Omar for special session of JK legislature on Article 35A

19/08/2017

SRINAGAR, Aug 18: National Conference working president Omar Abdullah today sought a special session of the Jammu and Kashmir Legislature before August 29 to frame an appropriate response to counter the narrative on Article 35A of the Constitution.
The issue is of vital importance for the people of Jammu, Kashmir and Ladakh as abrogation of Article 35A will have serious ramifications, Omar said in a statement issued by the National Conference here.
The former chief minister expressed grave concern over the reported "unsatisfactory response" of the central and state governments in putting up a strong case before the Supreme Court, hearing a plea against the constitutional provision empowering the state to determine the issues with regard to permanent residence.
The observation of the Centre's attorney that the issue needs wider discussions has created apprehension in the public mind about intentions of the BJP-led NDA government, he added.
In such a situation, the state legislature will have to take a call on this fundamental issue, especially as the Constitution empowers the Legislative Assembly to determine the issues with regard to permanent residence, Omar said.
He appreciated general consensus across the state, irrespective of caste, creed, religion or region, with regard to preserving of this significant constitutional guarantee bestowed upon Jammu and Kashmir by the Constitution of India.
Omar hoped that the people of Jammu and Kashmir would rise above party politics and fight every "overt or covert attempts to trample with Article 35A", which is regional neutral, religious neutral and ethnic neutral.
He said abrogation of Article 35A would be detrimental to every segment of society in Jammu and Kashmir.
However, BJP today attacked National Conference leader Omar Abdullah, saying he was fooling the peole of Jammu and Kashmir on Article 35A which grants special privileges to citizens of the state.
The state unit of the party said Kashmiris are settling in Jammu province under a "design" even while they are vehemently opposing the settlement of Kashmiri Hindus and construction of Sainik Colony for the defence personnel in the valley.
"Omar Abdullah is befooling the people of the state by saying that State Subject law practised (Article 35A) in the state does not allow any sex or gender or regional discrimination," party unit's spokesperson Virender Gupta said here.
"State Subject and Article 35A are basic issues that not only allow discrimination on the basis of sex but violate the Article 14 and 16 of Indian Constitution," he added.
Gupta talked about the issue of stringent conditions that have been imposed by the state government for getting State Subject (special residency certificate) issued in favour of its bonafide citizens.
"The people of Jammu region find it difficult to get State Subject issued in favour of their wards and most of the genuine people are facing the prospect of becoming non-State Subjects," he added.
He said such conditions are created by the political class of the Kashmir valley that none among the State Subject holders of Jammu province can settle in the valley.
"The settlement of Kashmiri Pandits back in the valley and construction of Sainik Colony for the defence personnel, those who are bonafide State Subjects, are being vehemently opposed," Gupta said.
The spokesperson said that instead of creating hue and cry about the issue of Article 35A, Omar should wait for the outcome of the case in the Supreme Court.
Gupta also contradicted the statement of Omar that other states like Himachal Pradesh and North Eastern States have laws similar to that of State Subject prevailing in J&K.
He also rubbished Omar's allegation that BJP is playing divisive politics and dividing the people of the state.

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