Article 35A hearing deferment evokes mixed response in J&K

Srinagar: The Supreme Court’s decision to defer the hearing on petitions challenging the constitutional validity of Article 35A evoked mixed response in Jammu and Kashmir.

While the deferment has disappointed common people as they see in it an unending uncertainty over the issue, various political parties said that it was due to the exemplary display of unity and resilience shown by the people of the state that the government was forced to request the apex court to adjourn the hearing till mid-January next year.

A 3-member bench headed by Chief Justice Dipak Misra was on Friday informed by Attorney General K.K. Venugopal and Additional Solicitor General Tushar Mehta, representing the Centre and J&K government respectively, that in view of the impending eight-phased local body elections and law and order situation in the State, the hearing be deferred.

Kashmir Valley remained shut on the second consecutive day on Friday to protest over the “onslaught” against Article 35A which protects the state subject laws and special rights and privileges of J&K’s permanent residents.

The call for a two-day shutdown had been issued by ‘Joint Resistance Leadership (JRL)’, the alliance of key separatist leaders Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Muhammad Yasin Malik.

Reacting to the SC’s decision, the Mirwaiz said, “We at the JRL commend the people of J&K for their exemplary resilience and steadfastness in firmly standing up against the deliberate assault and mischievous attempts by anti Kashmir organisations and agencies on our identity and struggle for self determination through demographic change, by challenging the hereditary state subject law in Indian Supreme Court”.

Former Chief Minister and National Conference (NC) president Farooq Abdullah said “united fight” alone will defeat the attempts aimed at annulment of the Article 35A. “Jammu, Kashmir and Ladakh have to come together over the issue,” he added.

However, firebrand Independent MLA and leader of Awami Itehad Party (AIP) Engineer Rashid while expressing displeasure over the adjournment of hearing said that the people of the State from Lakhanpur to Karnah were expecting the petitions to be dismissed and rightly so.

He alleged, “It stands yet again proven that New Delhi is using Article 35A just to divert attention from the real issue of J&K as it is defending the indefensible as far as the real larger dispute is concerned”.

Peoples’ Democratic Party (PDP) appreciated the “resolve” of the people of Jammu and Kashmir shown in defence of state's identity and its constitutional position.

He asserted, “Engaging Kashmiris with 35A in Supreme Court is like killing them with slow poisoning. However Kashmiris have no option but to defend 35A till their last breath. Even though New Delhi wants to keep them indulged in a debate till they forget the real issue, it may never happen as no one can compromise the huge sacrifices offered for resolution of Kashmir dispute in its historic perspective”(sic).

Peoples’ Democratic Party (PDP) appreciated the “resolve” of the people of Jammu and Kashmir shown in defence of state's identity and its constitutional position.
Its senior leader Nizamuddin Bhat in a statement here said, “The exemplary unity displayed in the legal and political battle on Article 35A shows the way forward for like-minded political and social groups who need to make a common cause on issues of mutual interest and concern”.

He said the people of J&K have hugely suffered on account of fragmentation and false posturing. "Prolonged political uncertainty, cultural degeneration and unabated loss of lives and property is more an outcome of disunity than the arrogance or intransigence of usurping powers”, he said adding that the constitutional position also suffered erosions in past because of disunity within.

J&K PCC chief GA Mir said that he at the head of a party delegation met Governor Satya Pal Malik at Raj Bhavan here to urge him to ensure all resources at it the disposal of the government should be utilised to safeguard Article 35A keeping in view the urges and aspiration of the people. He said, “We told the Governor that the Constitutional provision protecting the State Subject laws guaranteed under Article 35A of the Constitution of India read with Article 370 has to be safeguarded in the larger interest of the Jammu and Kashmir.” End it