New Delhi NPP held protest at Jantar Mantar demanding imposition of Governor Rule in J&K

Presented the following Memorandum to the Speaker

Petition to the Hon’ble Speaker, Lok Sabha

New Delhi

Sub:-Petition to the Hon’ble Speaker to introduce amendment in Article 370 for the safety, security and integrity of the nation.

 

Hon’ble Speaker, Madam,

Jammu and Kashmir National Panthers Party is submitting the following amendment in Article 370 of the Constitution of India to be introduced and carried in the Constitution of India in the interest of national integrity, security and unity of India.

It is submitted that a temporary provision under the name and style, “Temporary provision-Article 370” was inserted in the Constitution of India as a temporary faith at the time of promulgation of the Constitution of India on 26th January, 1950. This Article was temporary and heavily defended by the Chairman of the Constituent Assembly Dr. Bhimrao Ambedkar. This was assured that this provision was temporary and would not continue long.

The blunder committed by the Constituent Assembly cannot be ignored by keeping State of J&K out of the Union of India and the State ruler Maharaja Hari Singh was forced to continue as Ruler. J&K was only state which was not merged into the Union of India by the Constituent Assembly. This blunder has proved a disaster for the national unity and the Parliament has not till date declared the merger of J&K with the Union of India.

That Article 370 has turned out to becancer’ in the heart of the Constitution of India and the responsibility for this tragedy lies on the Parliament of India which has failed to take appropriate action in 67 years or so.

The Panthers Party urged on the Hon’ble Speaker to introduce amendment in Article 370 in the Constitution of India by deleting Clause (3) of Article 370 which bars the supreme power of the Parliament to amend any (a) provision of Article 370.

It is submitted that India is one from J&K to Kanyakumari and therefore one nation cannot be governed by the separate Constitution. The Parliament of India is fully competent to amend Article 370 and extend the domain of the Constitution of India from Kashmir to Kanyakumari with one flag and one constitution.

demo-370The Panthers Party would like to submit before the Parliament that the Parliament should act boldly in the interest of unity, integrity and sovereignty of India from J&K to Kanyakumari. The power of Parliament to legislate in respect of the subjects mentioned in List-I of Schedule-VII should be restored in respect of J&K which acceded to the Union of India under the seal and signatures of the then ruler of J&K, Maharaja Hari Singh. This decision of the ruler of J&K was in accordance with the dictates of the Instrument of Accession. Similar Instruments of Accession signed by 577 Rulers/Maharajas/Nawabs of their respective states were accepted by the Constituent Assembly keeping J&K away but expelled the Maharaja from J&K state for personal vengeance.

            The Parliament of India must exercise its supreme power to amend temporary provision of Article 370 which is possible only by a majority vote as this is an ordinary amendment to amend only a temporary provision. Parliament of India under the leadership of Prime Minister Morarji Desai removed right to property (Article 31) from the Chapter of Fundamental Rights. If Parliament can amend a provision relating to fundamental rights, what stops that Parliament to amend/remove a temporary provision (Article 370) which was inserted into the Constitution for only avenging the ruler of Kashmir for personal vendetta.

            The Panthers Party would like to make a strong appeal to Hon’ble Members of Parliament to take this most needed step to ensure that there is one Constitution and one Flag for the entire Union of India from Kashmir to Kanyakumari and Gujarat to Nagaland. The people in J&K have been suffering for want of fundamental rights which are not applicable to the residents of J&K as the fundamental rights are not available in the so-called Constitution of J&K.

            This is strong submission by J&K National Panthers Party that the residents of J&K being citizens of India may be extended all fundamental rights without any delay. There is a need to dissolve the present Assembly in J&K, dismiss the Government in the state and invoke Section 92 of the J&K Constitution so that the Governor Rule is imposed without any delay to ensure return of peace and fundamental rights to every citizen of India residing in J&K.

            With warm regards and hopes for justice,

Yours sincerely,

 

Prof.Bhim Singh

Chief Patron

Dogri Research Scholars in JU call on Prof. Bhim Singh, with their memoranda on their problems

jammu-=pressNearly two dozen Ph.D Scholars of Dogri Language Department in Jammu University met Prof. Bhim Singh, Chief Patron of NPP this morning with their strongly built memoranda on their problems they have been facing as scholars in Jammu University.

