NPP shall hold one day urgent session in New Delhi—Kanyakumari to Kashmir with one Flag & one Constitution

Delhi Pradesh National Panthers Party this afternoon held an emergency meeting and decided to hold one-day Emergency Session—One India, Kanyakumari to Kashmir with one Flag and one Constitution with a guarantee of all Fundamental Rights to the Indian citizens in J&K.

          This was disclosed by a spokesman of Delhi Pradesh National Panthers Party this afternoon which has invited several senior leaders from different walks of life and political background. The purpose of this meeting shall be to ensure that all anti-people propaganda in J&K is shut for all the times and the people of J&K are guaranteed all Fundamental Rights enshrined in Chapter-III of the Indian Constitution so that the people of J&K are not exploited any more—any longer by any political fox as the people of J&K have been suffering for nearly 70 years by the leaders from Kashmir itself.

span style=”font-size: large;”>          Prof.Bhim Singh shall inaugurate the session. The venue of the session shall be announced a week in advance with an open an invitation to all who believe in one India from Kanyakumari to Kashmir with one Flag and one Constitution and Fundamental Rights to all the residents of J&K which have remained denied to them for the past 70 years.

Former Chief Minister Farooq Abdullah committed contempt of Supreme Court, NPP shall act

Prof.Bhim Singh, Sr. Advocate in the Supreme Court of India & Executive Chairman of State Legal Aid Committee has asked Dr. Farooq Abdullah, Former Chief Minister of J&K and Former Union Minister in the Govt. of India to express immediate apology before the Supreme Court of India for the contempt of the Supreme Court which he has committed by challenging the authority of the Apex Court while hearing a writ petition pending before the Supreme Court of India challenging the Constitutionality of Article 35(A). Article 35(A) is not the creation of the Parliament of India nor this Article is Constituent of temporary Article 370 dealing with the special powers vested in the Legislature of J&K.

Prof.Bhim Singh said that Dr. Farooq Abdullah falsely claimed that he had held an All-Party Meeting in Srinagar in which he has challenged the authority of the Supreme Court of India to hear a writ petition filed by an NGO challenging the validity of Article 35(A). Prof.Bhim Singh said that Article 35 is the concluding Article in the Chapter-III of the Constitution of India dealing with the Fundamental Rights enshrined in that Article for all the citizens of India. He said that Article 35 was amended by a Presidential Order in 1954 without the authority of law. The President of India was vested power to interfere within the scope of the power vested in him by the Constituent Assembly of India. The President of India could interfere by himself without the advice of the council of ministers and he has no power vested in him beyond the limits and scope of Article 370.

Prof.Bhim Singh who is also a postgraduate in Law from the London University with distinction said that the Presidential Order of May 14, 1954 adding ‘A’ to Article 35 was totally absurd, illegal, unconstitutional hence void. This is unfortunate that no notice was taken by the Supreme Court of India which has the authority and power to interpret any provision in the Constitution of India. Prof.Bhim Singh said that 35(A) has not been published even by the Govt. in the books of the Indian Constitution. He said this 35(A) rarely appears somewhere and sometime. The Sr. Advocate said that the Supreme Court is competent to take notice of this serious legal issue suo-moto. Prof.Bhim Singh described the meeting of the frustrated and outdated politicians in Kashmir who have been rejected by the people of Kashmir itself as highly objectionable, which amounts to the contempt of the Supreme Court as it has challenged the authority of the Supreme Court from a political platform. Prof.Bhim Singh hoped that the Supreme Court which is hearing the matter relating to the validity of Article 35(A) to issue ‘contempt of court notice’ to Dr. Farooq Abdullah and other political leaders which held a meeting against the hearing of writ petition filed by an NGO before the Supreme Court.

He said that Dr. Farooq Abdullah and some other frustrated leaders from the Valley have claimed the support of all opposition parties in J&K which is totally absurd and misleading. This amounts to contempt of the Supreme Court as Dr. Farooq Abdullah and some other political leaders from Kashmir Valley have threatened the authority of the Apex Court of the country hearing a writ petition on the validity of Article 35(A).

