New domicile law unconstitutional and unacceptable : Panthers Party

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By Muslim Mirror Network

New Delhi, 29 June :  Strongly condemning the issuance of Domicile Certificate to outsiders in Jammu and Kashmir, Sr. Advocate of Supreme Court, Prof. Bhim Singh and his political outfit party, National Panthers Party on Monday urged the President of India, Ramnath Kovind to immediately intervene into the matter in order to save the history, integrity and the fundamental rights of Permanent Residents of the state.  NPP convened a meeting of J&K political parties to chalk out an action plan.

Prof Singh has sent a strong petition to the President of India  for urgent intervention to save the history, integrity and the fundamental rights of Permanent Residents of J&K whose existence and identity has been threatened by the introduction of the present act of the government without consultation of the Legislative Assembly of J&K.

He  expressed shock and anger on behalf of all Permanent Residents of Jammu & Kashmir on this “dictatorial order’  that a Tehsildar/employee from anywhere in the country can issue the Domicile Certificate to the outsiders.

 Prof warned that this recent declaration of the Government of India shall not be accepted/digested by the people of the state at any cost and  under any circumstances.

 He underlined the legal view stating that “the Law on Permanent Residents introduced by Jammu & Kashmir Assembly shall not be crashed under any circumstances as no authority is competent to change/amend any Law pertaining to Permanent Residents’ Status of Jammu and Kashmir. Even J&K Assembly is not competent enough to annul this act.

 This is a great tragedy that the ruling BJP in India has forgotten the history, the background and the circumstances that led to the Accession of the Princely State of J&K in 1947, Prof Singh added who used to advocate  for annulment of the Article 370 which accorded Special Status to the State. Unveritable bale

 It is  an undeniable historical fact that the state subject clause was introduced by  the Maharaja Hari Singh, the then Ruler of J&K. Maharaja  enacted a Law on State Subject in Jammu & Kashmir by a Royal Decree in 1927. This Law then called as ‘State Subject’, naturally, the State was governed by a Maharaja.

It was Maharaja Hari Singh who in consultation with all well-known representatives of all sections of the people of J&K introduced the law called ‘State Subject’. The purpose to introduce this Law was to ensure the lands of poor farmers in Jammu, Kashmir & Ladakh, does not fall in the hands of big landlords and moneyed people from outside the State of Jammu & Kashmir.  Furthermore, it was also aimed at preventing educated and affluent Muslims from then undivided Punjab in getting government jobs and properties.  Prof Singh said it was this Law which continued with full backing of the people of Jammu & Kashmir from all regions and all classes and religious groups.

This identity of the residents of Jammu & Kashmir was preserved by the Constituent Assembly in 1949 when the Constitution of India was framed. This matter was discussed and finally settled unanimously by the Constituent Assembly while writing the Constitution of India under the Chairmanship of Dr. Bhimrao Ambedkar.

It was clearly mentioned in the Constitution that all Laws pertaining to the residents of Jammu & Kashmir shall remain intact and shall not be disturbed at all.

Maharaja Hari Singh and National Conference leader Shaikh  Abdullah  signed the Instrument of Accession with the Union of India on 26th October, 1947 as it was not merged with the Union of India like other princely states but acceded.

The ‘State Subject’ was spelled as Permanent Residents with all their rights and security would remain as they were entitled to the ‘State Subjects’ which included the right of the Permanent Residents over their immovable property. The Fundamental Rights of the Permanent Residents in respect of their immovable property remained unchanged.

 However, it  is highly unfortunate rather tragic that the present government of Jammu & Kashmir under the President’s Rule has through a notification declared that the concept of/law on Permanent Residents is no more Fundamental Rights and no non-resident shall have any legitimacy to purchase, acquire or own immovable property/land, Prof Singh said.

This Law could not be changed by any person, any authority, any order by anybody except the Legislative Assembly of J&K which was only competent to make any amendment in the Law on Permanent Residents’ Status, he stated.

 NPP leader and former   Kashmir Lawmaker, Prof Singh said  “The present so-called Law issued by the unauthorized administration to abolish the Permanent Settlement Law by a dictatorial note cannot be accepted by the Constitution and the Fundamental Rights of the residents of J&K”.

It amounts to a threat to the very identity of the Permanent Residents of Jammu & Kashmir whose rights were preserved since 1927 under the Royal Decree of J&K ruler, he emphasized.

 Prof Singh, who represented in J&K Assembly and in the Council for nearly 15 years, has expressed shock how the status/fundamental rights of residents of J&K can be thrashed when the Parliament introduced Article 371 (a) to (j).

The Parliament has introduced Law as constitutional right confirmed in the citizens of India in several states including Himachal Pradesh, even Goa and in the Northern States including Assam and Nagaland, which do not allow any outsider to buy/purchase immovable property in the Northern States including Assam, Nagaland, Manipur, Arunachal Pradesh, Sikkim and others.

 Prof Singh announced that the Panthers Party shall hold an urgent meeting of the representatives of all the political parties in Jammu and Kashmir to decide the line of action. It also called an urgent meeting of the senior lawyers to decide an immediate legal action to stop J&K administration from issuing a Domicile Certificate.  The state administration has already issued more than 30,000 Domicile Certificates to the non-residents.

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