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| J&K Assembly not competent to discuss Guru resolution: Chaman | | Drop debate from schedule, Speaker urged | | ET Report
Jammu, Sept 23: At a time when all the political parties are gearing up and concretising their strategies on Afzal Guru resolution in the state Assembly, veteran politician and MLA Prof Chaman Lal Gupta has echoed his views on the crucial issue, urging the Speaker to drop the motion from schedule of discussion. Notwithstanding the stand akin to BJP , a party from which he has been expelled, the seniormost MLA has given 'reasons', contending Assembly is neither competent nor is the matter under the jurisdiction of the state Legislature.
Joining the political clamour of Jammu based parties, particularly the BJP, of which until recently he was formally a member, Prof Gupta has given 'context' and clour in a little different manner. Ahead of commencement of the session, Chaman Lal, instead of raking it the issue through press statements or press conference, has written a letter to the Speaker of the Assembly Mohammad Akbar Lone explaining in laid out points as to why the Assembly should not and cannot debate on this resolution. Contending that it is beyond legislative competence of the State Legislature, Prof Gupta has maintained that Constitution of J&K (read with Constitution of India) clearly provides for distribution of administrative, legislative and judicial powers between States and Central Government. Explaining his point further, he said Afzal Guru was tried and punished for offence committed at Delhi and was found guilty by Delhi courts. Moreover, the sentence of death was upheld by the Apex Court and even the plea of clemency has been turned down by His Excellency the President of India. The plea of clemency has been considered by His Excellency the President of India only on the plea of Central council of Ministers, he further said asserting that it is Union Council of Ministers, which is answerable to the Union Parliament, which can advise His Excellency the President of India.
In the letter Prof Gupta has maintained that State legislature particularly Legislature of the State of J&K has no legislative competence either to adopt any bill or pass any resolution. Any discussion on any such bill shall be without jurisdiction of the State Legislature and shall be ultravires the provisions of the Constitution of J&K as well as Constitution of India. He further said that J&K Legislative Assembly is a responsible body which passes Acts having powers of law. It has the force in the entire State of J&K. It is responsible wing of the State and any motion by the legislative Assembly over which it has no jurisdiction shall bring J&K Legislative Assembly in poor light in the eyes of general public. This resolution therefore, should not be discussed at all, he asserted in the letter.
Prof Gupta, seeking the attention of the Speaker to other vital issues has stated that J&K Legislative Assembly has most important pending business for discussion. Legislative Assembly always falls short of time for taking up such important business. Any discussion on a motion regarding which State Legislative Assembly has no jurisdiction shall be without jurisdiction and shall be wastage of time. It will be at the cost of important regular business, which can be taken up by the Assembly during this period, he observed .
However, raising what he contends is the most important aspect in the light of his contention, Chaman Lal said the situation in Kashmir is slowly limping back to normal. Taking up such highly emotive issue which can have far reaching effect on the mind of the young people in Kashmir, shall have effect on the normalization in Kashmir, he observed. |
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