Politics heats up in Kashmir Valley over Article 35-A SC hearing

Srinagar: Reacting to Supreme Court’s adjourning the hearing on pleas challenging Constitutional validity of Article 35A, Kashmiri political parties and leaders have said that it does not put an end to the uncertainty over the issue which is a matter of life and death for the people of the State.

Former chief minister and president of Peoples’ Democratic Party (PDP) Mehbooba Mufti was the first to react to the Chief Justice of India Dipak Misra’s announcement that the petitions on Article 35A will now be heard in week commencing August 27. She tweeted, “Even though the deferment of hearing on Article 35A is not a solution. It has brought interim relief to the people of JK. But with uncertainty looming over its status, it has unleashed a wave of anxiety and panic amongst the people of J&K.”

In identical view, National Conference (NC) spokesman Junaid Azim Mattu wrote on micro-blogging site, “The deferment of the hearing on petition challenging Article 35-A doesn’t remove the sense of anxiety and the apprehensions in J&K”. He also said, “In the absence of the Central Government defending the Article through a counter affidavit — the challenge to the state’s special status remains.”

Chief Muslim cleric and separatist leader Mirwai Umar Farooq said that the deferment of the hearing on Article 35A was “intriguing”.

“I think they want to keep the issue alive. They should have rejected all the petitions challenging Article 35A. But instead of doing it they have adjourned hearing on the plea that one of the three judges hearing the case was not present,” he said, adding that this was indicative of “something behind the scene being thought over” regarding Article 35A by the Centre and the top court.    

The Mirwaiz said, “The Amarnath yatra will end on August 26. I suspect New Delhi’s intentions are not any good. Anyways, we the pro-resistance leadership want to make it clear that the issues related to the state-subject laws are connected with the dispute of Jammu and Kashmir.”

He added, “There are UN resolutions on Kashmir which have not been implemented, so far. The people of the State have not yet been given the promised right to self-determination and, therefore, no court decision which is not in conformity with the dispute of Kashmir or seeks to dilute the issue will be acceptable to the people of the State.”   

CJI Misra said that Article 35A has been in vogue for more than 60 years and observed that the apex court has to consider whether it goes against the basic structure of the Constitution. He also said that since the Constitutional validity of the provision has been challenged a three-judge bench “will consider whether it has to go before a Constitution bench.”

Prominent lawyer Zafar Ahmed Shah said, “The three judge bench will decide whether the petitions should be dismissed outright or the case should be transferred to a five-judge bench”. In the latter event, he said, the Constitutional bench will take the final call in the light of many of those rulings passed by the Supreme Court itself from time to time since 1954 but it depends also on the kind of arguments put forth by and the ground on which the petitioners have challenged the Constitutional validity of Article 35A.

“The Constitutional bench may either call for the review of previous judgements on the issue or reject the petitions outfight. We have to wait and watch. Further, as many as thirteen interlocutory petitions have been filed in the case and the SC has to decide on these as well.”

‘Joint Resistance Leadership (JRL)’, the alliance of key separatist leaders Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Muhammad Yasin Malik, in a statement said that the hearing on petitions challenging the “hereditary” state-subject law of J&K has been simply deferred till the last week of August when the Amarnath yatra ends. “Hence, the protest programmes against tinkering with the law will continue as leadership deliberates upon it”, it said. The Mirwaiz clarified only protests will be held and the two-day strike called by the alliance from Sunday will not be extended.

The JRL statement said, “The deferment of the case by a few weeks is an indication about the intentions of the court which entertained these mischievous petitions backed by the RSS, as part of its (RSS’s) well known agenda on J&K”. The JRL said that a strict vigil will be maintained on the situation as the leadership will continue to devise and follow a collective strategy in consultation with all segments of society including traders, lawyers, civil society members, transporters and others.

The JRL has reiterated that state-subject laws are directly linked to the disputed status of the entire state of J&K “as people of the state are yet to exercise their right to self- determination guaranteed by the UN to decide their permanent dispensation as a nation”. It alleged, “The mischievous move to remove this provision is clearly aimed at undoing that possibility by changing the demographic nature of the state and settling non-residents here and hence undermining the conflict and its resolution”.

Earlier on Monday, former Chief Minister and NC vice president had while taking a dig at the separatists said that they have by seeking continuance of the special status to Jammu and Kashmir accepted the Indian Constitution and the State’s ties with rest of the country. He tweeted, “Protecting #Article35A is a tacit acceptance that J&K’s future lies within the Constitution of India otherwise how would it matter if it were struck down or diluted?” In another tweet, he said, “Kashmir has shut down to protect a provision of the Indian constitution. When was the last time anyone was able to frame that headline? #Article35A”

Meanwhile, Kashmir and Chenab valley of Jammu region remained shut on the second consecutive day on Monday over “onslaught” against Article 35A. Life was disrupted also in many parts of frontier districts of Poonch and Rajouri district due to a strike called in support of Article 35A by local political, social and religious groups.

Commenting on the overwhelming response its strike call evoked across Kashmir and Chenab valley, the JRL said, “The people of J&K in unison have send a clear message to New Delhi that they will never allow its design to undermine the conflict and its resolution and harm the their interests to succeed”.