Srinagar: After the Supreme Court held that Jammu and Kashmir has “no vestige” of sovereignty outside Indian Constitution and its own statute which is subordinate, Omar Abdullah on Sunday hit out at PDP-led government saying its “weak” legal defence of state’s special status was “alarming” as it was allowing “step-by-step erosion” of Article 370.
Asking the state government to come clean on the issue, the NC leader targeted the PDP, alleging that it seems it has decided to facilitate the “long-cherished desire” of its alliance partner BJP “to circumvent and subvert the Constitution of the state” and attributes of Article 370.
“The state government’s weak legal defence of various sensitive attributes of the state’s special status is alarming.
“The deliberate callousness shown by the state government indicated the tacit connivance of PDP in allowing the step-by-step erosion of Article 370 through a series of politically patronized cases and litigation.
The opposition National Conference (NC) working president said the state government’s counsel in the Supreme Court has made it evident that the state government prima facie “does not oppose” the application of the SARFAESI Act in Jammu and Kashmir.
“This has far reaching implications as the application of the SARFAESI Act to J-K was debatable in the context of Article 370 of the Constitution of India as also the provisions of the J-K Transfer of Property Act.
“Instead of highlighting these arguments and points of view, the state government’s counsel virtually conceded before the SC that Parliament was competent to extend SARFESI Act to J-K,” Omar said, alleging this “implicates” the state government in a visible pattern of such incidents that “are aimed at undermining” the state’s Constitution and Article 370 of the Constitution of India.
Omar was reacting after the apex court held that provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) are within the legislative competence of Parliament and can be enforced in Jammu and Kashmir.
The bench set aside the verdict of Jammu and Kashmir High Court that had held that any law made by Parliament, which affects the laws made by state legislature, cannot be extended to Jammu and Kashmir.
“The State of Jammu & Kashmir has no vestige of sovereignty outside the Constitution of India and its own Constitution, which is subordinate to the Constitution of India,” a bench of Justices Kurian Joseph and R F Nariman has said.
“It is therefore wholly incorrect to describe it as being sovereign in the sense of its residents constituting a separate and distinct class in themselves. The residents of Jammu & Kashmir, we need to remind the High Court, are first and foremost citizens of India,” it has said.
In a statement, Omar said it is the duty of the state government to fully and competently defend the status of the Constitution of Jammu and Kashmir and prevent any central laws from “undermining” the autonomous character of the state, its Constitution and the essence of Article 370.
“Unfortunately, the PDP-BJP government, it seems, has absolved itself of this duty in what could be an understanding it has with the central government in this context.
“It is important to put the Instrument of Accession, the state’s Constitution and the state’s Special Autonomous Status in the right perspective while dealing with such cases and while representing the State in the SC – and that clearly has not happened here,” the NC leader said.
He said the Special Leave Petition challenging the verdict of the division bench of the J-K High Court on the issue was filed with the required notice being issued to the state government in February and the appeal was argued in the SC by no less than the Attorney General for India, the top law officer of the Union Government.
“In light of this, two pertinent questions need to be answered by the PDP and its alliance government in the state.
“One, since we were told PDP has entered into an alliance with the BJP with a concrete agreement from the Union Government and the BJP that the state’s special status would be protected, why is the Union Government using the judicial route to subvert certain attributes of the state’s constitutional character?
“And second, why did the state government fail to come up with an appropriate and serious response considering the sensitivity of this issue and the importance of safeguarding the State s political rights?,” Omar said. Accusing PDP of contradictions over the issue, Omar said, “In what could be yet another volte-face by the PDP, it seems they have decided to facilitate the long-cherished desire of their alliance partner to circumvent and subvert the Constitution of the State and attributes of Article 370”.
The former chief minister said his party would consult eminent constitutional lawyers, jurists and civil society groups “in an effort to prevent the subversion of the state’s Constitution and autonomous character”