The scholars in their interaction they pleaded with Prof. Bhim Singh for  Panthers Party support to ensure a workable and genuine solution to the problems being faced by the scholars in Dogri language and the students in Jammu province. The scholars pleaded that Jammu Province is not provided educational facilities in Jammu Province. It is sad that districts of Poonch, Rajouri, Kishtwar, Doda and Ramban have not been provided a single school or college in the above said five districts when each district is having a sizable percentage of Dogri speaking state residents. The scholars told Prof Bhim Singh that there are 512 educational institutions in Jammu Province whereas with Dogri is start only in 60 institutions. The scholars said that this is tragedy that the Central University Kashmir is heaving ‘Kashmiri language’ as a subject in the list of syllabi. The biggest discrimination is noticed that the Central University in Jammu has not cared to include Dogri Subject in its syllabus.

  1. The Dogri Research Scholars submitted a memorandum demanding that Dogri should be included as a compulsory subject in all the colleges of Jammu Province.
  2. The Dogri scholars demanded that Dogri should be taught in all the higher secondary (10+2) schools in Jammu Province where Dogri has a prominent place among the local language.

iii.                              The Dogri scholars also demanded that Dogri should be included in the syllabus of 10+2 courses throughout Jammu Pradesh.

  1. The scholars also wanted that every educational institution where Dogri is included in the syllabus (60 colleges and several schools) as a compulsory subject.  The scholars regretted that the government of Jammu and Kashmir has proposed only four posts for teachers job in Dogri ignoring completely the demand for such teachers in the educational institutions where Dogri is included in the teaching syllabus.  Selecting four teachers for Dogri is not only discriminatory against the Dogri language but also an unforgivable fraud against the people of Jammu Pradesh.
  2. Those Dogri scholars of JU who were present in the meeting included Gopal Singh, Sonika Jasrotia, Manisha, Sheetal Sharma, Deepika Sharma, K. Khajuria, Rituraj Sharma, Sunil Kumar, Meenakshi, Asha Rani and others.
  3. Several senior leaders of the Panthers party were also present in the meeting included  Ms Anita Thakur State General Secretary, Rajesh Pargotra Provincial President, S. Paramjit Singh Marshal President PTU, Manoj Gupta, Shanker Chib and others.

 

Prof. Bhim Singh in a strong note to Shri Raj Nath Singh, the Union Home Minister urged to take this issue for consideration without delay so that the Dogri language which is in 8th schedule in Indian Constitution shall not fall victim to the conspiracy being hatched by handful of Congress–NC–PDP leaders who have been exploiting the people of Jammu and Kashmir for their personally interest and interest of some agencies working behind to sabotage the union of the state with the rest of the country.  Prof. Bhim Singh assured the scholars that he shall take up the matter before the Supreme Court of India to ensure justice and equity to the students of Dogri language.

