Centre’s Defence In Supreme Court ‘Lacks Logic’, Holds No Legal Value, Claim Omar, Mehbooba

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Centre’s Defence In Supreme Court ‘Lacks Logic’, Holds No Legal Value, Claim Omar, Mehbooba


Srinagar: Former chief ministers of Jammu and Kashmir Mehbooba Mufti and Omar Abdullah on Monday criticised the Centre’s affidavit within the Supreme Court on the abrogation of Article 370 saying it lacked logic and had on constitutional backing. “The Centre’s defence lacks logic ” (is) unlawful & unconstitutional abrogation of Article 370,” PDP President Mehbooba Mufti said in a tweet. “Brute majority was used to subvert the Indian structure that prolonged ensures to the folks of J&Ok & GOI additionally violated earlier rulings of Hon’ble SC which held that solely J&K’s constituent meeting may advocate the elimination of Article 370 to the President of India,” she mentioned.

The once-BJP ally additionally mentioned that “drum beating about an enforced silence” within the area can’t be used to “justify constitutional harakiri.” National Conference chief Omar Abdullah additionally took to Twitter saying the arguments put forth by the federal government had been political and had little in the best way of legality.

“These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments. “The whole case within the SC is concerning the illegality & unconstitutionality of what was completed on fifth Aug 2019, not whether or not the Govt has a powerful sufficient political case,” Abdullah mentioned.

Earlier within the day, PDP chief Naeem Akhtar and CPI-Marxist chief M Y Tarigami too slammed the federal government’s case in Supreme Court calling its model removed from the reality.

“I don’t think there is any constitutional provision on terrorism. Centre has no constitutional or legal defence available for its unconstitutional actions in Jammu and Kashmir. So they have taken this terrorism ground,” Akhtar informed PTI. He mentioned there have been many states the place the Armed Forces Special Powers Act, or AFSPA, was in power however solely Jammu and Kashmir was singled out as significantly susceptible.

“They have not degraded those states to the level of Union Territories. They have not punished the people of that state. They have only singled out Jammu and Kashmir,” Akhtar mentioned. The PDP chief mentioned the celebration had full religion within the judiciary.

“We have full faith in the judiciary and this august forum has already twice upheld the Article 370 as a permanent feature of Indian Constitution in the absence of a constituent assembly in J&K which has ended its role in 1954,” he added.

Tarigami mentioned even a cursory take a look at the Centre’s Supreme Court affidavit will reveal it’s opposite to the info. “Truth is being obfuscated. Don’t we know how peaceful Jammu and Kashmir was before 1990?” Tarigami mentioned.

“Why did violence erupt? The cause was that particular standing given to JK was eroded and the inimical parts received an opportunity to disrupt.

“What happened in 2019? They jailed all the leadership and revoked the special provisions of the constitution with a stroke of a pen,” he mentioned.

“We don’t want enforced peace. We want a democracy where people’s rights are protected. That’s why we have approached the SC for restoration of the rights,” Tarigami mentioned.

Only restoration of particular provisions of the structure can convey peace and prosperity to the folks of Jammu and Kashmir, he careworn.

“Was there no tourism before 2019? Was there no peace before? Why has there been no election since 2014? How did BJP come to become part of the government in Jammu and Kashmir for the first time in 2014? Because there was peace,” the leftist chief added.





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