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| A tale of two associations of lawyers | | J&K Unnatural Formation -- II | | Rustam
JAMMU, Dec 4: The nature of divide between Jammu and Kashmir could be determined from the contradictory and mutually exclusive perceptions and attitudes of the Bar Association, Jammu, (BAJ) and Kashmir High Court Bar Association (KHCBA), the two principal associations of lawyers. The BAJ stands for the state's complete merger into India, national unity and integrity, incorporation of the word "secularism" in the preamble of the state constitution, retention of the AFSPA, adequate powers to the Army and paramilitary forces involved in counter-insurgency operations and empowerment of Jammu province. It opposes tooth and nail demands like merger with Pakistan, independence, autonomy, self-rule, demilitarization, soft borders and so on. It believes in unity in diversity and fights for the cause of the people of the province, Hindus, Muslims and Sikhs included. It takes the plunge, as and when needed, to fight for secular values, as it did in 2008 during the historic Amarnath land movement under the leadership of B S Slathia, the then BAJ president. It continues to pursue the same line even today. There is no dilution.
Only a few days ago, a delegation of BAJ activists under the leadership of Slathia met with President of India, Pratibha Kumari Singh Patil, in Jammu and made her aware of the flaws in the state constitution and the plight of the people of Jammu province, besides attracting her attention to the problems being faced by the black-coated community of lawyers, including the failure of the authorities to treat Jammu province at par with Kashmir as far as the appointment of High Court judges is concerned, transfer of registration powers to a section of government officials and the situation arising out of the issuance of the notification that diverts lawyers quota to promotional quota in judiciary.
As a matter of fact the BAJ leadership submitted to her a comprehensive memorandum and solicited her intervention. The memorandum, among other things, urged her to direct the authorities in the state to incorporate the word "secularism" in the preamble of the state constitution, establish delimitation commission and end discrimination with the people of Jammu province. Its argument was that there are certain flaws in the state constitution, which are responsible for the problems the people of Jammu province have been facing since decades. The memorandum bemoaned the rise of a situation in the state that has made the office of chief minister the sole preserve of the people of Kashmir. Its argument was that the Jammu's night of discontent and despair will not end until the state is brought at par with other states of the union by suitably amending the state constitution.
All this should help understand the nature of the BAJ leadership and what it stands for. Indeed, the BAJ leadership is progressive, forward-looking, nationalist to the core and public-spirited.
Compare the KHCBA with the BAJ and see for yourself the difference between the two. It would be a story in contrast. The KHCBA stands for what Kashmiri separatists like Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Yasin Malik stand for and advocate. It, like the NC, the PDP and all the Kashmir-based parties, advocate demilitarization and demand revocation of the AFSPA. The KHCBA, in short, is the other face of the separatist organizations, which are active in the Kashmir Valley and which have been striving to ensure separation of Kashmir from India. Only two days ago (Dec 1), the Kashmir-based lawyers observed a strike on the call of KHCBA in protest against the state government's intentions to amend the state's CrPC (Ranbir Penal Code) in order to give legal protection to the armed forces carrying out operations against the enemies of India. It demanded complete and unconditional withdrawal of AFSPA and Disturbed Areas Act from the state and warned the government that it would not tolerate any amendment in CrPC calculated to provide a protection cover to the armed forces.
All this shows that the divide between the people of Jammu province and those of Kashmir is complete. The trust deficit between the two is increasing by the day. They cannot live together because their needs and aspirations are different. This unnatural wedlock between Jammu and Kashmir has only added to the woes of the people of Jammu province and the nation as a whole and made difficult the task of those trouble-shooters in New Delhi who have been charged with the responsibility of tackling threatening Kashmiri leadership. It has harmed everyone. Hence, what is immediately needed is divorce/separation. In separation lies the lasting solution to the evils facing the people of the state and nation. The sooner it is done the better for all the concerned. (Concluded) |
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