Tension across Valley as traders continue protests over Article 35A, State moves SC for hearing deferment

Various trade bodies held protest demonstrations here on Wednesday in support of Article 35A, the constitutional provision that protects J&K’s hereditary state subject law.

Tension has mounted in Kashmir ahead of the two-day strike call by the separatists and the Supreme Court hearing on the petitions challenging the validity of the Article, scheduled for August 31.

The protest demonstrations were held by Kashmir Economic Alliance (KEA) against the proposed abrogation of the special status in J&K. Holding placards and shouting slogans, businessmen and traders led by KEA co-chairman Farooq Ahmad Dar assembled at Lal Chowk and staged a sit-in. The police, however, foiled their march to the High Court.

Speaking on the occasion, Dar said the march was called to “lodge our protest against the attempt to abrogate Article 35A and we will submit a memorandum to the Chief Justice of the High Court on this issue”. He said “the abrogation of the special status is a direct attack on the autonomy of J&K”.

Meanwhile, Mohammad Yasin Khan, chairman of another faction of the KEA, said the “sole peaceful solution to the controversy surrounding the attempts to abrogate Article 35A is that the case is dismissed”. Khan, who also heads the Kashmir Traders and Manufacturers’ Federation, said this during joint protests with the Transport, Federation Chamber of Commerce and Industries’ Auto Rickshaw Association and other factions of the KEA.

Khan said Articles 35A and 370 safeguard the interests of the people of Jammu, Kashmir and Ladakh, who enjoy a special status. Its revocation, he added, would mean that the people of “all three regions lose their share of all resources in the state, including jobs and land”.

Meanwhile, The J&K Government on Wednesday approached the Supreme Court seeking adjournment of the August 31 hearing on the petitions challenging the validity of Article 35A of the Constitution, citing upcoming local elections in the state.

In the letter, which was circulated on Wednesday by J&K’s Standing Counsel M Shoeb Alam before the Registrar, Supreme Court of India, adjournment has been sought on account of the ongoing preparations for the upcoming panchayat and municipal elections in the state.

Kashmir Post  had already reported on August 28 that the change of Governor notwithstanding, the state government would press for the deferment of the hearing into the petitions citing the forthcoming panchayat elections.

“The undersigned will be seeking an adjournment in the aforementioned matter on August 31, 2018, on account of the ongoing preparations for the upcoming panchayat and municipal elections in the state. This letter may kindly be circulated to the honourable judges so as to avoid any inconvenience to them in reading their briefs,” the letter said.

On August 3, when NN Vohra headed the state administration as the Governor, a similar letter was addressed to the Registrar by the Standing Counsel seeking an adjournment in the five petitions that were scheduled to be heard on August 6 on similar grounds.

Article 35 A of the Constitution, which provides protection to the hereditary state subject law, gives the J&K Legislature the power to decide who are permanent residents of the state.

However, the petitions filed in the top court challenge Article 35A, contending that the provision was illegally added because it was never proposed before Parliament.

The writ petitions challenging Article 35A were adjudicated by the Supreme Court in Purandal Lakhanpal versus President of India and others in 1962 and Sampat Prakash versus the State of Jammu and Kashmir and others in 1969. The contentions were rejected in both cases.

Restrictions in Srinagar from today
The authorities have decided to impose restrictions in the interior parts of Srinagar city Thursday onwards in view of the two-day strike call by the separatists. The areas where the restrictions will be imposed fall under the jurisdictions of seven police stations of Maharaj Gunj, Khanyar, Rainawari, Nowhatta, Safa Kadal, Maisuma and Kral Khud.

Engineer Rasheed supports shutdown call
Independent MLA Engineer Rasheed on Wednesday supported the two-day shutdown called by separatists from August 29 to defend Article 35A. Addressing a press conference here, Rasheed said, “I think New Delhi would not commit the blunder of abrogating or revoking Article 35A. If it goes ahead, then all interests of New Delhi would get buried.”