Jammu: National Conference Chief Omar Abdullah on Saturday warned the Mehbooba Mufti-led Jammu and Kashmir government that BJP may use judiciary to scrap Article 370 as the “saffron party has understood that they cannot use legislation to scrap it.”
“BJP has perhaps admitted on their side that they cannot use legislation to scrap Article 370, which grants special powers to the state. Where they cannot use the legislation (to scrap Article 370), they can use judiciary to do it,” Omar said in a hard-hitting 45-minute speech in the Legislative Assembly.
“Those who believe that BJP has done a good job on Article 370 and that the party has accepted that the article cannot be tempered with…they are wrong,” he said in the House, where Chief Minister Mehbooba Mufti who had presented the grants of her Ministries of Home, Planning, GAD, Tourism and others, was also seated.
The NC leader warned the PDP-BJP coalition government that the issue may snowball into a major controversy in the future.
“You always blame us that we make issues out of non-issues and trigger fire. But I want to tell you that we do not create issues…they are being created by the government.
We want to prepare you for a major controversy in the future,” he said.
Omar also criticised the way the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFACI) Act was fought in the court of law.
The Act allows banks and other financial institutions to auction residential or commercial properties to recover loans.
“We were concerned on the SARFACI Act because we thought if you followed the same policy with regard to 35-A, their (BJP) aim to use judiciary will be successful. Where you are using crores of rupees to repair and reconstruct homes, please spend lakhs of rupees to put on job good lawyers to fight this case,” he added.
A Supreme Court order last year had said that Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution and its own, while the citizens of the state were “first and foremost” citizens of India.
The apex court had said this while holding that provisions of the SARFAESI Act were within the legislative competence of Parliament and can be enforced in the state.
The National Conference Working President expressed concern over the state of uncertainty in the bureaucracy, saying this has hugely impacted deliverance. “Bureaucracy is the main tool to implement decisions and ensure governance on ground”, he said adding that when the top echelons’ were not sure about the stability of their tenures; how the administration can run. In this context, he referred to the rumours being spread about the change of guard at highest administrative level and said that when the officer of the rank of Chief Secretary was uncertain about his position, what can be the plight of others. He said though the change in bureaucracy is the prerogative of the government, yet the Chief Minister must tell her Chief Secretary whether he enjoys her confidence or not so that the officers aspiring for top slot stop ‘dancing’ (Uchal Kood). He said the Chief Secretary and the DGP must enjoy the confidence of the Chef Minister, which he described imperative for administrative morale.
Omar Abdullah took dig at the government for running transfer industry, saying 2100 premature transfers had been ordered in the past two years. He said he was disappointed to find in the replies to cut motions on the Health Department that huge number of doctors had been transferred from rural areas and posted to cities and urban areas like Gandhinagar, Samba, Vijaypur etc thus rendering the health institutions in the remote areas starving for medicos. He also cited the transfers of two Block Development Officers in Sopore 12 and five times respectively in one year. He attributed political interference in the transfers, especially in South Kashmir and told the Chief Minister that recommendations of two of her relatives and political leaders held key to transfers. For transparent and effective administration, political considerations should not be allowed to prevail, he stressed.
Omar Abdullah also pointed towards the alarming trend of generating controversies over the issu4e of local and non-local officers and said that such a tendency can prove detrimental for deliverance in the administration.
The National Conference leader questioned the sincerity and capacity of the PDP-BJP dispensation in fighting scourge of corruption and referred to the defunct Information Commission. “How can corruption be fought when the people can’t get replies to their queries under Right to Information Act?” he asked, saying that the RTI Act was most powerful instrument to combat graft. Similarly, he referred to the government’s lackadaisical approach towards third party monitoring, e-tendering, e-procurement and more importantly Public Services Gurantee System introduced during his tenure as Chief Minister and said that there has been no forward movement. “Can the government let this House know as to how many officers have been booked under PSGS during the past nearly two years and how many cases have been forwarded for legal process”, he asked.
Omar Abdullah also took a jibe on the government over fast track recruitment and wanted to know as to how many vacancies have been referred to designated agencies for process of selection and how many posts have been filled.
The former Chief Minister reserved his take on the working of various departments under Ms Mufti, saying let the situation become peaceful across the State and the government starts delivering then only he will be in a position to comment.
Cautioning the Chief Minister against hiding behind the oft-repeated excuse of, ‘we didn’t get enough time’, Omar bluntly asked her to spell out her achievements in office. He said, “sitting on this side of the house we really don’t see anything happening on ground zero”.
Referring to Kashmir unrest, Omar asked Mehbooba Mufti to spell out the reasons why she is shying away from ordering a judicial probe into the killings.
“When I was Chief Minister and one individual was killed (read Haji Yousaf) you had demanded judicial probe and now you are satisfied with setting of SIT to probe these killings”. He asked why people should trust this SIT.He also questioned about the SIT set up in Handwara incident and said, “We really don’t know the status of that inquiry”.
Participating in the discussions, Aijaz Ahmad Mir complemented the Government for taking innovate initiatives for the development of the State and called for proper implementation of Rehabilitation Policy for people returning via Nepal route. He demanded compensation for police personnel killed, injured while performing their duties.
Usman Majeed sought details from the Government regarding persons killed, injured and property damaged during unrest in Bandipora Constituency. He also called for filling of various vacant posts in the departments and speeding up of SRO implementation.
Rajeev Jasrotia complimented the Government for taking the State to new heights in terms of development and providing benefits to the people under various welfare schemes.
Aga Syed Ruhullah said education sector must be given focused attention and effective steps needs to be taken to ensure quality education to the students. He said the Government should provide details about the various initiatives for the holistic development of the State.
Hakeem Muhammad Yaseen Shah said the development and political uncertainty cannot go hand in hand and development is subjected to the peace and prosperity of the region. He called for dialogue between India and Pakistan.
Nawang Rigzin Jora asked the Government to take up uncompleted tourism projects across the State. He said the Government should also take necessary steps for the air terminal construction and acquire land from Air Force in Ladakh region. He also pleaded for opening Siachen to attract adventure tourists to the region.
Muhammad Akbar Lone urged for releasing youth detained during Kashmir unrest and to review cases in which they were detained under PSA. He demanded special compensation for those who injured during the unrest and for infrastructural loss to the people. Asked to distribute relief to flood victims at the earliest and provide compensation for the loss of orchards during the floods. He also demanded establishment of Degree College at Hajin, according to an official handout.
G M Saroori demanded that Government should fulfill its promises by approving model hospitals in each district and must consider the Chenab valley development projects on priority. He also said the tourism related projects initiated in the Chenab valley must be taken up and completed within stipulated time.
Jeevan Lal hailed the initiatives of the Government for taking several measures to develop the untapped areas of the State. He lauded the Government for initiating several measures to uplift the socio-economic profile of the youth, especially living in rural areas.
Choudhary Qamar Hussain complimented the Government for brining dawn of development to the State and said the developmental works initiated in his constituency should be completed on priority.
Ravinder Raina said the Government is doing commendable job by launching various pro-people schemes which are bringing laurels to the State. He demeaned ban on liquor sales in the State.
Javid Mustafa Mir said that all political parties have played their role to resolve the issues of the State but there is need to address the root of the problems. He also urged to take step toward Indo-Pak dialogue process.
Abdul Majeed Padder complemented the Chief Minter for taking various development initiatives in his constituency and demanded up-gradation of Noorabad Development Authority. He urged the Government for establishing Police station and Fire station in his constituency.
Shamim Firdous demanded escort vehicle for her protection keeping in view the sensitiveness of the area. She called for rehabilitation of youth who got detained during unrest for different reasons.