Updated August 07, 2019 | 05:53 IST | Frank Huzur
A Brilliant speech by Akhilesh Yadav, National President of Samajwadi Party on floor of the House. Azamgarh MP slammed the BJP government for unconstitutional Kashmir decision in a very impressive speech.
Former Chief Minister of Uttar Pradesh hit out at the hypocrisy of ruling party and accused it of betrayal of people of Kashmir and further grilled asking whether Modi govt has given up on PoK.
Roaring like a lion, socialist leader lashed out at the government for misleading the entire country. He also raised the issue of 24 vacant seats in the Constituent Assembly of United Kashmir.
Further he blamed Modi-shah for taking unilateral decisions on many levels and wondered whether the BJP govt was only concentrating on the welfare of merely 20 crore population while ignoring rest of the 90 crore people.
In the constant din created by BJP hecklers during his speech Akhilesh reminded the House about a large number of martyrdom from the armed forces on the soil of Kashmir. He also reminisced about a batch mate at Dhaulpur Military School who later sacrificed his life for the country fighting militants in Jammu and Kashmir.
Repealing Art.35A may provide encouragement to non-Muslim populations from other parts of India to migrate into Kashmir and cause a demographic shift from the current 96.4% Muslim majority in Kashmir valley. It would be fair to anticipate that this would lead to enormous outbreaks of violence, with nation-wide repercussions which will threaten the integrity of the Republic.Major General SG VOMBATKERE wrote in The Citizen.
Will Kashmir go the Kosovo way?
Indian democracy is on Trial in Kashmir. Either it will sustain or the Big powers of the world will gobble it up.
BJP can win some more elections and successfuly brainwash more people of the north and west into idiocy and jingoism but the ruling party will be irrelevant in distant future.
The Congress Party created the Frankenstein monster called the BJP. The actual sinner with blood all over its body and cloths is the Congress Party.
Much depend on the peace and justice loving people of the rainbow country how do they respond to the K Factor..
Third Force, Socialist Bloc in the country, has failed miserably and monstrously to offer Alternative model of nationalism and patriotism before the people.
RSS BJP model on Kashmir, Pakistan, Nationalism or patriotism is acceptable to virtually all the Socialist forces. Small surprise, they are under tremendous amount of strain. They couldn’t work out the genuine agenda for amelioration of people’s suffering.
People or Place?? What Modi and Shah are doing today beggars belief. They are also under mysterious pressure.
The door for international mediators is open now. Kashmir goes the Palestine way.
People of the country are the saddest losers. Powerful sharks on all sides will be picking up the threads of more turbulence and disintegration. Nobody wins here.
Technically, if Article 370 is scrapped, J&K would cease to be part of India. And, that will also open the gate for international mediators. What is happening in Kashmir today will prove to be a nightmarish misadventure of the Modi government. Idiocy and jingoism do not last for long!
Meanwhile PEOPLE’S UNION FOR CIVIL LIBERTIES has issued a powerful condemnation of the dictatorial Modi-Shah decision.
“Kashmir: A Coup Against the Constitution and the Kashmiris
The PUCL condemns the abrogation of key portions of Article 370 of the Indian Constitution and the bifurcation of the State of Jammu and Kashmir and taking away its statehood. While the deed by itself is deceitful, the manner in which it was done is even more so. All the constitutional provisions, procedures, safeguards and values have been disregarded. What pains us most is that this change of status of the erstwhile state of Jammu and Kashmir, was carried out with stealth, completely unilaterally, without even talking or consulting the people of Jammu and Kashmir, even as part of Government tokenism.
PUCL, in particular, strongly condemns the planned and sinister manner by which the Government of India has gone about arresting at midnight of Sunday, 4-5th August, 2019 important leaders of political parties in Jammu and Kashmir, including former Chief Ministers Omar Abdullah, Mehbooba Mufti and others, soon after airlifting over 35,000 troops and suddenly and abruptly asking all Amarnath Yatris and holiday visitors to leave the state creating acute sense of fear and panic. Simultaneously, the Government in a concerted manner, also shut down all communication and telecom services to and from the valley, effectively ghettoizing the entire state into a state of forced silence, while also imposing curfew in the state preventing movement of people, thereby creating chaos, distress and disruption of normal life. Students from other states were asked to leave Kashmir while Kashmiris outside the state continue to live in panic unable to communicate with their families in the Valley.
