Help The Kashmir Monitor sustain so that we continue to be editorially independent. Remember, your contributions, however small they may be, matter to us.

Article 35-A: Ensure unbiased, strong legal defence, PDP to Governor



Srinagar, Sep 3: Peoples Democratic Party has taken strong exception to remarks of the newly appointed ASG, Tushar Mehta, in the case related to Article 35 A and the legal position taken by him the Apex court.


PDP Chief Spokesperson Rafi Ahmad Mir said that PDP has risen for retaining as well as empowering the constitutional powers to Jammu & Kashmir.

“We strongly condemn the remarks made by the leading counsel in the matter,” he said.

Stating that PDP while in government engaged top legal luminaries to ensure that the state government has a strong legal position while defending Article 35 A, he said that the former Chief Minister and PDP President Mehbooba Mufti periodically reviewed the progress of the case directing the state’s Law department to file appropriate and crystal clear response to ensure that the sentiments of the people are honoured.

Mir said that while the proceedings of the case related to Article 35 A were pending, the power of taking the legal recourse of the state government was transferred directly in the hands of the Governor after the fall of PDP led government and now the Governor of the state was morally bound to ensure that the stand of their newly appointed ASG is in accordance to the will of the people.

Earlier PDP while in government, ensured that country’s top lawyer Fali S Nariman is engaged to defend the state and assisted by the Advocate General, Mir said. Our President Mehbooba Mufti refused to compromise on safeguarding the state’s special status, her bold stand to refuse any compromise on state’s special status and a strong legal position in the Apex court, is what is necessary for the state government to follow today. This makes it evidently clear that what our legal and political position was, the same is today and we advocate a strong legal recourse, we have moved to the Supreme Court.

Mir said that the party was also concerned on the newly emerged matter of a petition challenging the validity of the Constitution of Jammu & Kashmir filed in Supreme Court challenging on the ground that the provisions of J&K Constitution violate the Constitution of India. We want the nation to know that safeguarding the Article 35 A, 370 is not to prevent any law and order situation but it’s a matter of our legal right settled by the founding fathers of the Constitution. There is a legal trajectory, which cannot be put to question for the mere fact that it wasn’t debated in the parliament.

“Besides, 35 (A) should also be seen as an issue of trust between the then centre and state. Trust on the basis of the documents,” he said.

The clause six of the Delhi agreement in 1952, Mir said, appreciates and recognizes the need of special rights to J&K and that is why the then PM gave a statement in the parliament recognizing two issues that of citizenship and special rights while referring to law passed by the Dogra Maharaja in 1927. Reiterating that PDP’s movement seeking constitutional safeguard of state’s special status will continue , Mir said it is a very sensitive issue and we want all to rise above politics to ensure that there is an united opposition against such assault on our identity and honour”.