jammu & Kashmir. This is the only way to involve the political activists in J&K to destroy militancy. The bullets alone cannot involve the helpless citizens unless they have freedom to act and express their mind without fear.