Bhim Singh urges President Shri Ram Nath Kovind for his urgent intervention to delete Proviso (3) in Art. 370

“I am taking this liberty urging the Hon’ble President of India for his urgent intervention to ensure amendment in Clause-3 of Article 370 which says that,

“Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.”     

  1. It is submitted that President of India in his intervention made several changes in the character/language of Article 370 and that were implemented.
  2. That the President of India intervene in 1954 and amended Article 35 of the Indian Constitution which is the last para in Chapter-III of the Indian Constitution deals with the Chapter on Fundamental Rights.

I).      It was the pleasure of the President of India, Hon’ble Dr. Rajendra Prasad who inserted an amendment in Article 35 by inserting Clause 35A which reads,

                   “Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,

a).      defining the classes of persons who are, or shall b permanent residents of the State of Jammu and Kashmir; or

b).      conferring on such permanent residents any special rights and privileges, or imposing upon other persons any restrictions, as respects:-

          i).      employment under the State Government;

          ii).     Acquisition of immovable property in the State;

          iii).    Settlement in the State; or

  1. iv)      right to scholarships and such other forms of aid as the State

Government may provide; 

shall be void on the ground that it is consistent with or takes away or abridges any rights conferred on the other citizens on India by any provisions of this part.

  1. That this amendment made by the President was sponsored by the then Union Govt. of India although this recommendation was totally against the concept and the constitutional power vested in the President of India. The President of India was vested power only to interfere into the domain of Article 370 and not with the domain of any area within the meaning and scope of Chapter-III of the Indian Constitution dealing with the Fundamental Rights of the citizens of India. Article 35 could not have been interfered with by the President of India who could have interfered only with Article 370 which was a temporary provision. (This Article 370 is still a temporary provision in the Constitution of India).
  2. This is important that President of India is vested with absolute power to interfere into the domain of Article 370 which has been a temporary phase for 70 years. President of India made several changes in the body language of this Article. ‘Maharaja’ was replaced by the ‘Sadar-e-Riyasat’ and later in 1964 Sadar-e-Riyasat was replaced by Governor. This was the domain of the Presidential Power vested under Article 370.
  3. Hon’ble President of India is urged to withdraw Article 35(A) from Chapter-III of the Indian Constitution which was wrongly inserted into Chapter-III of the Indian Constitution and which is no more relevant under the given circumstances. The President is the only authority to withdraw 35(A) because this 35(A) was inserted by the President without the support or sanction of the Parliament of India which alone enjoys power to amend any provision of the Constitution of India. Article 35 is not in the domain of Article 370.
  4. This is submitted that proviso, is temporary as Article 370 in its Clause (3) as produced above has lost its relevance for many reasons after its insertion in the Constitution of India in 1950. After 70 years, temporary provision has lost its meaning and legal sanctity. Besides, proviso provided in 370 (3) has become redundant and has no legal meaning left at all in Article 370. This proviso has become dead and should be declared so by the President of India who is the controller over the temporary Article (370). The President of India has an exclusive power vested in him by the Constituent Assembly who was supposed to take clearance from the Constituent Assembly of J&K (which itself was undemocratic and unconstitutional measure. The so-called Constituent Assembly of J&K came to an end when J&K Constitution was promulgated in J&K on 26th January, 1958. The so-called Constituent Assembly of J&K does not exist even physically speaking. The proviso inserted in Clause 3 of Article 370 became dead and redundant, the day Constitution of J&K was promulgated. Therefore, Article 370 which had empowered the Ruler of J&K, the Maharaja and which had inserted a proviso under Clause 3 of Article 370—All have been changed and amended.
  5. It is in this background and constitutional development in the history relating to the constitutional relationship between J&K and the rest of the country; that the President of India is urged, in interest of the sovereignty of the Nation and in the interest of the civil and fundamental rights of all the citizens of India including those who have been identified as Permanent Residents in the State of J&K. The Hon’ble President enjoys sovereignty over the territory of the Union of India which includes J&K as well.

