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| Will ECI debar Omar Abdullah, others from contesting election? | | Path-breaking judgment | |
Early Times Report
Jammu, Oct 12: On October 10, the single-judge bench of the Jammu and Kashmir High Court delivered a great judgment disposing of a petition that had sought protection and preservation of Hindu temples in the Kashmir valley. Disposing of the writ in favour of the petitioners, Justice Muzzaffar Hussain Attar made many observations in his judgment. One of his unambiguous suggestion was that those who question the Constitution of India and pose a threat to the country needed to be debarred from contesting election to the Parliament and the State Legislatures.
"The Chief Election Commission of India (need) to invoke the provisions of law, including that of Representation of People’s Act against the person(s) and organization(s) whose actions and utterances pose threat to the Constitution of India…Those who attempt to subvert the Constitution of India and pose threat to secular polity (need to) be prevented from seeking election to the Parliament and State Legislatures …Authorities may take all other steps in accordance with the Constitution of India and laws of the land to ensure that the Constitution of India is not directly or indirectly subverted and unity and integrity of India is maintained," the Judgment, among other things, read.
Justice Attar not only made these suggestions but also directed the Election Commission of India to issue executive orders so that those who subvert the Constitution and pose threat to national unity are prevented from contesting election. If one goes by the wording of the judgment than it can be said that almost all the NC MPs and MLAs deserve immediate disqualification because Omar Abdullah and his colleagues in the Assembly have repeatedly questioned the Indian Constitution and said that the extension of Central laws have led to the estrangement of Kashmiri people from the mainstream politics. Omar Abdullah has even questioned Article 1 of the Indian Constitution and section 3 of the Jammu and Kashmir Constitution which say Jammu and Kashmir is and shall always be an integral part of India. Will the ECI take cognizance of what the NC leaders have been doing to undermine Indian sovereignty and unity and integrity of India by making unsettling statements?
This question becomes very relevant in the context of the High Court judgment. |
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