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| J&K HC directs EC to stop people from subverting Indian Constitution | | | Hari Om | 10/14/2013 11:00:53 PM |
| The J&K High Court has done what the Congress-led UPA Government, which was Constitutionally, politically and morally bound to protect the Indian Constitution and take care of the sensitivities of the minority communities in J&K, failed to do during the past more than nine years of its gross misrule. The other day, the High Court directed all Constitutional authorities, including the Election Commission and the Government of India to ensure that anyone trying to subvert the Constitution of India is stopped as per the law of the land.
“Besides all Constitutional and statutory authorities, the Union of India through home secretary is directed to consider and ensure all persons and organisations who attempt to subvert the Constitution of India, are stopped in their tracks by taking recourse to the provision of law,” said the historic judgement. The 32-page judgement was passed by Justice Muzaffar Hussain Attar on October 9, 2013, while disposing of the petition filed by Sanjay Tickkoo and others seeking directions to the State and its authorities for protecting and preserving their religious places in Kashmir.
The Jammu & Kashmir High Court, which unequivocally underscored the country’s secular character and advocated the need for “upholding Constitutional mandate”, directed the State Government through the chief secretary to “take all required steps in accordance with the law for protection of religious places of Kashmiri Pandits saying in this process any person who may be affected, shall be afforded opportunity of hearing and thereafter appropriate orders be passed”. “The authorities, besides taking appropriate action in terms of the existing laws, may consider making new laws for accomplishing the said purpose,” the judgement also said.
The Chief Election Commissioner (CEC) should (a) consider “issuance of executive instructions for disqualifying of such persons from contesting elections to the Parliament and State legislatures and for barring such organisations and individuals”; (b) “the CEC of India (should) invoke the provisions of law, including that of Representation of Peoples Act against the person(s) and organisation(s) whose actions and utterances pose threat to the Constitution of India”; (c) those who attempt to subvert the Constitution and pose threat to secular polity should “be prevented from seeking election to Parliament and State Legislatures”;
(d) “Authorities may take all other steps in accordance with the Constitution and laws of the land to ensure that the Constitution is not directly or indirectly subverted and unity and integrity of India is maintained”; and
(e) “All other Constitutional authorities may take steps in accordance with Constitution of India and Constitution of Jammu & Kashmir and laws of the land for protecting the religious places of petitioners (read representatives of the miniscule minority of Kashmiri Hindus), including the places of cultural heritage” were some other very significant highlights of the judgement.
It bears recalling that secessionist and communal violence gripped Kashmir valley in early 1990s. The anti-India movement continues unabated even today. Rather, things in Kashmir today have assumed highly alarming proportions and it is difficult to say that things would improve in the foreseeable future considering the nature of leadership that has been at the helm in New Delhi and Jammu & Kashmir. Those who unleashed the anti-India movement under the inspiration of Pakistan not only attacked the symbols of Indian State but also targetted the unprotected and hapless miniscule minority of Kashmiri Hindus.
Their religious places were vandalised. Some of them were burned down and some of them were raised to the ground. Their properties were also targetted and grabbed. Terrorists and fanatics killed many Hindus in a short span of time. Their daughters and sisters were also not spared. They perpetrated all sorts of barbarities on male and female members of the Kashmiri Hindu community. The nature and magnitude of the anti-India and anti-Kashmiri Hindus movement and the indifferent attitude of the authorities to the regressive movement was such that all, barring a couple of thousand Kashmiri Hindus, migrated to Jammu and other places outside the Valley to save their religion, culture, dignity and honour in early 1990. What happened between November 1989 and April 1990 is being described by the internally-displaced Kashmiri Hindus as ‘genocide’.
Ever since then, they had been moving from pillar to post to seek the intervention of the authorities in New Delhi so that they could go back to their original habitat, lead there a dignified and secure life and their places of worship could be restored to their pristine glory. Their representatives not only approached the authorities in New Delhi umpteen times during these over 23 years of their forced exile to seek justice, but they also approached the authorities in J&K, but with no result. Ultimately, some of the aggrieved Kashmiri Hindus approached the Supreme Court of India and filed a PIL. One of their grievances was that “uncouth attempts have been made by some locals and non-locals to change the status of their religious places into commercial premises”. However, the Supreme Court maintained that their PIL was not covered under the PIL guidelines.
In fact, the Assistant Registrar of Supreme Court vide his communication dated April 4, 2007 informed the petitioners that their “petition was not covered under PIL guidelines” and “they are advised to file proper petition before the concerned High Court for grant of desired relief”. At the same time, the court observed that the “question raised has to be debated, considered and earnest and honest effort is to be made to cull out a legal and constitutional answer to it”.
Thereafter, the petitioners approach the Jammu & Kashmir High Court and sought its intervention. The considered the petition and finally passed a landmark judgement. Now that the J&K High Court has said what it said in its judgement, it is time for the Election Commission to respect the Court verdict and debar Chief Minister Omar Abdullah and his ilk in the Government and his Council of Ministers, who have been subverting the J&K Constitution and the Constitution of India by challenging Section 3 of the State Constitution and Article 1 of the Indian Constitution, which say that the entire J&K, including the territories under the illegal occupation of Pakistan, is and shall be an integral part of India. Omar Abdullah questioned the State’s accession on October 6, 2010, March 25 and September 25, 2013.
On October 6 and March 25, he questioned the State’s accession on the floor of the Assembly violating the oath of office and on September 25, he tried to internationalise the Kashmir issue during his meeting with the visiting European Union delegation. Not only Omar Abdullah, even Union Minister P Chidambaram has indirectly questioned the political status of J&K saying “Kashmir is a unique problem that needs a unique solution”. Let’s see what the Election Commission of India ultimately does to respect and implement the judgement of the State High Court. Courtesy: www.niticentral.com
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