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Jammu Kashmir
JKHCBA Jammu delegation meets Dr Manmohan Singh led panel
KT NEWS SERVICE
JAMMU, Sep 10: The J&K High Court Bar Association, Jammu delegation led by its president, senior Advocate BS Slathia today met Dr Manmohan Singh, Former Prime Minister of India led Congress panel here today.

The delegation expressed serious concern over the the violence and killing of the innocents not only in the state but across the Country. The Association's pro-nation and pro-people credentials have been widely recognized.

They said that the High Court has two wings, one each at Jammu and Srinagar. It is strongly urged that the strength of High Court Judges be increased from the existing 17 to 25 to mitigate the suffering of the litigants.

They said that Dr Manmohan Singh led high level Congress delegation come at a time when the state is gripped by fierce debate, going on Article 35-A and the political future of Jammu & Kashmir.

“As is well known that Jammu and Kashmir acceded to India after Maharaja Hari Singh took a momentous decision on the political future of the state. It would be in the fitness of things if his birthday on September 23 is declared as a state holiday.

J&K High Court Bar Association, Jammu delegation brought in notice of Dr Mohan Singh of the burning issues of facing of the state Article 35-A and the people inhabiting different regions of the state.

They said that Article 35-A is against the very spirit of the Preamble of the Indian Constitution of 1950 and the preamble of Jammu and Kashmir Constitution of 1957 and a total negation of Articles 14 and 19 of the Indian Constitution. While the preambles of both the Constitution unambiguously talk of "Equality of Status", Article 14 says equality and no discrimination. As for Article 19 of the Indian Constitution, it recognises the right of any Indian to settle anywhere in the Country as a full fledged citizen.

“Article 35-A deprives all the Indians living outside the State of their right to exercise any right in Jammu and Kashmir, thus creating a situation in which they are considered a persona non grata in Jammu & Kashmir. It is anomalous given the fact that the people of Jammu and Kashmir exercise all rights all over India as Indian Citizens”.

“Article 35-A makes unjust distinction between male and female residents of the State. While the children of a daughter of Jammu and Kashmir married outside the State with a Non-permanent resident cannot exercise any citizenship right in the State, including the right to inherent their mothers' property located in Jammu & Kashmir, a Non State Subject female married to a State Subject in Jammu & Kashmir automatically becomes a permanent resident of the State and her children exercise all the rights available to the State Subjects under the Jammu & Kashmir Constitution”.

“Article 35-A has deprived nearly 2 Lakh Refugees from Pakistan of all Citizenship rights in Jammu and Kashmir. They have no right to property, no right to Higher Education, no right to vote, no right to job, no right to Bank Loan and no right to participate in any election except Parliamentary Elections. Most importantly, those who migrated from Pakistan to other parts of the Country rose to become Prime Minister, Deputy Prime Minister, Governor, High Commissioner and so on”.

They said that the Jammu & Kashmir High Court Bar Association, Jammu is of the well considered opinion that Article 35-A is a Constitutional aberration and made part of Indian Constitution through a Presidential Order on 14th May, 1954 bypassing the Parliament and without invoking Article 368 of the Constitution.

The other issue which is very dear to the hearts of the people of Jammu province is their urge for their political empowerment and an equal and effective say in the governance of the State. They have never got their due share in the political, social, cultural and economic processes of the state with New Delhi all through pursing a Kashmir-centric line and policy.

It is the unfair delimitation that has denied the people of the province proper and adequate representation in the Assembly, the supreme law and policy-making body in the State. Kashmir has 46 seats and Jammu only 37, despite the fact that Jammu's area is two-time that of Kashmir and population equal to Kashmir, if not more. The result has been widespread resentment, frustration, disaffection and discontent among the nationalist people of the Jammu province. Their complaint is that the policy of appeasement has led to the problem in Kashmir.

The association believes that had New Delhi followed a holistic policy and treated all the three regions of the State -Jammu, Kashmir and Ladakh - equally at all levels and in all spheres, there would have been no problem in Kashmir, known as "Kashmir problem".

Those who accompanied BS Slathia, President JKHCBA, Jammu included Prem N. Sadotra, Adv

General Secretary JKHCBA, Jammu, Himant Sharma, Joint Secretary JKHCBA, Jammu , Chetan Misri, Treasurer JKHCBA, Jammu and others.


News Updated at : Sunday, September 10, 2017
 
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