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Judgement of SC on 35A shall prevail: Prof. Virender

BJP State Spokesperson, Prof. Virender Gupta, while reacting to the statement of Omar Abdullah said that there is nothing anti-national if any person is defending Article 35A. However, he said that Omar is creating hype on Article 35A, when the case of its legality is being heard in Supreme Court. He is trying to divide the people on the regional as well on religion basis, he further said. He reminded Omar that people of Jammu and Ladakh regions always opposed the Article 35A and Article 370 right from the day of their inception in the Indian constitution. These were incorporated in Indian constitution by Pt. Jawaharlal Nehru to please and placate the Kashmir leadership without taking people of Jammu region and those of Ladakh into confidence. These articles may have been helpful to establish the autocracy of Kashmiri leaders and to satisfy their whims, whereas the common man of the valley has suffered and has remained aggrieved.

The Spokesperson made the point that the people of Jammu and Ladakh regions have mostly suffered because of Article 370 and 35A. They were discriminated against in services, administration and development activities. They have been being treated as second class citizens. The identity and demography of the Jammu and Ladakh regions are meeting serious challenges from the Valley leadership.

In reply to his charge that PDP has betrayed the trust of the Valley people while making alliance with BJP, the Spokesperson said that it equally applies to NC, when it joined the government at the Centre led by Atal Behari Vajpayee. He further said that performance of the present government is for better than the previous government led by Omar Abdullah. Many fold development activities took place and are being pursued at present, he said.

The Spokesperson said that continuation of Article 35A in Indian Constitution depends upon the judgement of the Supreme Court and wishes of the people of the country as a whole. He added that Article 35A is against the fundamental rights as defined in Indian Constitution. He further said that permanent resident as defined State Constitution is not only against the fundamental rights but is discriminatory against the fair sex. Such laws should not sustain and remain in any civilized country.

Prof. Virender questioned the so called fairness and judicious approach of the Kashmiri leaders who after the judgement of State High Court in favour of women folk in Sushila Sawhney V/s others case, tried to bring legislation called Women Disqualification Act in the State Legislature.

He also criticized the exploitation of the people of the state, particularly of Jammu region, in the name of Maharaja Hari Singh by Omar and Co. on the State Subject issue, though the Kashmiri leadership and those at the helm of affairs at the Centre had badly treated him. He added that NC leaders even did not incorporate all the Classes of State Subjects as defined in Notification1-L/84 of 20th April 1927, issued by Maharaja Hari Singh. He said that there were provisions of providing citizenship to other persons and companies coming from outside the state if they fulfil the laid down conditions in the notification for class III and Class IV state subject and all categories of state subjects were given the right to vote in assembly elections.

He said that in the present laws of Permanent Resident Certificate, a person from outside the state even after residing in the state for a period of one thousand years cannot bestowed with the resident certificate. It is criminal and violation of Human Right that West Pakistan Refugees after seventy years of residing in the State, are deprived of Permanent Resident Certificate and of the benefits accrue because of the certificate.