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| Frustrated NC launches tirade against PDP | | Compromising Ideology for Power -- I | | Rustam
JAMMU, Oct 11: The newly-appointed additional general secretary and spokesman of NC, Sheikh Mustafa Kamal, and a few other loyalists of the party have unleashed a no-holds-barred campaign against the PDP to deflect the people's attention away from the real issue that has put the Chief Minister, Union Minister for Renewable Energy and Minister of State for Home Affairs on the mat. The case in point is the September 30 death of prominent NC activist Haji Syed Mohammad Yousuf in mysterious circumstances with the PDP and others pointing needles of suspicion towards the Abdullahs and demanding their resignation in the "interest of justice".
Ever since his elevation to the position of additional general secretary and party spokesperson, Kamal, like the Chief Minister and NC president, have been targeting the PDP leadership and accusing it of vitiating the atmosphere in the state in order to destabilize the NC-led government and capture power. The three Abdullahs want the people to believe that the PDP leadership is power hungry and that it is simply exploiting a non-issue (death of Yousuf) to settle score with the Abdullah dynasty and fulfill its insatiable lust for power. The PDP leadership is of the view that if a fair and impartial investigation is to take place to find what actually led to the death of Yousuf, Omar Abdullah, Farooq Abdullah and Nasir Aslam Wani (Sogami) must step aside for sometime. The PDP has made it loud and clear that it is not for the dismissal of the state government and that the Abdullahs and Wani could re-occupy their positions in the respective governments if, after investigation, it is proved that Yousuf actually died of heart attack. The upshot of its whole argument is that since the Abdullahs occupy high official positions, they can influence, blackmail and intimidate the key eyewitnesses and vitiate investigation. The stand of the PDP just cannot be questioned.
The Abdullahs and their henchmen say that the PDP leaders, including its patron Mufti Mohammad Sayeed and president Mehbooba Mufti, who is also Leader of Opposition in the Assembly, are power hungry. They can say that. For, political parties do long for power. What is wrong in it? Can the Abdullahs say that they do not want power? They cannot say that. The fact of the matter is that the Abdullahs have all through compromised their ideology to capture power and then retain control over it. They have all along played with the people's sentiments and their single point-agenda all along has been to enjoy the loaves and fishes of office at the cost of the people. The truth, in short, is that the Abdullahs have all through distorted and misrepresented facts to fulfill their selfish intentions.
The Abdullahs are, for example, distorting facts in its desperate bid to fool the nation and make New Delhi restore the pre-1953 politico-constitutional position in Jammu & Kashmir. They are asserting that the 1975 accord between Prime Minister Indira Gandhi and Plebiscite Front leader Sheikh Abdullah, who earlier had remained behind the bars for years for his anti-state activities, had contemplated the restoration of 1952 position in Jammu & Kashmir, notwithstanding the fact that the 1975 accord nowhere suggested restoration of the 1952 position. The fact is that the 1975 accord had rejected outright the Sheikh Abdullah's demand that all the central laws extended to the state after August 1953 be withdrawn.
It would be only appropriate to quote here relevant clauses of the accord to set the record straight and call the Abdullahs' bluff.
Clause 1: "The state of Jammu and Kashmir, which is a constituent unit of the Union of India, shall, in its relations with the Union continue to be governed by Article 370 of the Constitution of India."
Clause 2: "The residuary powers of legislation shall remain with the state; however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National flag, the Indian National Anthem and the Constitution."
Clause 3: "Where any provision of the Constitution of India had been applied to the state of Jammu and Kashmir with adaptations and modifications, such adaptations and modifications can be altered or repealed by an order of the President (of India) under Article 370, each individual proposal in this behalf being considered on its merits; but the provisions of the Constitution of India already applied to state of Jammu and Kashmir without adaptations or modifications are unalterable."
Clause 4: "With a view to assuring freedom to the state of Jammu and Kashmir to have its own legislation on matters like welfare measures, cultural matters, social security, personal laws and procedural laws, in a manner suited to the special conditions in the state, it is agreed that the State Government can review the laws made by Parliament or extended to the state after 1953 on any matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal. Thereafter appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President's assent to such legislation would be sympathetically considered. The same approach would be adopted in regard to laws to be made by Parliament in future under the proviso to clause 2 of that Article. The State Government shall be consulted regarding the application of any such law to the state and the views of the State Government shall receive the fullest consideration."
Clause 5: "As an arrangement reciprocal to what has been provided under Article 368, a suitable modification of that Article as applied to the state should be made by Presidential order to that effect that no law made by the legislature of the state of Jammu and Kashmir, seeking to make any change in or in the effect of any provision of the Constitution of state of Jammu and Kashmir relating to any of the under-mentioned matter, shall take effect unless the Bill, having been reserved for the consideration of the President, receives his assent; the matters are (a) the appointment, powers, functions, duties, privileges and immunities of the Governor; and (b) the following matters relating to elections, namely, the superintendence, direction and control of elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the legislative council, being matters specified in sections 138, 139 and 140 of the Constitution of the state of Jammu and Kashmir."
Clause 6: "No agreement was possible on the question of nomenclature of the Governor and Chief Minister…"
Clause 7: "The proposal (regarding the curtailment of the jurisdiction of the Supreme Court of India) could not be accepted because it is considered important that the Supreme Court should continue to have its original and appellate jurisdiction in matters of writs, appeals and other matters…" (To be continued) |
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