BJP State Spokesperson Prof. Virender Gupta said that Omar’s statement on the Supreme Court Judgment on the application of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act in Jammu and Kashmir that J&K constitution can neither be circumvented not subverted display his ignorance of the even J&K’s Constitution and subsequent amendments in the State Constitution and extension of about 260 Central laws to the State of which more than 20 central laws were extended to the state after the Grand Pa of Omar took rein of the state in 1975. He said that Omar has also forgotten the decision of his Grand Pa agreeing to the finding of then Deputy Chief Minister, Justice DD Thakur that all the Centre laws extending to the state till 1975 were for the benefit of the people of Jammu & Kashmir and the clock could not be reversed back to give go by to the Central laws.
Prof. Virender Gupta further said that Rule 85 of SARFAESI Act 2002 clearly says that in case of sale of immovable property in the state of Jammu and Kashmir, the provisions of Jammu & Kashmir Transfer Property Act, 1977 shall apply to the person who acquires such property in the state. Therefore, outburst of Omar against the Supreme Court Judgment is unjustified and ignorance of the realities.
Prof. Virender Gupta appreciated the Judgment of Supreme Court in making the facts straight with regard to relations between Jammu and Kashmir and the Government of India and also about the constitutional position of the state. The observations of SC that “the State of Jammu and Kashmir has no vestige of sovereignty outside the Constitution of India and its own Constitution is subordinate to the Constitution of India, it is therefore wholly incorrect to describe it as being sovereign in the sense of its residents…….The residents of Jammu & Kashmir are first and fore-most citizen of India” has far reaching consequences . He said that as per SC judgment there is no dual citizenship.
Prof. Virender Gupta said that these observations of Supreme Court provides an opening window for the West Pakistan refugees who have so far been deprived of Permanent Resident rights even after 70 years of their residing in the state. He asked Omar to see the realities in the light of SC observation that Section 1 of Indian Constitution alongwith Section 3 of State Constitution are beyond the pole of amendments. He further said that the state constitution derives its existence by virtue of the constitution of India and the constitution that created it can demolish it also.
Prof. Virender advised Omar not to live in fool’s paradise and mislead the people of Jammu and Kashmir, the time clock cannot go back; neither you get the situation of 1947 nor of 1953. He asked him to utilize his energy in the development of the state and to reinvent his role as was performed being the State Foreign Minister during Vajpayee’s Government
