Srinagar : The recently announced Jammu and Kashmir domicile law has been challenged in Supreme Court of India.
The founder and patron of J&K National Panthers Party Prof Bhim Singh has claimed that he has challenged the new domicile rules for Jammu and Kashmir and has argued for the restoration of the state subject laws, statehood and special status which was changed on 5 August 2019. No practical details of the case have been made available.
A statement issued by Bhim Singh’s office said: Prof. Bhim Singh has challenged the latest Domicile Law, “inducted forcibly by the Union of India to bypass permanent residents rules in J&K thus depriving the permanent residents of Jammu & Kashmir of their jobs and work in the government offices even in Class-IV, Class-III & Class-II jobs in the government in J&K”.
“NPP Supremo questioned as to how Parliament and under what rule could reject or approve the Instrument of Accession signed by Maharaja Hari Singh denying three subjects, Defence, Foreign Affairs & Communications with Allied Matters to the Govt. of India, after the death of Maharaja Hari Singh. The Instrument of Accession could have been amended/improved/changed by the Parliament of India through an appropriate motion in the Parliament under rules of procedure only. The Instrument of Accession could not have been scratched by any authority without the procedure that was mandatory under the Constitution.
“Prof. Bhim Singh regretted that BJP government in the Centre has been acting in violation in letter and spirit by violating/infringing the spirit and the command of the Constitution of India which was declared on 26th January 1950.
“That Article 370 (1) which has been retained by the present rulers is very clear that the Parliament of India has not implemented the Accession of the State of Jammu & Kashmir by accepting the Instrument of Accession on 5th March 2020 neither Parliament has amended the Constitution to accept the Instrument of Accession signed by Maharaja Hari Singh on 26th October 1947. The Parliament has not taken over Defence, Foreign Affairs & Communications with Allied Matters which were retained with the Executive power of J&K by the Maharaja. Unless Parliament of India acquires entire State of Jammu & Kashmir by its Parliamentary decision that three subjects retained by the Maharaja with him, shall also be given to the authority of the Parliament of India the Instrument of Accession remains intact. The present BJP government has not acted in accordance to the International Law nor in accordance with the Constitution of India while declaring Jammu & Kashmir as two Union Territories by splitting Jammu & Kashmir.
“This matter should be understood in the rulers of India who are dictating pro BJP laws in J&K in violation of the Constitution of India as well as International Law.
“Prof. Bhim Singh urged the President of India to convene an urgent meeting of representatives of recognized political parties of Jammu & Kashmir and those national political parties which are functioning in Jammu & Kashmir. This matter deserves earliest attention of the President lest Intentional Court of Justice intervention comes into play.
“Changing status of Jammu & Kashmir by the Govt. of India is also unconstitutional that violates the letter and spirit of the Constitution of India. State of Jammu & Kashmir cannot be reduced to a Union Territory by Govt. of India till restoration of State Territories under illegal occupation of Pakistan and China.
Prof. Bhim Singh a Barrister at Law, post-graduated in law also from London University in 1972, presently, he is also Executive Chairman of State Legal Aid Committee, J&K besides Senior Advocate in the Supreme Court of India. Prof. Bhim Singh is also permanent resident of Jammu & Kashmir by birth in Jammu & Kashmir, the state which was founded by the first Dogra ruler, Maharaja Gulab Singh in 1846, he comes from the family of first Dogra General Zorawar Singh, declared that the Panthers Party which was founded in 1982 shall save the integrity of Jammu & Kashmir and Fundamental Rights of its permanent residents which have been recognized by the Constituent Assembly of India when Constitution of India was framed and finalized in November 1949.