Confederation ‘Kashmir’ & ‘Jammu’ States

Constitution of the Union of India was adopted on 26th January, 1950. Federation of State was declared after three years long debate of the leadership of the country from different walks of life. The ruler of Baroda, Gaekwad did not sign the Instrument of Accession by 14th or 15th of August. He, rather signed the Instrument of Accession in 1948. The Constituent Assembly included the state in the List of States which were included in the Union List. Hyderabad and Junagarh did not sign the Instrument of Accession at all. The government of India took over Hyderabad and Junagarh by military intervention. The question that remains unanswered till this day as to why J&K was not acceded to the Union of India, though Maharaja Hari Singh of J&K had signed the Instrument of Accession on 26th October, 1947 in the presence of Shri V.P. Menon, the then Union Secretary. The Maharaja offered his consent to accede at the Amar Singh Palace at Jammu in the presence of Shri V.P. Menon. This was most unfortunate and unforgivable decision taken by the then government of India. There were members from Jammu and Kashmir representing the state in the Constituent Assembly of India. They included Sheikh Mohd. Abdullah, Mr. Mirza Afzal Beg and two others. Article 370 was inserted in the Constitution of India, an unforgivable blunder which has subjected the entire country to chaos and international crisis. This Article vested constitutional authority to the State of J&K headed by Maharaja Hari Singh till 20th August, 1952, the day Sheikh Abdullah was removed from power and put behind the bars. The Indian leadership has never been able nor it shall ever be in a position to explain its conduct vis-a-vis its constitutional relationship between the Union of India and the unfortunate state of J&K.
Article 370 collapsed on the day, Sheikh Mohd. Abdullah was dismissed and the state of J&K was brought under the direct control of Constitution of India. Article 370 was introduced only to give a face shaving to the status of Monarchy (headed by Maharaja Hari Singh). The day Monarchy was abolished, Article 370 became redundant rather was litterally washed away from the pages of the Indian Constitution. Article 370 has been used as a blind weapon to demolish the seedlings of democracy and rule of law in the state of J&K. The state of J&K was formulated in 1946 by Maharaja Gulab Singh signing the Treaty of Amristar with the outgoing East India Company. The Kashmir Ghati State and Ladakh were put together naming the state as Jammu, Kashmir and Ladakh. Today Ladakh is moving towards its autonomous self whereas the people of the Valley of Kashmir have been putting all their resistance seeking autonomous status which it was enjoying before 1846 as a province of Punjab.
Today Assam has been dissected into seven states, even Andhra has been divided and Punjab has emerged into three states; Punjab, Himachal Pradesh and Haryana. The time has come when reality needs to be accepted. It is time when J&K should be reorganized by establishing Jammu State, Kashmir Ghati State with liberty to the people of Ladakh to accede to either of states or take shelter as a Union Territory. The people in POK shall have freedom to join Jammu State and similarly the people of Gilgit-Baltistan may choose Ladakh if they wish. This is the only solution for peaceful resolution of the present state of J&K. No war, no hatred, no bullets, no discrimination and peaceful co-existence.
discrimination and peaceful co-existence.
The J&K National Panthers Party is committed for reorganization of the State by floating ‘Twin States’ doctrine so that Jammu State and Kashmir Ghati State shall grow as sister states with one Governor and one High Court.

NPP & others condemn bloody attack on Bacha Khan University in Pakistan

National Panthers Party and several other students and youth organizations of India condemned the bloodiest attack against humanity in Bacha Khan University, Pakistan this morning massacring several students and teachers attending a university function.

Prof.Bhim Singh, Chief Patron of National Panthers Party and Convenor of World Peace Organization strongly condemned the bloodiest attack against innocent people (students and teachers) observing death anniversary of Bacha Khan Abdul Gaffar Khan. Several activists of the Panthers Party condemned this murderous attack against humanity in Peshawar and expressed sympathies with the families of those who lost their members of the family in this bloodiest attack.

The Panthers Party organized meeting to condemn this bloodiest attack against humanity and expressed condolences to the families who lost their dear ones/relatives in Peshawar this morning. The condolence meeting was held in Srinagar, Jammu and New Delhi at the headquarters of National Panthers Party.

Prof.Bhim Singh called on the peace-loving organizations, groups and individuals all over the world to raise a voice for peace and against violence so that the people in the world may live in peace and honour.

Your Excellency’s intervention is needed to avoid disaster in J&K.

Prof. Bhim Singh
(Member, National Integration Council)
&
(Sr. Advocate, Supreme Court of India)

Chief Patron : National Panthers Party

For Publications

15th January, 2016
New Delhi
H.E. Shri Pranab Mukherjee
Hon’ble President of India,
Rashtrapati Bhawan,
New Delhi

Sub:- Your Excellency’s intervention is needed to avoid disaster in J&K.