The ulterior plan behind such unprecedented action became apparent on Monday, 5th August, 2019, with the Government quickly pushing through legislations to abrogate major portion of Art. 370 thereby discontinuing Special Status to J&K and bifurcating the State into two Union territories: Jammu & Kashmir and Ladakh.
It is pertinent to point out that Article 370 of the Constitution of India is a self contained Article. It determined how the Constitution of India would apply to J&K and also specifically provided for the procedure for the abrogation of Article 370 itself.. The President can pass an order under Article 370 (3), removing article 370 only if the Constituent Assembly of Jammu & Kashmir recommended the same.
Since the Constituent Assembly of J&K ceased functioning in 1957, the Supreme Court in its judgement in `SBI vs Santosh Gupta’, (2017)’, held that the Article 370 has become permanent unless another Constituent Assembly of J&K was constituted. In order to get over this constitutional roadblock, the present BJP Government adopted a rather devious and unconstitutional route.
Article 370 (1) (d) of the Constitution empowers the President, from time to time, to issue notifications modifying the manner in which the constitutional provisions can be made applicable to the State of Jammu and Kashmir. Article 367 of the Constitution of India explains how phrases in the Constitution are to be interpreted. The issue, in case of abrogation of Art. 370, was the need for recommendation of `Constituent Assembly of the State’.
What the BJP Government did was very insidious and cunning. On 5th August, 2019, they introduced a 3-stepAmendment process. In the first step a Presidential Notification under Article 370 (1)(d) was issued amending Article 367 by introducing a new Sub-clause (4) which stated that the expression “Constituent Assembly” in Article 370(3) shall be read as “Legislative Assembly of the State”. The effect was that after this change, Article 370 of the Constitution could be amended removing the necessity to obtain the recommendation of the ‘Constituent Assembly’.
Now, since J&K has been under President’s Rule since December, 2018, it means that the powers of the `State Legislature are being exercised by the President of India. This, in effect, results in a farcical situation in which the President of India has consented to permit himself (as Head of the State Government of J&K) to recommend abrogation of Art. 370 of the Constitution!
In other words, what could not be done directly was done indirectly and the constitutional provisions have been undermined. This is a clear subversion of the constitutional provisions by the BJP Government.
What is shocking is the utter contempt that the current dispensation has been exhibiting for constitutional procedures and democratic processes, which actually is a consistent pattern we have witnessed in the recent past with the passing of a slew of legislations which have serious ramifications, as a Money Bill.
The change in the status of the erstwhile state of Jammu and Kashmir from a State to a Union Territory is an unethical and undemocratic act. It robs the people of Kashmir the little democratic space they have and will only further alienate the people of Kashmir from the Indian State.
The argument that Article 370 is a clause which obstructed the complete integration of Kashmir with the rest of India and prevented development is a totally flawed logic. The unamended Article 370, was put in place to recognise in principle, the distinct identity and autonomy of the Kashmiri people. This was necessitated by the history and the context of accession of Kashmir with India. It is most troubling that political leaders of Kashmir who never disputed the accession of Kashmir with India and who participated in the Indian democratic process have been placed under preventive detention and were kept completely in the dark when decisions which impacts the state were taken. In this entire exercise the lives, rights, aspirations and hopes of the people of Kashmir are the biggest casualties.
PUCL apprehends that there is another insidious dimension in taking away the statehood of the Jammu and Kashmir. It is a ploy to take control of their natural resources, their water, mountains, the hills and fields and forests. It is yet another act to aggrandise and deprive the common Kashmiri and convert the valley into a real estate venture. In the three speeches in the Rajya Sabha made by the Home Minister, he continuously spoke of how the state was in the dark ages and needed to be brought into the main stream with hotels and other people of India having an opportunity to buy land, build houses and live there.
Lastly the actions of the BJP government not to have provided with at least two days notice to the MPs to study the `Reorganization of Jammu and Kashmir Bill or the President’s resolution to repeal Article 370, shows that the BJP not only does not want scrutiny and deliberation, which is the key to any democratic process but also just wants to convert the Parliament to a rubber stamp, which is what the first session of Parliament of the 17th Lok Sabha has become. The passage of 32 bills, in haste, without pre-legislative consultation with public or discussions with those to be impacted by the concerned bills or denying the right to send bills to the select committee, not only confirms this but also indicates what await us in the near future.
