Centre’s defense in Supreme Court ‘lacks logic’, claims Omar, Mehbooba

Srinagar: Former Jammu and Kashmir chief ministers Mehbooba Mufti and Omar Abdullah on Monday criticized the Centre’s affidavit in the Supreme Court on abrogation of Article 370, saying it lacked logic and constitutional support. In a tweet, PDP President Mehbooba Mufti said, “Centre’s defense lacks logic (that) abrogation of Article 370 is illegal and unconstitutional.” which had given guarantees to the people of Jammu and Kashmir and the Government of India also violated it. Earlier decisions of the Hon’ble Supreme Court held that only the Constituent Assembly of J&K can recommend the removal of Article 370 to the President of India,” he said.

The one-time BJP ally also said that the “drumming about forced silence” in the region cannot be used to “justify constitutional harakiri”. National Conference leader Omar Abdullah also said on Twitter that the arguments given by the government were political and had no scope for legitimacy.

“These are certainly political arguments that the BJP/Central Government can give to sell their decision to the voters but these are not legal arguments.” The whole case in SC was on 5 Aug 2019 regarding the illegality and unconstitutionality of what was done not whether the government has a strong enough political case,” Abdullah said.

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Earlier in the day, PDP leader Naeem Akhtar and CPI-Marxist leader MY Tarigami also criticized the government’s case in the Supreme Court, calling it far from the truth.

“I don’t think there is any constitutional provision on terrorism. There is no constitutional or legal defense available to the Center for its unconstitutional actions in Jammu and Kashmir. That’s why they have resorted to terrorism,” Akhtar told PTI. He said there are several states where the Armed Forces Special Powers Act, or AFSPA, is in force, but only Jammu and Kashmir is considered particularly vulnerable.

Akhtar said, “They have not degraded those states to the level of union territories. They have not punished the people of that state. They have only left Jammu and Kashmir.” The PDP leader said that the party has full faith in the judiciary.

“We have full faith in the judiciary and this prestigious forum has already twice upheld Article 370 as a permanent feature of the Indian Constitution in Jammu and Kashmir in the absence of a Constituent Assembly, whose role it ceased to play in 1954,” he said. Was.”

Tarigami said that even a cursory glance at the Supreme Court affidavit of the Center would reveal that it is contrary to facts. “Truth is being confused. Don’t we know how peaceful J&K was before 1990?” Tarigami said.

“Why did the violence break out? It was because the special status given to JK was over and anti-social elements got an opportunity to create disturbances.”

“What happened in 2019? They jailed all the leadership and abrogated special provisions of the Constitution with the stroke of a pen,” he said.

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

He asserted that only the restoration of special provisions of the Constitution can bring peace and prosperity to the people of Jammu and Kashmir.

“Was there no tourism before 2019? Was there no peace before? Why no elections since 2014? How did BJP become part of the government in J&K for the first time in 2014? Because there was peace,” Left the leader added.