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Ek NIshan, Ek Vidhan and Pradhan - A Reality
by R C Ganjoo Bookmark and Share
 

Insisting on "Ek Nishan, Ek Vidhan and Pradhan" (one constitution, one flag, and one sovereign head) reality, BJP is put to prove its testimony intermittently. Unfortunately , the vested interest with the backing of active anti-national forces create controversies now and then, keeping so-called Jammu and Kashmir issue boiling.

On December 26 last, Justice Husnain Masoodi, Jammu and Kashmir High Court directed the state government to respect State flag and hoist it on the buildings housing state offices and official vehicles under Section 44 of the J&K Constitution.

The single bench headed by Justice Masoodi reiterated the special status enjoyed by J&K under Article 370 also questioned the Sixth Amendment which replaced Sadr-i-Riyasat with the governor. It observed that the "elective status of head of the state was an important attribute of the constitutional autonomy enjoyed by the state."

BJP, swiftly came into action and challenged the High Court order on January 1, before a division bench comprising Justice B L Bhat and Justice Tashi Rabstan and obtained a stay order against single bench and a notice issued against the Jammu and Kashmir government returnable within four weeks . In a petition filed by Farooq Khan, former Inspector General of police and National Secretary of BJP against the single bench order said, the single judge bench judgment as "against law and facts" and had contended that the state flag cannot be directed to be treated at par with national flag as national flag is a symbol of sovereignty. He described the single judge bench order as creating a "nation within a nation". "The single judge has decided issues of vital importance and significance in a cursory manner and the judgment is more of a political speech than the judgment of a constitutional court," pleads Khan.

Counsel for Farooq Khan, senior advocate Sunil Sethi argued that single bench order was basically political, to be determined by the state legislature and not by the courts. The petitioner, Farooq Khan submitted that the circular did not have the statutory flavour and the same cannot be enforced in the absence of a positive mandate contained in Section 144 of the Constitution of Jammu and Kashmir, which merely describes the dimension of the state flag. Moreover, the J&K Prevention of Insult to State Honours Act, 1979, is a penal statue and its provisions cannot be enforced through the mode of executive orders like circulars, he pointed out through his counsel. While in arguments the court’s attention was drawn towards the single judge “losing sight” of Article 1 of the Constitution of India, which declares Jammu and Kashmir as an integral part of India.

“The Article is fully applicable to the state of Jammu and Kashmir undisputedly under Article 370 as well. Apart from this, the judge had also overlooked the provisions of the Constitution of Jammu and Kashmir, especially Section 4 which states that ‘the State of Jammu Kashmir is and shall be integral part of the Union of India’,” the counsel mentioned.

As far as Article 370 is concerned , it was inserted in the Constitution of India by keeping J&K out of the constitutional map of the Union in 1950. Maharaja Hari Singh signed Instrument of Accession on 26th October, 1947 and merged the State with the Union of India. This was an international conspiracy to keep Jammu and Kashmir away from the Union of India. the Congress leadership played in the hands of international conspirators and worked out the Indian leadership to the CIA strategy to keep J&K away from India. According to Prof Bhim Singh why J&K was not integrated with the Union in 1950 and why it was delayed till 1952 when Sheikh Mohd. Abdullah conspired with the CIA and the US lobby to dissect J&K from the rest of the country (India). Prof.Bhim Singh said that Sheikh Abdullah apologized for his blunder and surrendered before Mrs. Indira Gandhi, the then Prime Minister of India in 1975 accepting job of a Chief Minister under Delhi’s command. He said that Article 370 became irrelevant and non-existent after Sheikh Abdullah signed a surrender document called ‘alliance’ with Delhi in 1975. He said that Article 370 should have been declared void in 1975 itself. He said that international conspirators including the western powers including the USA wanted to establish an international platform in the region to keep a check on China. This was the reason that the USA had managed most of the communal and sectarian leadership in India and Pakistan

BJP ally PDP too objected over the flag controversy in the state. “Some people are creating instability in the state over the state flag,” Government spokesman and Minister for Education Naeem Akhtar said.Expressing apprehension over the latest controversy fuelled by the judiciary over the issue of hoisting of the State Flag, senior PDP leader and Member Parliament, Tariq Hameed Karra said “It is high time to expose such dubious persons who try to fuel controversies on sensitive issues on the behest of their Godfathers and paymasters,”

On November 24, 1966, the governor replaced the Sadr-i-Riyasat after the state Constitution had been amended on April 10, 1965 by the Sixth Amendment.

Prof. Bhim Singh, Chief Patron of National Panthers Party and Sr. Advocate in the Supreme Court of India also expressed shock on the reported judgment of J&K High Court declaring introduction of Governor in place of Sadar-e-Riyast as invalid. Prof. Bhim Singh said that High Court of Jammu and Kashmir is a product of the Constitution of India and is bound by the Constitution to function under the domain of Constitution of India so far as the central subject as concern including the High Court.

As far as Article 370 is concerned , it was inserted in the Constitution of India by keeping J&K out of the constitutional map of the Union in 1950. Maharaja Hari Singh signed Instrument of Accession on 26th October, 1947 and merged the State with the Union of India. This was an international conspiracy to keep Jammu and Kashmir away from the Union of India. The Congress leadership played in the hands of international conspirators and worked out the Indian leadership to the CIA strategy to keep J&K away from India. According to Prof Bhim Singh , why J&K was not integrated with the Union in 1950 and why it was delayed till 1952 when Sheikh Mohd. Abdullah conspired with the CIA and the US lobby to dissect J&K from the rest of the country (India). Prof. Bhim Singh said that Sheikh Abdullah apologized for his blunder and surrendered before Mrs. Indira Gandhi, the then Prime Minister of India in 1975 accepting job of a Chief Minister under Delhi’s command. He said that Article 370 became irrelevant and non-existent after Sheikh Abdullah signed a surrender document called ‘alliance’ with Delhi in 1975. He said that Article 370 should have been declared void in 1975 itself. He said that international conspirators including the western powers including the USA wanted to establish an international platform in the region to keep a check on China.

17-Jan-2016
More by :  R C Ganjoo
 
Views: 252
 
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