NPP calls on all nationalist-progressive-secular forces to work out a joint action plan to defeat BJP

Addressing a Panthers activists rally in Jantar Mantar, New Delhi this afternoon, Prof.Bhim Singh, its Chief Patron made a strong appeal to all progressive, secular, nationalist and democratic political groups and parties to hold joint conclaves in all political sectors of India to work out a joint strategy to unite India against the communal, anti-national and reactionary forces which have been exploiting the innocent and illiterate masses in the country to suit personal interest of the sectarian and communal forces which have been misleading the innocent and uninformed masses to grab power and loot the nation.

            Looking at the voting pattern in the Assembly election the five states which has almost been concluded this afternoon, Prof.Bhim Singh expressed shock that the BJP has started blowing trumpets by winning majority of seats in the 126 Member Assembly state. Prof.Bhim Singh said that BJP could not open an account in Tamilnadu in spite spending over Rs.100 crores in the Assembly elections and could get only one seat Kerala where the BJP had used all foul and corrupt means in the election. The Prime Minister election tour on official helicopter and planes must have cost the national exchequer beyond Rs.50 crores. The people of this country have voted against communal and sectarian political party rejecting the Hindutva philosophy of BJP. This is established by the people that BJP got zero (0) in Tamilnadu & Pondicherry, one in Kerala and three in West Bengal.

            BJP, though has got majority in Assam but that majority vote were cost for BJP because utter failure of the Congress and other secular parties to involve the people in the political mission that could have satisfied the people that their problem political as well as economic shall be settled by the political parties. In Assam BJP got majority only because the Congress and other political parties like AGP failed to involve the people of Assam in the progressive and secular philosophy/action plan to settle the problems of the people of Assam mostly created because of illegal infiltration of undesired inflitrators from Bangladesh. NPP Supremo said that Prime Minister Narendra Damodardas Modi has been defeated and he should accept his moral and political defeat. Beating of trumpets and blowing horns in the streets of Assam would not give any credit to the sinking BJP and its leadership in India.        

            Addressing the strong group of students and youth in Jantar Mantar this afternoon, Prof.Bhim Singh proposed that three day national conclave shall be held in New Delhi in the middle of August, 2016 where the leadership of the youth and students from all progressive/secular/nationalist groups and societies shall be invited to participate. This shall be a great effort to organize a national movement in the country from Kashmir to Kanyakumari and Dwarka to Manipur to ensure that there shall be one Constitution and one Flag in the whole of the country. The outdated provision in the Constitution of India and in the civil and criminal laws shall also be amended so that the concept of equity and equality, peace and non-violence and mutual co-existence and disarmament shall be the new manifesto to unite India towards progress and peace.  

            Prof.Bhim Singh also proposed a committee of 20 activists to work out a manifesto for the next national convention in New Delhi in August this year.

President’s Rule in Uttarakhand, massacre of Constitution!

The norms and the principles laid down in the Constitution have been betrayed by the men who matter in the North & South Blocks, New Delhi. Uttarakhand episode shall be a living example how the mandate of the Constitution and rule of law has been hijacked by the South Block with an intention to grab power by hook or crook in a state governed by the political party other than the BJP. What happened in Uttarakhand governed by the Congress party needs an objective analysis by the legal Pundits who have been watching performance of the Modi government at the Centre.

Firstly, this is important to have a look into the composition of the political parties inside the Legislative Assembly of Uttarakhand. The Assembly has 70 elected Members. One MLA is nominated from the Anglo-Indian community in the State. The total number was 71. The Congress had 36 MLAs and naturally the government was run by the Congress Party under the leadership of Shri Harish Rawat, a veteran and honest leader of the party. The BJP’s masters in Delhi conspired to topple the government in the Himalayan States for the reasons to expand their RSS bases. Assam is going to the polls. Manipur is in trouble. Uttarakhand has faced the wrath of Modi rule in the Centre. Assembly elections were due after about 12 months in Uttarakhand but the BJP was in a hurry to topple Harish government so that the Assembly election could be held under Modi rule for the reasons which need not any explanation at this moment.

