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Restoration of pre-53 in J&K will balkanize nation: Hari Om
5/17/2016 11:12:37 PM
Early Times Report

JAMMU, May 17: Expressing grave concern over the NC's demand seeking restoration of pre-1953 politico-constitutional status and the indifferent attitude of Jammu's political class to it, Jammu for India convenor, Prof Hari Om, on Tuesday said that the demand, if accepted, will culminate in another communal partition of India and balkanize the country.
"Restoration of pre-53 position would automatically mean withdrawal of all central law and institutions from J&K, subversion of democracy and re-establishment of local oligarchy under which the ruling elite in Kashmir will enjoy unbridled legislative, executive and judicial powers and people will have no say whatsoever in the governance of J&K. It will deprive people of J&K of even those normal civil and political rights which are today available to them under J&K Constitution of 1957. It will also mean a step short of complete independence of J&K from India. Besides, it would mean the revival of J&K Constitutional Act of 1939 and its section 75, under which the State Council of Ministers, and not the judiciary, shall be the final interpreter of the constitution," asserted Prof Hari Om.
He added that J&K Constitutional Act of 1939 was in vogue in the state before January 26, 1957 with minor changes here and there and it was only in January 1957 that the existing J&K Constitution was enforced. The restoration of the pre-1953 position will also mean the revival of the offices of Sadar Riyasat and Wazir-e-Azam, he said, adding that these offices were replaced with the offices of Governor and Chief Minister during the Congress regimes in J&K and Delhi in 1965 to bring J&K at par with other states of the Union. Besides, the restoration of pre-1953 days would mean committed judiciary and committed Sadar-e-Riyasat, he further said.
Prof Hari Om said that the restoration of pre-1953 position will also mean the revival of the pernicious J&K Press and Publication Act of 1932 under which the State Council of Ministers could seize any press and declare any article as seditious. "Restoration of pre-1953 position will mean imposition of war-time restrictions on media," the JFI convenor said, adding that late DD Thakur and Dy CM in the Sheikh Abdullah's Cabinet had in his autonomy committee report clearly said that "needles of the clock cannot be turned back" and that "the central laws and institutions, which were extended to J&K after August 9, 1953, had only benefited the state and its people". The JFI convenor declared that the pre-1953 position is utterly unacceptable. He said the need of the people and exigency of the time demand abrogation of Article 370 and Article 35-A of the Indian Constitution and complete constitutional, political and financial integration of J&K with India. Such an integration will enable the people of the state to enjoy all democratic and fundamental rights which are available to their counterparts in other states of the Union under the Indian Constitution, asserted Prof Hari Om.
He expressed the hope that Jammu political class will rise to the occasion and defeat the votaries of autonomy and self-rule in the interest of the people of the state and in the larger interest. He also appealed to the media to save democracy by educating public opinion about the dangerous ramification of pre-1953 politico-constitutional status.
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