Farooq concerned over ‘Art 35-A discriminatory’ remark in SC
Srinagar, Sep 2: Farooq Abdullah, the president of National Conference has expressed his concern about the stand taken by the counsel for the state of J&K, before the SC in the litigation relating to article 35A.
The Additional Solicitor General, who was representing the state of J&K before the SC, as per media reports, had accepted during the recent hearing before the SC that some aspects of Article 35A deserve to be scrutinized by the SC on the grounds of gender discrimination and constitutionality.
Farooq, in a statement, said that if this is true, it is a grave development and a matter of serious concern. “Such a statement, if made before the SC on behalf of Government of Jammu & Kashmir indicates instead of defending Article 35 A and asking for the challenge to be dismissed based upon earlier constitution bench judgment, the state Govt has virtually conceded before the SC that some parts of Article 35 A deserve to struck down,” he said
He said that the Additional Solicitor has been virtually sidelined and made to take a back seat in such a sensitive litigation concerning the unique legal history and constitutional status of the state of J&K under section 42 of the constitution of Jammu & Kashmir, the Adv General is appointer for state and is obligated to represent and defend the interests of the people of the state.
He is the constitutional authority and a guardian of the interests of the people of Jammu and Kashmir before all courts.
Farooq called upon the Government of J&K to take immediate steps to ensure that the state J&K does not facilitate the striking down of Article 35A by its subtle support and admissions made before the Sc.