          This is pertinent to understand the logic and the parameters defined in Article 356 of the Indian Constitution to impose President’s Rule in any state, the President needs subjective satisfaction before he shall dislodge a state government under Article 356. There are instances when the President may intervene under this Article. If there is external aggression or internal disturbance and the state government is not capable to carry on in accordance with the provision of the Indian Constitution. This is mandatory that the President should be satisfied that a government in the state concern cannot be carried on in accordance with the provisions of the Constitution. It is only after the subjective satisfaction of the President that he can impose President’s Rule in a state. In the present case, there was no emergency involved in the state. There was no law and order problem. The government was running perfectely in accordance with the legal jurisprudence essential for a government to function. The Governor of the State has also fixed March 28 for the Legislative Assembly to test whether Mr. Harish Rawat/Congress Party enjoy majority in the Assembly. A Division Bench of the High Court could not be justified in postponing date of majority test which was fixed by an appropriate/ constitutional authority the Governor of the State. This decision of the High Court of Uttarakhand suffers from justiciability. The President should have overruled the faulty order of the High Court and allowed the sitting of the House as per decision of the Governor of the State.                                                                    

To implement Modi’s policy to dislodge secular governments in the States, it managed to buy 9 MLAs of the Congress Party with an intention to take over power in the Himalayan State where Panduvas ruled nearly 5000 years back. The first blunder which the leadership under Prime Minister Modi committed was an utter violation of the Defection Law. Nine MLAs could not be rescued under any imaginative stance of legal norms and the Defection Law. It was not a split. Not even 1/3rd MLAs could be bought or lured by the Modi power or money. Nine MLAs could not be defended under any legal norms or rule. It was only Modi rule that defended them. The Speaker of the Legislative Assembly, Mr. Govind Singh Kunjwal was fully competent and absolutely empowered under the Defection Law enacted by the Parliament (applicable to the State of Uttarakhand except J&K) to expell the nine defecting MLAs from the Legislative Assembly. This Order of the Speaker could be challenged before High Court but there is no legal authority with the High Court to restore the status of the disqualified 9 MLAs.

The present status in the Assembly has to be viewed with clear spectrum of constitutional mandate. There are (71-9 MLAs = 62). The Chief Minister, Shri Harish Rawat needs 62/2 +1  = 32. The Governor had fixed floor test on March 28, 2016 to decide whether Shri Harish Rawat enjoyed the majority. One MLA is nominated from the Anglo-Indian community namely Mr. Russel Valentine Gardener who has no voting right which is settled rule in the business of Parliament. That shows that Shri Harish Rawat needed only 31 MLAs to prove his majority, in the Assembly. Shri Harish Rawat has 27 sitting MLAs and support of 6 other MLAs from small groups etc. Shri Harish Rawat therefore has on this day, 1st April, 2016, 33 MLAs. The Speaker being the Presiding Officer holds the mandate to decide the issues within the Legislative Assembly in respect of the proceedings within the Assembly. This is settled law.

The legality of the declared to adjourn the Assembly session on 28th March was illegal and malafide, a Division Bench of the Uttarakhand High Court is not only under question but cannot be accepted by any measures or the scope of the Constitution. The High Court could not have deferred the floor test from March 28 to another day after a week. This Order of the High Court could not be justified by any stretch of the imagination as it violated the principles of natural justice, rule of law and even the credibility of the judicial standards. The Congress leaders had erred in the first instance to go to the High Court which is far away from Dehradun and located in a difficult terrain in Nainital. Secondly, the Congress legal barons should have consulted the leading men in profession like Shri K.Venugopal and Shri Ram Jethmalani. The Congress legal advisors failed to comprehend the situation which was being directly monitored by Shri Narendra Modi, the super man, in the Central government. This matter may come next week before the Supreme Court on a petition filed by Shri M.L. Sharma, Advocate which has questioned the Presidential Proclamation which was imposed in Uttarakhand. The Supreme Court may consider the issues which have emerged following the Uttarakhand episode. Yet the important point of law shall remain unanswered how Uttarakhand was placed under President’s Rule, once the Governor of the State had directed to hold Assembly session to give an opportunity to Shri Harish Rawat to prove his majority on March 28. S.R. Bommai’s decision of the Supreme Court of March 11, 1994 has been squeezed by a Division Bench of the High Court of Uttarakhand by overruling the decision of the Governor of the State to hold Assembly session on March 28. This is mockery of the law and betrayal of the mandate of the Constitution of India. Can Prime Minister Modi defend himself in the present case of Uttarakhand?

