SC listed JKNPP petition against Resettlement of Pak citizens in J&K

  A Special Bench of the Supreme Court of India comprising of JJ Dr. B.S. Chauhan, Mr. Justice J. Chelameswar and Mr.Justice M.Y. Eqbal today ordered the listing of Panthers Party petition against the draconian Act (1982) of J&K Legislature allowing Resettlement of all those Pakistani nationals in J&K, who had migrated voluntarily to Pakistan in 1947 from J&K to Pakistan.

The Special Bench of the Supreme Court issued the direction to list the case in the 2nd week of July, 2014 on the request of the Advocate General, Shri M.I. Qadri who submitted that the case may not be taken today (the case was listed at Item No.103 for this day before the Bench).

Prof.Bhim Singh, Sr. Advocate appearing for J&K National Panthers Party strongly opposed the State Govt. plea to adjourn the case. He submitted that the sensitive state of J&K is already on the boil as foreign mercenaries are indulging in the acts of violence. He submitted before the Court that the Govt. of J&K led by National Conference intended to import nearly 5,00,000 (five lacs) citizens of Pakistan who had voluntarily migrated from J&K. He said that such a law has threatened security of the state as well as peace and harmony.

This petition was filed by JKNPP in 1982 when Prof.Bhim Singh was the sitting Member of the J&K Assembly. The Congress had fully supported Sheikh Mohd. Abdullah’s government and party to hasten its promulgation as a law. It was this reason, mainly, that Prof.Bhim Singh resigned from the Congress Party as well as from the Assembly by taking an open battle against Sheikh Abdullah’s government supported by the Congress.

It was on the petition of Prof.Bhim Singh before the then Governor, Shri B.K. Nehru that the Governor refused to sign the bill and returned to the Legislative Assembly for reconsideration. The Governor had raised legal objections namely, “As the Bill makes no provision for checking the antecedents of an applicant, nor, indeed, prescribes that his antecedents should be such as to satisfy competent authority that he is not likely to be a security risk, it makes it possible for spies, saboteurs and foreign agents to come and settle in our State as a matter of legal right.” The Govt. of J&K dared reject Governor’s recommendation and re-passed the Bill which becomes automatically a Law.

Because on the protest and demonstrations of newly formed Panthers Party by Prof.Bhim Singh that the Govt. of India led by Mrs. Indira Gandhi referred the Bill under Article 143 to the Supreme Court to determine the question whether it was constitutionally valid?

Several interventions for file in support of the petition of Prof.Bhim Singh before the Supreme Court challenging the validity of the Law which amounted a national threat and security of India. The then President of newly formed Bhartiya Janata Party Shri Atal Bihari Vajpayee also filed intervention opposing the Law.

          It was sad event in the history of proceedings before the Supreme Court of India that the case was taken by a Constitutional Bench of the Supreme Court after 19 years of gap on 06.11.2001. The Supreme Court announced its order in three words;

“The reference is returned, respectfully, unanswered.”

        The then Chief Minister of J&K, Dr. Farooq Abdullah convened a cabinet meeting on 15.11.2001 and decided to implement the Resettlement Act immediately.

          It was on this turning point in the history of the country that J&K National Panthers Party filed a writ petition on 27.11.2001 before the Supreme Court. Shri Ram Jethmalani appeared for J&K. In spite of strong opposition from the Union of India and the J&K Govt. the Supreme Court stayed the operation of the Act. The writ petition was admitted (rule was issued on 11.11.2002).

          Prof.Bhim Singh submitted before the Supreme Court to take up the matter as early as possible as justice stands delayed and it is humanly impossible for a person to fight this case alone for nearly 12 years.

          Prof.Bhim Singh expressed a satisfaction that the case shall be taken immediately after the summer vacation in the Supreme Court.

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Bhim Singh demands dismissal of Omar Government, cancellation of Lok Sabha Polls and hold fresh election under Governor Rule in J&K

Addressing the Press Conference in Srinagar Prof. Bhim Singh urged the Prime Minister to sack Farooq Abdullah and dismiss his son Omar Abdullah for their anti-national, communal and instigating statements promoting hatred and communal conflict in the country. He said that Omar Abdullah announced that he would go to Pakistan if Modi become Prime Minister where as his father Farooq Abdullah, a sitting Union Minister has made a dangerous statement saying that Kashmir shall secede from Indian if Modi becomes Prime Minister of India. Prof. Bhim Singh pointed out that FIR for lodged against a BJP leader of Bihar who has made a similar remarks on the issue. Prof. Bhim Singh reminded Dr. Farooq Abdullah that Kashmir shall to away from India if communal government is formed in the centre. He accused Farooq Abdullah to stir communal passion so that he may cash it in Kashmir and Modi shall be benefited in the rest of the country. He also reminded Farooq Abdullah that NC had opposed a Panthers Party Bills in the Legislative Assembly which has proposed include word “secular” in the J&K Constitution and word secular was deliberately excluded from J&K constitution by the National conference. On the other hand Omar Abdullah did not migrate to Pakistan when RSS Leader, Shri Atal Vihari Vajpayee became Prime Minister, instead, surprising the joined service as a Union Minister under RSS Prime Minister. He asked Omar Abdullah to explain his conduct.