The PUCL would urge the people of India to see yesterday’s process in Parliament as one more effort to repress and subjugate the people of Kashmir and should oppose this decision of the Government peacefully. We would also like our sisters and brothers in Kashmir to know that we are with them and share their loss and grief against this latest attack by the GOI on them.
(1) That the clampdown on telecom services and communication and restrictions on movement be immediately lifted;
(2) All Political / Opposition leaders be released,
(3) Normalcy be restored in the Valley.
(4) All the troops be withdrawn.
(5) The three legislation introduced on 5th August, 2019, viz., the (i) The Constitution (Application to Jammu and Kashmir) Order, 2019 – Presidential order CO 272, (ii) Statutory Resolution introduced in the Rajya Sabha and (iii) The Jammu & Kashmir Reorganisation Bill be rolled back; and
(6) Undertake any action with regard to Kashmir only after consulting the Kashmiri people.
Let me make it simple: #Kashmir
1. People are not getting why abrogating 370 and making Kashmir an Union Territory, is an anti-national act, which translates into giving up Indian claim over PoK.
2. The entire J&K, including PoK, was ceded to India by the King under instrument of accession, that SPECIFICALLY MENTIONED SPECIAL PROVISION FOR THE TERRITORY.
3. That the Instrument of accession mentioned free and fair PLEBISCITE or exercise of self determination by Kashmiris, is borne out by the letter Mountbatten, the then Governor-General of India, wrote to King Hari Singh on 27th October, 1947, a day after accession.
4. Consequently, in 1949, Article 370 was incorporated in the Indian constitution. This article specifically mentions that barring communications, defence and foreign affairs, the Indian Government will have no say in matters of the State. Laws of the Central Govt will be applicable only with the consent of the State assembly of J&K. Indian Government accepted, in effect, that J&K’s merger into India is temporary and subject to provisions, including plebiscite, mentioned in the instrument of accession.
4. In 1947-48, Pakistan occupied a large part of the erstwhile State of J&K, ceded in entirety to India, in return for special provision.
5. India and Pakistan went to war over Kashmir. In 1948, Indian Govt took the matter as a ‘dispute’ to the United Nations.
6.Pakistan rejected the instrument of accession and claimed Pakistan’s control over the territory.
7. India accepted the instrument of accession, that spoke of J&K’s merger into India, incumbent on special provisions, including plebiscite.
8. In subsequent years, Indian argument was that since Pakistan has occupied a large part of territory ceded to it with special provision (article 370), a free and fair plebiscite cannot be held. India never accepted Pakistan’s control over J&K’s territory. It was always referred to as Pakistan Occupied Kashmir (PoK).
9. Now, by abrogating Article 370, MODI GOVT HAS ABROGATED THE INSTRUMENT ACCESSION ITSELF!
10. When the instrument of accession has been abrogated, MODI GOVT AUTOMATICALLY, HAS ALSO ABROGATED ALL CLAIMS TO PoK!
11. PAKISTAN IS HAPPY WITH MODI GOVT’S DECISION. NOW IT CAN LEGALLY CLAIM CONTROL OF PoK.
12. World powers, US-NATO forces are happy too, as first, they always tilted towards Pakistan and never liked Kashmir as part of India…and second because now, with the additional balkanization of Kashmir by the Modi Govt, the border state will be reduced to a Union Territory instead of a State, with a Lt. Governor instead of a Governor!
13. FOR THE FIRST TIME IN THE WORLD, A BORDER AREA OF A COUNTRY WILL BE GOVERNED AS A UNION TERRITORY! FOREIGN FORCES WILL HAVE A FIELD DAY. THE US CAN DEPLOY BASES AND MISSILES IN KASHMIR!
From a very reliable source.
Prime Minister Narendra Modi’s actual countdown for revoking Article 370 and bifurcation of the state of Jammu and Kashmir began during the third week of June, when he chose 1987 batch IAS officer of Chattisgarh cadre, B.V.R. Subramanyam as new Chief Secretary of Jammu and Kashmir.