President’s Rule in Uttarakhand, massacre of Constitution

The norms and the principles laid down in the Constitution have been betrayed by the men who matter in the North & South Blocks, New Delhi. Uttarakhand episode shall be a living example how the mandate of the Constitution and rule of law has been hijacked by the South Block with an intention to grab power by hook or crook in a state governed by the political party other than the BJP. What happened in Uttarakhand governed by the Congress party needs an objective analysis by the legal Pundits who have been watching performance of the Modi government at the Centre.

Firstly, this is important to have a look into the composition of the political parties inside the Legislative Assembly of Uttarakhand. The Assembly has 70 elected Members. One MLA is nominated from the Anglo-Indian community in the State. The total number was 71. The Congress had 36 MLAs and naturally the government was run by the Congress Party under the leadership of Shri Harish Rawat, a veteran and honest leader of the party. The BJP’s masters in Delhi conspired to topple the government in the Himalayan States for the reasons to expand their RSS bases. Assam is going to the polls. Manipur is in trouble. Uttarakhand has faced the wrath of Modi rule in the Centre. Assembly elections were due after about 12 months in Uttarakhand but the BJP was in a hurry to topple Harish government so that the Assembly election could be held under Modi rule for the reasons which need not any explanation at this moment.

To implement Modi’s policy to dislodge secular governments in the States, it managed to buy 9 MLAs of the Congress Party with an intention to take over power in the Himalayan State where Panduvas ruled nearly 5000 years back. The first blunder which the leadership under Prime Minister Modi committed was an utter violation of the Defection Law. Nine MLAs could not be rescued under any imaginative stance of legal norms and the Defection Law. It was not a split. Not even 1/3rd MLAs could be bought or lured by the Modi power or money. Nine MLAs could not be defended under any legal norms or rule. It was only Modi rule that defended them. The Speaker of the Legislative Assembly, Mr. Govind SinghKunjwal was fully competent and absolutely empowered under the Defection Law enacted by the Parliament (applicable to the State of Uttarakhand except J&K) to expell the nine defecting MLAs from the Legislative Assembly. This Order of the Speaker could be challenged before High Court but there is no legal authority with the High Court to restore the status of the disqualified 9 MLAs.

The present status in the Assembly has to be viewed with clear spectrum of constitutional mandate. There are (71-9 MLAs = 62). The Chief Minister, Shri Harish Rawat needs 62/2 +1  = 32. The Governor had fixed floor test on March 28, 2016 to decide whether Shri Harish Rawat enjoyed the majority. One MLA is nominated from the Anglo-Indian community namely Mr. Russel Valentine Gardener who has no voting right which is settled rule in the business of Parliament. That shows that Shri Harish Rawat needed only 31 MLAs to prove his majority, in the Assembly. Shri Harish Rawat has 27 sitting MLAs and support of 6 other MLAs from small groups etc. Shri Harish Rawat therefore has on this day, 1stApril, 2016, 33 MLAs. The Speaker being the Presiding Officer holds the mandate to decide the issues within the Legislative Assembly in respect of the proceedings within the Assembly. This is settled law.

