Discussions over Article 370, statehood mark stormy final day of J&K assembly

The discussion on the final day of Jammu and Kashmir assembly’s first session focussed on restoration of Article 370 and statehood, besides the protection of the land and jobs for the people of the union territory.
The discussion on motion of thanks on lieutenant-governor (L-G) Manoj Sinha which he delivered on Monday could only start after a majority of Bharatiya Janata Party legislators were marshalled out as they tried to jump into the well of the House and create ruckus against the government’s Wednesday resolution demanding restoration of special status for Jammu and Kashmir. The other BJP members staged a walkout.
The discussion was initiated by National Conference leader Javid Hassan Baig. who could not be heard initially as BJP members were raising slogans.
Baig gave a historical background of Article 370’s incorporation into the Constitution. “When our accession happened with India, it had a moral base neither legal nor political… The conditions on which the agreements were done or their termination, the biggest condition was that our constituent assembly will decide what will be our relations with India. That was the reason that Article 370 was incorporated in the Indian Constitution,” he said.
Baig said the resolution by the assembly passed on Wednesday was binding because it had a moral, legal and constitutional basis. “This assembly has come into being by a due constitutional process. If its resolution is not binding then what we are doing here?” he questioned. He also raked up the “aspiration” of people, “What are our aspirations? We want to go back to August 04, 2019 position.”
The assembly had on Wednesday passed a resolution, moved by deputy chief minister (CM) Surinder Choudhary, seeking the restoration of the region’s special status amid ruckus as BJP legislators.
“We are not in favour of Pakistan, neither do we want ‘azadi’. If this country is free then we are also free,” Baig, the Baramulla MLA, said. “The accession had happened on certain conditions and we are not ready to move back an inch on those conditions”.
“The Prime Minister said a wall was brought down (by abrogation of article 370). It was not a wall but a bridge which had led to a relationship between us. You destroyed that bridge and raised more walls…you know that power doesn’t remain,” he said.
Muzaffar Iqbal Khan, former judge and independent legislator from Thanamandi, also participated in the discussion. While responding to the arguments of those who say the Supreme Court has upheld the revocation of Article 370, Khan said the judgement does not deem Article 370 was unconstitutional.
Khan obliquely targeted BJP, saying slogans were raised in this House of Article 370 bring “Pakistan’s agenda”. “Article 370 was never given by the constituent assembly of Pakistan. It was the same constituent assembly which gave us the Constitution, this sacred document and it was deliberated for days together,” he said.
Congress leader Nizamuddin Bhat, during the discussion, requested the speaker to “send two words to Parliament and the PM” on behalf of the Congress: “Let the message go to Parliament and PM that it is your party which not only shows dishonour to this House but are trying to force a denial to the expression of the will of people.”
On the government’s resolution, Bhat said, “The onus is not on this house or people of Jammu and Kashmir now. Onus is now on New Delhi.”
People Democratic Party MLA Rafiq Naik went on to express his pain on how BJP members tagged them as “terrorists, separatists and Pakistani”. “For how long will we Kashmiri have to hear this? When we demand our rights, we only get one label of ‘Pakistani, terrorist or separatist’. Is it a sin to be a Muslim in India? Don’t our people give their lives with army? Wasn’t my father shot by terrorists in Tral? Don’t they see that bullet?”
CPIM leader MY Tarigami said, historically, when Article 370 was introduced in constituent assembly of India, the debate was presided over by Shyama Prasad Mukherji. “And there is no dissenting note from him. Let them [BJP members] read history,” he said.
“Instead of providing jobs, how many were expelled (in the past few years) just because somebody’s distant relative was involved in militancy,” he said.
Peoples Conference president and Handwara MLA Sajad Lone, meanwhile, called for a reinforcement of the recently passed resolution, criticising its lack of mention of Article 370 and 35A. “The will of people of Jammu and Kashmir was subverted and a non-state subject sat in Raj Bhawan and signed on behalf of people,” he said, dubbing the revocation a “macro majoritarian” decision.
Awami Ittehad Party MLA from Langate, Khurshid Ahmad Sheikh, Baramulla MP Engineer Rashid’s brother, dissected the L-G’s address, saying “We didn’t find the mention of Public Safety Act and Armed Forces (Special Powers) Act revocation in his address,” he said.
“There was no talk of political prisoners, particularly journalists. Still some of our journalists are in jail like Majid Hyderi. We want concrete action to release political prisoners and journalists,” he added.
Assembly adjourned sine die
The assembly was adjourned sine die after the House passed the motion of thanks on the L-G address. Speaking on the vote of thanks in the House, CM Omar Abdullah said, “The first session of the newly elected Jammu and Kashmir Assembly is short in duration but historic in terms of agenda.”
Referring to the passage of the resolution for the special, the CM said, “After its passage, I am happy that people have found their voice and they are able to talk… They are feeling free enough to express themselves.”
Omar said the passage of the resolution, which he dubbed “historic” showed that the special status’ removal was done without the consent of people of Jammu and Kashmir. “This resolution won’t close doors but will open the doors. We have to look towards future and see what we had in the past. ”