Prof. Bhim Singh accused NC-Congress and BJP to rigged the Poll in Jammu Pradesh where as NC and Congress supported Jamat-e-Islami to boycott the vote so that they could utilize mobile voters in Anantnag.

Prof. Bhim Singh expressed shock on the silence of Election Commission of India when Syed Abid Shah Panthers party candidate in Anantnag was denied security cover as a candidate. Not is single PSO was given to him or to his Election Agent in Anantnag. The NPP candidate had to fight for this life in some relative’s house.

Prof. Bhim Singh said that Election Agent of Srinagar candidate Shri Arif Mohd. had not been provided a single constable. On the other hand all senior leader of the JKNPP namely; Syed Masood Andrabi State Vice-President, Shri Manzoor Naik State General Secretary and three District Presidents in Srinagar Constituency have not been provided any security cover at all.

Prof. Bhim Singh made a strong appeal to the leaders of all Hurriyat factions to mobilize the people to vote in case they really intend to defeat the NC- Congress, PDP and BJP in Kashmir valley. Prof. Bhim Singh also appeals to the people of Kashmir to ignore boycott call by vested-interest and participate in the polls to oppose, expose and depose the authoritarian rulers. He said the people of Jammu and Kashmir have come to practical conclusion that the bullets cannot paying a change nor depose the ruthless rulers. It is only ballot which can bring the desired result for the people of J&K which is the need of the time. Boycott means helping the criminal governments and leaders.

Prof. Bhim Singh also introduced the Syed Maqbool Malik and Syed Mohd. Rafiq Shah Panthers Party candidates from Srinagar and Baramulla respectively. Those presents in the press conference included Shri Masood Andrabi Vice-President, Shri Faqooq Ahmad Dar, Provincial President, Shri Manzoor Naik, General Secretary, Shri Mehboob Illahi, State Secretary and District Presidents of Budgam, Srinagar and Ganderbal.

EarlierProf. Bhim Singh accompanied by Panthers Party leaders interacted with several people in Srinagar city, Magam and Budgam seeking support for the Panthers Party in forthcoming Lok-Sabha election. Prof. Bhim Singh also addressed several rallied in the downtrodden and Ganderbal.

NPP express support to candidature of Shri Dalip Kumar MLC from Warangal Lok Sabha constituency

Srinagar, 28th April 2014: The working committee of J&K National Panthers Party which met in Srinagar this morning expressed support the candidature of Shri Dalip Kumar MLC who is the contesting as independent candidate from Warangal (Telangana) Parliamentary constituency. 

In a strong appeal to the electorates of Warangal, Prof. Bhim Singh Supremo NPP urged the voters in Warangal to support and vote Mr. Dalip Kumar MLC who has contributed at his highest performance towards the creation of Telangana State.  Prof. Bhim Singh said that Shri Dalip Kumar has very important role in the Parliament for rebuilding Telangana has a model state in the country.  Prof. Bhim Singh said that Mr. Dalip Kumar was among those Telangana leaders who organized footage, dharnas from Jantar Mantar to Hyderabad with his supporters, intellectuals, youth and students.  Prof. Bhim Singh said, he wished we were a voter in Warangal to cast his vote for Shri Dalip Kumar. 

Press Release from Ludhiana

Prof.Bhim Singh, Chief Patron of National Panthers Party has reconstituted Punjab Pradesh National Panthers Party with immediate effect after consultation with the Punjab Executive Members in a meeting held in Ludhiana this morning.

Shri Krishan Kumar Sharma, Panthers Party candidate from Ludhiana parliamentary constituency has been appointed as Pradesh Convenor whereas the Pradesh Executive Members include Shri Gurbhej Singh Chahal, Shri Balwinder Singh Sodhi, Shri Saminder Singh Dhillon, Panthers Party candidate from Bhatinda Parliamentary Constituency, Lakhbir Singh Badhan (Panthers Party candidate from Fatehgarh), Shri Jashandeep Singh Sekhon, Shri Mandeep Singh Sidhu. Shri Sanjeev Kumar Rai, Shri Jagjeet Singh, Mrs. Rani Sharma, Mrs. Paramjit Kour, Shri Ram Raj Singh, Shri Sohan Lal Jassal, Shri Narender Singh Barwala, Shri Ravi Singh. Shri Krishan Kumar Sharma, the Punjab Convenor has been authorized to include seven more members in consultation with the other executive members.

Prof.Bhim Singh accompanied by Shri Rajiv Jolly Khosla, Observer for Punjab Pradesh arrived this morning at the Railway Station where hundreds of Panthers Party workers received the party leaders.