The legality of the declared to adjourn the Assembly session on 28th March was illegal and malafide, a Division Bench of the Uttarakhand High Court is not only under question but cannot be accepted by any measures or the scope of the Constitution. The High Court could not have deferred the floor test from March 28 to another day after a week. This Order of the High Court could not be justified by any stretch of the imagination as it violated the principles of natural justice, rule of law and even the credibility of the judicial standards. The Congress leaders had erred in the first instance to go to the High Court which is far away from Dehradun and located in a difficult terrain in Nainital. Secondly, the Congress legal barons should have consulted the leading men in profession like Shri K.Venugopal and Shri Ram Jethmalani. The Congress legal advisors failed to comprehend the situation which was being directly monitored by Shri Narendra Modi, the super man, in the Central government. This matter may come next week before the Supreme Court on a petition filed by Shri M.L. Sharma, Advocate which has questioned the Presidential Proclamation which was imposed in Uttarakhand. The Supreme Court may consider the issues which have emerged following the Uttarakhand episode. Yet the important point of law shall remain unanswered how Uttarakhand was placed under President’s Rule, once the Governor of the State had directed to hold Assembly session to give an opportunity to Shri Harish Rawat to prove his majority on March 28. S.R. Bommai’s decision of the Supreme Court of March 11, 1994 has been squeezed by a Division Bench of the High Court of Uttarakhand by overruling the decision of the Governor of the State to hold Assembly session on March 28. This is mockery of the law and betrayal of the mandate of the Constitution of India. Can Prime Minister Modi defend himself in the present case of Uttarakhand?

NPP Supremo urges J&K Governor to dissolve J&K Assembly which is breathing on oxygen

Prof.Bhim Singh, Chief Patron of NPP has urged Shri N.N. Vohra, the Governor of J&K to close the doors of so-called negotiation with PDP and BJP in J&K begging them to wear the power crown in J&K so that the loot and anti-national agenda of handful of enemies of the country is allowed to flourish in the state.

          Prof.Bhim Singh reminded the J&K Governor that he is authorized by the State Constitution under Section 53 to dismantle the State Assembly in case there is no possibility of setting up a reasonable government of a party or parties which have unequivocal commitment to the Constitution of India to uphold national unity and its integrity. He said that the two parties namely PDP and BJP are poles apart in action and in their manifestos where they had sworn in before the Chief Election Commission of India to uphold the national unity, integrity and its commitment to national integration. The NPP Supremo said that Prime Minister Modi is more interested in power for his party than for the unity and integrity of the country. He is more passionate to protect saffronism than secularism and this was a national tragedy that Prime Minister Modi sacrificed the national commitment of his party for integration of J&K with the rest of the country. He said that Prime Minister Modi has forgotten that Article 370 is poisonous pill in the heart of the Indian Constitution which has kept J&K away from the rest of the country. He questioned the BJP’s role in J&K which is no less than those who were responsible for creating communal and sectarian conflict in the country.

NPP Supremo accused PM Modi for siding with the undesirable forces in J&K just for power least realizing that his alliance for power with PDP or NC is more dangerous than the ISI sabotage in J&K. He said PM Modi and his advisors have no idea about the situation prevailing in J&K nor they have any knowledge of the historical background vis-a-vis the Accession of the State with the rest of the country. He asked, does PM know the intriguing language used in Article 370?  Does he know the Article 370 collapsed on August 20, 1952 when so called state Constituent Assembly abolished Monarchy in the State? Does he know that J&K was not merged in the Union of India when all states joined the Union of India by 26thJanuary, 1950?  Does the PM know why J&K was not merged in the Union of India in 1950 with others states? Does he know that Article 370 turned dead on August 20, 1952 when the monarchy was abolished and Dr. Karan Singh was re-designated as Sadre-Riyasat from his status of ‘the Regent of the state’?. Does PM know that the Parliament he represents has no authority/power/jurisdiction to make any law vis-a-vis Jammu and Kashmir? Prof.Bhim Singh called on the Prime Minister and his team to find out the answers to these questions before he finally takes a dig in the politics of Jammu and Kashmir. 

Prof.Bhim Singh said that the Prime Minister owes a responsibility to answer why no government could be formed in more than two months in J&K? And why the Governor was forced to shut his pen to dismiss the State Assembly and go for fresh polls. He accused both the Congress and the NC leaders for shutting their ears and wrapping their eyes so that they see no evil and hear no evil. NPP Supremo blamed RSS to try to inflame communal passion in the country by trying to create vertical division in the society so that their dream of Hindutva rule is realized.