This is small submission before Your Excellency, who has been a noted Advocate in the Supreme Court of India where I am practicing as a Sr. Advocate & at present, am, Sr. Executive Member of the Supreme Court Bar Association that intervention by Your Excellency in the Affairs of J&K under Article 370(3) can ensure Fundamental Rights to the Permanent Residents (Citizens of India) and ensure equity, justice and full freedom guaranteed in Article 19 of the Constitution of India. The residents of J&K are the citizens of India and deserve the benefit of all Fundamental Rights provided in the Constitution of India in its Chapter-III so that they shall not be subjected to the draconian laws made by J&K like Public Safety Act and others. Indian Penal Code need to be implemented so that Indian citizens in J&K shall also share the fruits of all Fundamental Rights with their brethren in India.

I urge Your Excellency to issue a declaration that all Fundamental Rights enshrined in the Constitution of India shall be guaranteed to the Permanent Residents of J&K being citizens of India and proviso in Clause 3 of Article 370 has become redundant after death of the Constituent Assembly in J&K. The Parliament of India is empowered to legislate in respect of the Subjects which were included in the Instrument of Accession signed by Maharaja Hari Singh on 26th October, 1947. This is the only way to save the people from further death and destruction caused by the enemies of peace and humanity.

With warm regards and assurances that National Integration and peace shall be our lasting commitment.”

 

Sd/-Bhim Singh

Israel should comply with UN Resolutions Implement Res. 242, 338 & vacate occupied territories

 Prof.Bhim Singh, Chairman, Indo-Palestine Friendship Society has urged Secretary-General of the United Nations to convene an urgent meeting of the UN General Assembly and direct Israel to comply with UN Resolutions particularly Resolutions 242, 338 and all others directing Israel to vacate all occupied territories of Palestine which were determined by the UN Resolution no.181/1948 and illegally occupied by Israel. Prof.Bhim Singh also urged India and Iran to take the initiatives to hold international conference to ensure that Jerusalem and other occupied territories by Israel are vacated without any delay. Israeli Army has no right in International Law to sit on the land of Palestine.

          Prof.Bhim Singh further urged India to take its initiative as India did earlier to ensure justice to the people of Palestine so that State of Palestine is recognized by the United Nations as a sovereign state as per resolution 181/1948 of the UN.             

        India should act affectively and sincerely as it has been doing right since 1948 when Palestine was divided by United Nations Resolution 181.”. This was a call given by Prof.Bhim Singh, Chief Patron of National Panthers Party and expert on Palestinian affairs. NPP Supremo urged on Shri Narendra Modi, the Indian Prime Minister, to act as the Prime Minister of the great Indian civilization as India acted in 1948 by strongly opposing the division of Palestine. There were the two countries in the Security Council of the United Nations namely, India and Iran who opposed dissection/division of Palestine and creation of a Jewish State by dissecting Palestine.

            Prof.Bhim Singh said that China was under the control of Formosa dictator and supported the division of Palestine along with all other four Permanent Members of the Security Council to create a Jewish State of Palestine by dividing the land of Palestine.

            Prof.Bhim Singh said that Israel has been playing a havoc against Palestine and has taken control of nearly one-third of Palestinian territory violating the resolution of the United Nations namely Resolution No.242, 338 among others. It was shocking state of affairs that all the Big Powers stood by Israel and even now the Big Powers have not supported its (Security Council) own resolutions. This is shocking state of affairs that United States of America whose President invited Palestinian Hero Yasir Arafat in the White House and ensured a shake hand between the leader of Palestine and Israel.

            Prof.Bhim Singh said that Israel should have vacated, at least, Jerusalem according to the UN Resolution and had no right to interfere with the affairs of Masjid-e-Al-Aqsa which has been among the supreme worshiping holy places of the Muslims of the world.

            National Panthers Party in a meeting held last evening at New Delhi condemned Israeli aggression against Masjid-e-Al-Aqsa in Jerusalem last week and demanded immediate condemnation by the Security Council as it amounted to grave violation of United Nations Resolutions 181, 242, 338 among others for grave interference into the affairs of Palestine and for violation of the UN Resolutions.