Your Excellency, Sir,
The political ‘quake’ in Jammu and Kashmir following unfortunate and sad demise of Mufti Mohd. Sayeed has disturbed the political and social combinations and permutations in J&K. There is no political party which is having even one-third’s of MLAs in the Assembly. The disgusting alliance between the PDP and BJP could not enjoy acceptability of the people of J&K for many reasons. It was the personal initiative of Mufti Mohd. Sayeed that ‘hawks’ and ‘doves’ could be caged together and thirst for power was the biggest factor.
After the departure of Mufti Mohd. Sayeed from the political scene there is no ground/reason which will help the two parties, PDP and BJP to go together in J&K. There are several factors which need no further elaboration vis-à-vis the political instability in J&K. The important point is that there is no single party which has a strength of one-third even in the Assembly of 87.
The PDP headed by Mrs. Mehbooba Mufti, Member Lok Sabha has only 27 MLAs and there is no political equation or understanding with BJP which has 25 MLAs. The two parties ruled in J&K and that was possible only with the political wisdom of Mufti Mohd. Sayeed who worked as Union Home Minister with the government of Shri V.P. Singh. Now the situation stands changed. There are three vertical divisions in the PDP. The BJP is also a divided house. BJP has been supporting the government only to swallow their share in the loot which was possible only by sharing power in the state.
One group in the PDP is controlled by a lobby hostile to the Constitution of India. Another group in the PDP is opposed to Mehbooba Mufti for different reasons. The BJP has lost its base in Jammu Pradesh because the people realized that BJP had no commitment to uphold the national cause or the Constitution. There is a way and a strong way in support of reorganization of the state of J&K and the BJP has lost its credibility among their own supporters and voters. This is the reason that the BJP leadership in J&K has started licking up the shoes of the Kashmiri leadership.
I am making this submission to Your Excellency to request for your urgent intervention in the interest of unity, integrity and sovereignty of the entire nation by your personal intervention to save the situation in J&K by your kind advice to the Governor of J&K to dissolve J&K Assembly by invoking Section 53 (2) (b) of the Constitution of J&K. Section 53 (2)(b) has vested power in the Governor of J&K to dissolve the Legislative Assembly. This exercise was challenged in the High Court of J&K when Shri Jagmohan, the then Governor dissolved the Legislative Assembly in 1990. The High Court in its judgment upheld the power/authority of the Governor to dissolve the Legislative Assembly. The situation today demands that the present Legislative Assembly needs to be dissolved without any delay as Legislative Assembly is not capable to function and deliver.
This is further requested that the delimitation process was throttled by the previous governments and there has been delimitation of the Assembly constituencies since 1995. In J&K the life of an Assembly is six years and there has been no delimitation of the Assembly constituencies since 1995 though four districts were added in Jammu and six in Kashmir Valley. There are several Assembly constituencies which fall in two districts which is against the mandate of the Peoples Representation Act. Similarly, seven constituencies are reserved for the SC only in Jammu province. They have been under reservation since 1996 and there is no hope for the rotation of reserved constituencies for another 30 years. The reserved constituencies throughout the country were rotated in 2001 by a National Commission appointed by the Parliament of India under the Chairmanship of Justice Kuldip Singh. This was unfortunate that this commission was not extended to J&K.
The President of India is empowered by Article 370 of the Constitution of India to amend any part or provision in this Article. The Hon’ble President is empowered to make any amendment in Article 370. This is the right time that Article 370 is amended by the President of India who enjoys exclusive power to do so. It is urged that President of India should amend Article 370 so as to establish Indian state of J&K as confederation of J&K. The President may be pleased to reconstitute the state as confederation of J&K by establishing twin states namely, Jammu State and Kashmir Ghati State. The Ladakh region may be brought in the list of Union Territories after seeking the opinion of the Ladakhies. This is also pertinent to mention that each state within the confederation should have controlled over the subjects enumerated in the State List. The concurrent list may be shared by both the states. The state can continue as twin states with one Governor and one High Court.
Your Excellency I hope and trust that you shall be gracious enough to consider my suggestions I have mentioned above after a living experiment of 50 years in the political battlefield of J&K. Your Excellency has been entrusted full power/authority by the Constitution of India to deal with Article 370 of the Indian Constitution which was introduced on 26th January, 1950 to deal with J&K where Monarchy was not abolished (what reasons, this is not right time to discuss this fact). Monarchy was abolished by the Constituent Assembly on 20th August, 1952 under the leadership of Sheikh Mohd. Abdullah. This brought an end to Article 370. It trailed behind due to the failure of the Parliament of India at that time. Article 370 had lost its existence at that time only. It is now a dead snake having no legal effect or constitutional validity.
I am sure Your Excellency may be pleased to go through by submission and take appropriate measures as the President of India having full authority and competence to deal with Article 370 and integrate the entire state of J&K with the Union of India w.e.f. 27th October, 1947.
With warm regards,
Yours sincerely,

Sd/-
Bhim Singh