NPP Supremo addresses a strong letter to PM, demanding all Fundamental Rights to J-K Residents, withdrawal of Art. 35(A)

In a strong letter NPP Supremo, Prof.Bhim Singh urged Shri Narendra Modi, the Prime Minister of India to withdraw Article 35(A) which empowers State Assembly to shadow any fundamental right and deprives the Indian citizens in J&K to share fundamental rights with the Indian citizens in the rest of the country. He pleaded strongly that Article 370 needs to be amended so as to empower the Parliament of India to legislate, at least, in respect of the subjects which Maharaja Hari Singh acceded himself with the Union of India namely, Defence, Foreign Affairs, Communication and Allied matters.    

          In his letter Prof.Bhim Singh wrote to the Prime Minister that,    

    “I am taking this liberty requesting the Hon’ble Prime Minister of India to call a meeting of the representatives of all political parties operating in the State of J&K. The representatives of the Hurriyat Conference may also be invited without any pre-condition. Every recognised political party functioning in J&K may get an opportunity to convey its suggestions as to what needs to be done at present when our school children stand locked up in their schools, business is closed, the civilians are feeling totally insecured and the governance stands collapsed in the bordering areas in J&K. The Prime Minister of India is urged to convene an urgent meeting in Delhi to seek the public opinion as what is to be done by the Govt. of India at this moment to save the people of J&K from further death and destruction by our neighbourer Pakistan.

          In the meantime, I would like to request the Hon’ble Prime Minister of India on behalf of the Coordination Committee which was established in 2005 to convene a ‘Heart to Heart Talks’ among the representatives of the political and social groups from both sides of Line of Control. We had a very useful meeting in 2005 and again in 2007 which were held in New Delhi where legislators, political representatives and social groups from J&K interacted with the legislators of POK, Gilgit-Baltistan and other social groups.

          I would like to request the Prime Minister to allow the Coordination Committee to hold ‘III Heart to Heart Talks’ among the social and political notables from J&K with the representatives of POK to continue our effort to seek an amicable resolution vis-à-vis Line of Control that falls between J&K and POK and Gilgit-Baltistan.

The war is no solution to seek permanent resolution of the situation prevailing in J&K as well as in Pak-occupied areas of J&K namely, POK and Gilgit. The Coordination Committee would like to hold the meeting in the month of October, 2017 in New Delhi as well as in Islamabad. What has been happening today in J&K deserves immediate attention of the Govt. of India and for that the Govt. of India needs to wake up without any delay. I strongly urge on the Prime Minister of India to think of tomorrow and find a way out to ensure that peace returns in J&K with justice to all the people whether in Ladakh, Kashmir Valley or in Jammu Pradesh.

I urge the Hon’ble Prime Minister to request the President of India to advice the Governor of J&K to go for Governor Rule in J&K in the interest of the people J&K in particular and the people of India in general. The present Assembly needs to be dissolved without delay which the Governor can do by invoking Section 53 of the Constitution of J&K itself. The Governor should intervene under Section 92 of J&K Constitution to take over the administration of J&K for the reason that the present Govt. has collapsed and has failed to function. This was admitted publicly by the Chief Minister of J&K while admitting that the foreign intervention in Kashmir has created the present situation in Kashmir and the Govt.of J&K stands helpless. This admission by State Chief Minister is sufficient to lead to the conclusion that the State Govt. has failed to function and has become non-functional because of the foreign intervention in the State of J&K. There is no way out to save the State of J&K from further death and destruction. The Army it appears is also loosing patience which could be understood by the most shocking  and tragic incident today when an Army Naik could not control his frustration and shot an Army Major in the Uri Sector. This does not need further explanation. This situation needs to be handled very carefully.

          There is a need to integrate J&K with the Union of India in the light of spirit of the command of the Instrument of Accession which was signed by Maharaja Hari Singh on 26th October, 1947 and ratified by the then Governor-General of India next morning on 27th October.
I assure the Hon’ble Prime Minister of India that every Indian shall support the Prime Minister if his government advises the President of India to amend Article 370 of the Constitution of India so as to extend the spirit of the Instrument of Accession. The President of India is fully authorised under Article 370 itself to integrate the State of J&K with the rest of the country by amending Article 370 through Presidential Order. The President does not need any approval of any non-existing Constituent Assembly which was constituted in J&K in 1952 and came to a close on 26th January, 1958 when J&K Constitution was made applicable to the State of J&K only temporarily.  The Indian Constituent Assembly itself had given this provision as ‘temporary provision’, Article 370.

          This is the only way when the Fundamental Rights shall be extended to the State of J&K and the people of J&K shall not fall victim to the blunders committed by the Central Govt. by adding Article 35A in the Constitution of India giving commanding power to the Legislative Assembly of J&K when it was not even born in 1954.”