Prof.Bhim Singh expressed serious concern on the silence of national newspapers and media in the country to impose undeclared ban on the political situation and the activities of the nationalist political parties and the people. He accused Modi government for silencing the national media from reporting the facts and happenings in J&K. This is worst than emergency which people of J&K have been facing so that none shall, in the rest of the country, no the actual state of affairs and the truth vis-à-vis the situation in the state. BJP is lust for power in Kashmir can endanger the walls of National Integration.      

NPP makes strong appeal to Parliament to intervene to ensure benefits of Fundamental Rights for residents of J&K

The people of J&K have been suffering and passing through miserable times since 1950, when Constitution of India was adopted by keeping the Indian citizens (residents of J&K) out of the scope of the Constitution. The Panthers Party is committed to ensure delivery of all fundamental rights to the residents of J&K so that they are not deprived of the benefits of Fundamental Rights.” Prof.Bhim Singh, Chief Patron of J&K National Panthers Party made this announcement while addressing large rallies of residents of Poonch District in Poonch and Surankote today.

Prof.Bhim Singh made strong appeal to the residents of Poonch District who have been living in most difficult times and dangerous situation as Line of Control (LoC) runs through the hills of Poonch District. Prof.Bhim Singh said that the only solution of the problems of J&K lies in reorganization of the state. He argued forcibly in favour of reorganization of J&K by establishing Jammu Pradesh and Kashmir Valley State with freedom to the people of Ladakh region for opting Union Territory Status.

Prof.Bhim Singh strongly pleaded to make the temporary borders between India and Pakistan soft so that the divided families in thousands may get opportunity to cross LoC from either side without any problem or without any security risk. He said that reoganization of the state is the only way to ensure justice to the people of three regions. He made strong appeal to the people of Ladakh, Kashmir and Jammu to join the movement launched by the Panthers Party for the reorganization of the State of J&K. Prof.Bhim Singh strongly pleaded that this mission for peace can be achieved by the intervention of the Parliament of India by amending Article 370. He said that people of J&K cannot enjoy the full freedom of India nor its privileges unless Article 370 is amended and the Parliament granted full power to intervene vis-à-vis J&K. He said that Parliament should intervene, amend Article 370 and empower Parliament to take care of all the subjects enumerated in Article 370. The subjects mentioned in List-II (State List) shall be transferred to the legislature of Jammu State and Kashmir Valley State.

The rally was also addressed in Poonch by the several state and the district leaders including Ms. Anita Thakur (General Secretary), Mr. Ashfaq Rana (President, Distt. Poonch), Sardar Zorawar Singh (Secretary-JKNPP), Mr. Kuldip Raj Sharma (District Vice President), Mr. Tariq Khan (State Secretary), Mr. Rashid Mukeri and Mr. Salim Ahmed, Advocate (General Secretary-Young Panthers). Several noted social activists including Haji Mohd. Kalai resigned from the Congress Party after 50 years of his involvement in the Congress and joined the Panthers Party. Ms. Jabeena Begum, District President of Muslim Rashtriya Manch (floated by the BJP) resigned from the party and joined the Panthers Party. She declared in public meeting that she will work for the establishment of Jammu Pradesh in the interest of communal harmony of the entire people.

The Panthers Party also held a strong rally in Surankote and declared that the Panthers Party shall fight for fundamental right for all the residents of J&K. Prof.Bhim Singh urged the Union Home Minister, Shri Rajnath Singh to intervene to ensure that young labour/youth from Rajouri-Poonch Districts should be provided passports to travel to Saudi Arabia or to other Gulf States where the young people go for work and earned money. Prof.Bhim Singh accused the administration that they have banned passports to the youth who are not matriculates with the result many young people have been deprived to travel to the Gulf countries to earn their livings.

Ms. Anita Thakur, General Secretary also constituted Women Wing of the Panthers Party in Rajouri and Poonch Districts with a mission that the women of these borders and hilly region of Jammu shall get an opportunity for full participation in the social and political activities.