            Prof.Bhim Singh called on the Members of the Security Council of the United Nations as well as the leadership of India and other Islamic countries including Iran to call for an urgent meeting of the Security Council of the United Nations to condemn the Israeli attack on Masjid-e-Al-Aqsa. National Panthers Party in its Resolution called on Prime Minister of India to act in the way, the first Prime Minister of India, Pt. Jawaharlal Nehru acted in 1948 even when India had not become completely sovereign. Prof.Bhim Singh declared that the Indo-Palestine Friendship Society and the Panthers Party shall hold an international meeting in Delhi or in Tehran to express solidarity with the people of Palestine who have been fighting for a just call for several decades seeking implementation of UN Resolutions and withdrawal of Israeli occupation of the entire land of Palestine including Jerusalem. He said that Jerusalem belongs to the Palestinians and Israeli forces must withdraw. He called on the Big Powers to hold Security Council Meeting to censor Israel and direct Israel to withdraw from all occupied territories of Palestine.

            Prof.Bhim Singh declared that Indo-Palestine Friendship Society shall be holding a seminar in October, 2017 in New Delhi to constitute Preparatory Committee for the international convention on—Palestine belongs to the Palestinians in the same way as England belongs to the English and France to the French as Mahatma Gandhi said in 1935.

India should replay its international role for resolution of Palestine-Israel crises

India should act effectively and sincerely as it has been doing right since 1948 when Palestine was divided by United Nations Resolution 181.”. This was a call given by Prof.Bhim Singh, Chief Patron of National Panthers Party and expert on Palestinian affairs. NPP Supremo urged on Shri Narendra Modi, the Indian Prime Minister, to act as the Prime Minister of the great Indian civilization as India acted in 1948 by strongly opposing the division of Palestine. There were the two countries in the Security Council of the United Nations namely, India and Iran who opposed dissection/division of Palestine and creation of a Jewish State by dissecting Palestine.

          Prof.Bhim Singh said that China was under the control of Formusa dictator and supported the division of Palestine along with all other four Permanent Members of the Security Council to create a Jewish State of Palestine by dividing the land of Palestine.

          Prof.Bhim Singh said that Israel has been playing a havoc against Palestine and has taken control of nearly one-third of Palestinian territory violating the resolution of the United Nations namely Resolution No.242, 338 among others. It was shocking state of affairs that all the Big Powers stood by Israel and even now the Big Powers have not supported its (Security Council) own resolutions. This is shocking state of affairs that United States of America whose President invited Palestinian Hero Yasir Arafat in the White House and ensured a shake hand between the leader of Palestine and Israel.

          Prof.Bhim Singh said that Israel should have vacated, at least, Jerusalem according to the UN Resolution and had no right to interfere with the affairs of Masjid-e-Al-Aqsa which has been among the supreme worshiping holy places of the Muslims of the world.

          National Panthers Party in a meeting held last evening at New Delhi condemned Israeli aggression against Masjid-e-Al-Aqsa in Jerusalem last week and demanded immediate condemnation by the Security Council as it amounted to grave violation of United Nations Resolutions 181, 242, 338 among others for grave interference into the affairs of Palestine and for violation of the UN Resolutions.

          Prof.Bhim Singh called on the Members of the Security Council of the United Nations as well as the leadership of India and other Islamic countries including Iran to call for an urgent meeting of the Security Council of the United Nations to condemn the Israeli attack on Masjid-e-Al-Aqsa. National Panthers Party in its Resolution called on Prime Minister of India to act in the way, the first Prime Minister of India, Pt. Jawaharlal Nehru acted in 1948 even when India had not become completely sovereign. Prof.Bhim Singh declared that the Indo-Palestine Friendship Society and the Panthers Party shall hold an international meeting in Delhi or in Tehran to express solidarity with the people of Palestine who have been fighting for a just call for several decades seeking implementation of UN Resolutions and withdrawal of Israeli occupation of the entire land of Palestine including Jerusalem. He said that Jerusalem belongs to the Palestinians and Israeli forces must withdraw. He called on the Big Powers to hold Security Council Meeting to censor Israel and direct Israel to withdraw from all occupied territories of Palestine.

          Prof.Bhim Singh declared that Indo-Palestine Friendship Society shall be holding a seminar in October, 2017 in New Delhi to constitute Preparatory Committee for the international convention on—Palestine belongs to the Palestinians in the same way as England belongs to the English and France to the French as Mahatma Gandhi said in 1935.