Subrahmanyam, who had worked as Joint Secretary (PMO) with the Prime Minister earlier, was one of the key officials in Modi’s Mission Kashmir. The entire task of Mission Kashmir was handed over to Union Home Minister Amit Shah, who along with Law Minister Ravi Shankar Prasad was reviewing legal implications with a core team, which included Law & Justice Secretary Alok Srivastav, Additional Secretary Law (Home) R.S. Verma, Attorney General K.K. Venugopal, Union Home Secretary Rajiv Gauba and his select team of Kashmir Division.
Before the beginning of the Budget Session, Shah had briefed Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat and his aide (General Secretary) Bhaiyaji Joshi about the Centre’s determination to revoke Article 370 and subsequent bifurcation of Jammu and Kashmir into two separate Union Territories.
After legal consultations, Shah focused on the implications of the revocation of Article 370 on the valley’s law and order situation. Sources close to Shah revealed that on the Prime Minister’s suggestion Shah then had a couple of meetings with National Security Advisor (NSA) Ajit Doval.
The sources said that once Shah had reviewed the situation in Kashmir himself, Doval was sent to Srinagar to assess the situation from a security point of view.
The NSA camped there for three days. Then on July 26, the decision to curtail the Amarnath Yatra was taken. Later recall of all tourists from the valley was also suggested by the NSA. Apart from this, an additional 100 companies of the central paramilitary were also rushed as back-up to the prevailing security apparatus.
Jammu and Kashmir Chief Secretary Subramanyam, who was in the loop with the Prime Minister’s Office (PMO) and the Ministry of Home Affairs (MHA) was given the blueprint of several security measures to be taken on ground zero — use of satellite phones by key police, paramilitary and administration officials; deployment of QRTs in sensitive urban and rural pockets across South Kasmir; and a high vigil at LoC by Army, apprehending mischief from across the border.
The Army chief, heads of intelligence agencies and Central Para Military Forces were also coordinating with the Union Home Secretary and Chief Secretary 24×7.
On the crucial night of August 4, Chief Secretary instructed Director General of Police (Jammu and Kashmir) Dilbagh Singh to take several preventive measures which included house arrest of key political leaders, snapping mobile and landline services, declaring Section 144 and preparing drill for clamping curfew in the valley.
Earlier, on the Delhi front, Shah had another key team set on the job, which included Rajya Sabha members like Anil Baluni and Bhupendra Yadav. The team was tasked to muster the support of fellow members of the august House, where BJP fell short of a majority.
The team which had engineered a major defection in TDP’s Rajya Sabha members had managed Samajwadi Party MPs, Neeraj Shekhar, Surendra Nagar, Sanjay Seth, and Congress MP Sanjay Singh to quit the Rajya Sabha. Thus giving a big boost to the BJP in the upper House.
At the eleventh hour, the team also managed BSP leader Satish Mishra to support the move related to Article 370 and bifurcation of the state.
In the meantime, Amit Shah also had close door meetings with key journalists (having access in the MHA) to be balanced in reporting while touching highly sensitive issues, which have international implications. Shah’s objective was to maintain top secrecy, till he introduces the Bill, and breaks the historical news on August 5, on the floor of Parliament itself.
Sources said that by August 2, Shah was confident that his party had enough support in the Rajya Sabha and would introduce the historical bill(of bifurcation of Jammu and Kashmir) in the Upper House by Monday.
Subsequently, a whip was issued by the BJP instructing all members to remain in their respective House hinting them that important bills were expected to be passed.
Highly placed sources revealed that finally on the weekend, it was decided by Modi and Shah to convene a meeting of the Cabinet at the PM’s residence on Monday, to disclose Mission Kashmir’s objective to Ministers and pass a resolution thereof, prior to the proceedings of the House.
Similarly, the Ministry of Law and Justice was tasked for prompt issuance of notification by the President of India on the revocation of Article 370.
After Shah introduced the Bill amid chaos in the Rajya Sabha on Monday, a BJP MP reacted: “Shah’s mission has never been defeated. He is the new Sardar (Vallabhbhai Patel).”
Rest is History. The vote Division will show the nation who are the apples and who are the oranges.