Prof.Bhim Singh also introduced contesting candidates for the Lok Sabha namely, Krishna Kumar Sharma (Ludhiana), Shri Gurbhej Singh Chahal (Patiala), Shri Lakhbir Singh Badhan (Fatehgarh) & Sardar Saminder Singh Dhilon (Bhatinda). The Panthers Party is contesting in four Lok Sabha constituencies.

Punjab Panthers Party also organized a road show in Ludhiana and other areas.

Prof.Bhim Singh while speaking to the media praised the people of Punjab particularly the youth for the heroic sacrifices in defense of the country particularly in J&K to defend the borders. While releasing the manifesto for Punjab the NPP Supremo assured the people of Punjab particularly the youth that the Panthers Party shall fight for justice, equity and equality for the people of the state. He assured that a people’s movement shall be launched against the menace of drugs which has been flooding from across the border to weaken the great people of Punjab, particularly the youth. Prof.Bhim Singh also said that the political and militancy related prisoners shall be given General Amnesty so that the youth of Punjab shall get a chance to work out their future for the good of Punjab and the rest of the country. Prof.Bhim Singh also assured in Punjab Manifesto that social security shall be provided to all the unemployed youth of Punjab and those downtrodden and belonging to the weaker sections shall be given free education and full social security.

Prof.Bhim Singh said that free medical care and legal aid shall be provided to all those who cannot afford it. He also assured that the old age pension shall be enhanced to Rs.5000/- minimum and all essential commodities including sands shall be provided at the lowest rates possible because it cost nothing to the state.

The Punjab Panthers Party also promised free education for all and nationalization of education in the interest of unity, integrity and sovereignty of the nation. The Panthers Party in its manifesto assured interest free loan to the young unemployed entrepreneurs so that Punjab blossoms into fragrance to give its free air to the entire nation.

Bhim Singh’s rejoinder to Rajnath Singh on horrors of Article 370

Prof.Bhim Singh, Sr. Advocate of Supreme Court & Panthers Party candidate from Udhampur Parliamentary Constituency has expressed surprise on the statement of BJP President, Shri Rajnath Singh on the gains and loss of Article 370 for the people of J&K.
BJP has ruled India for six years and still ruling half of the states in the country yet its’ leadership has not understood the meaning and scope of Article 370 which is a petty. Prof.Bhim Singh spelled out in his rejoinder to Shri Rajnath Singh that it is because of Article 370 that;
1.    Parliament cannot create an iota of law vis-à-vis Jammu and Kashmir.
2.    Parliament cannot legislate on the three highly sensitive subjects like Defence, Foreign Affairs, Communication etc. though Maharaja Hari Singh had in his Instrument of Accession signed on 26th October, 1947 has expressly penned down three subjects for the Union of India.
3.    That it is because of Article 370 that Constitution of India does not extend to J&K in 64 years.
4.    That it is because of Article 370 that people of J&K have been subjected to serfdom and slavery by virtue of Article 370.
5.    That it is because of Article 370 that J&K has an independent Constitution with separate flag sans fundamental rights. Shri Rajnath Singh, Mr. Narendra Modi and Mr. L.K. Advani have been enjoying fundamental rights incorporated in the Constitution of India since 1950 whereas we the people of J&K have remained denied of all fundamental rights in the J&K Constitution.
6.     Every state has High Court of Judicature whereas in J&K we have the High Court of J&K governed by the authoritarian and discriminatory Constitution of J&K.
7.    J&K is the only state where because of Article 370 the citizens of India are described as ‘State Subjects’ by the Supreme Court of India. The latest judgment of the Supreme Court in writ petition no. 125/2013 decided last month by the Supreme Court.
8.    It is only J&K where 85,000 Pakistani refugees who entered J&K from Pakistani side have not been given any civil or political rights in J&K. Their descents (children and grandchildren etc.) have not been given either civil or political rights in J&K.
9.    It is because of Article 370 that word ‘secular’ has not been incorporated in the preamble of J&K Constitution in spite of Panthers Legislators several bills and resolutions.
10.    It is because of Article 370 that entire Shrine of Mata Vaishno Devi was taken over by the State denying 20,000 baridars their right to livelihood, where head of the state governs a temple.
11.    Let Rajnath Singh ji first understand tragedy of Article 370 and its effects before Mr. Narendra Modi starts debating the subject. That’s why amendment in Article 370 is the only way out.
12.    Let Shri Rajnath Singh know that any emergency law relating to Defence or Foreign Affairs can only be pushed into J&K by a Presidential Order only if the State Govt. appointed by the Maharaja gives its concurrence. The Governor of India still acts as viceroy of J&K though there is no Maharaja anymore nor there is Governor General.
13.    Do not Shri Rajnath Singh and BJP premier Mr. Modi understand the meaning of 370 in six decades that India’s internal & external security stands threatened because of Article 370. What kind of integral part is J&K where Parliament of India has no power to legislate even.