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Centre’s defence in SC lacks logic: J&K parties on Art 370 changes

PDP chief Mehbooba Mufti tweeted, “Drum beating about an enforced silence and so called grassroots democracy cant be used to justify constitutional harakiri.”

article 370 abrogation, jammu and kashmir, j&kNC leader Omar Abdullah and PDP chief Mehbooba Mufti (Express/PTI File Photo)
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The Central government’s affidavit in the Supreme Court, stating that Article 370 changes have brought “unprecedented progress, security and stability to J&K”, has been questioned by the political leadership in the Valley, which has termed its action “illegal and forced”.

The apex court is due to take up a batch of petitions challenging the 2019 reconstitution of the former state of J&K into two Union Territories on Tuesday.

Reacting to the government’s arguments, former J&K chief minister and National Conference leader Omar Abdullah tweeted: “These are definitely political arguments the BJP/Union Govt can make to sell their decision to the voter but they are not legal arguments. The entire case in the SC is about the illegality and unconstitutionality of what was done on 5th Aug 2019, not whether the Govt has a strong enough political case.”

PDP chief Mehbooba Mufti tweeted, “Drum beating about an enforced silence and so called grassroots democracy cant be used to justify constitutional harakiri.” She said the Centre’s defence “lacks logic” to back its decision of the “illegal and unconstitutional” abrogation of Article 370.

“Brute majority was used to subvert the Indian constitution that extended guarantees to the people of J&K and GOI also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India.”

CPI(M) leader M Y Tarigami said, “A historical state was downsized. What has happened since then?… We do not want this forced peace and normalcy, we want peace that includes the will of the people.”

People’s Conference president Sajad Lone said, “Per se the affidavit filed by the Central government focuses on issues post abrogation. What will eventually be discussed in the court is the legal pathway to abrogation not the so-called perceived political or law and order benefits post abrogation.”

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He added that what the apex court has to decide is not whether abrogation of Article 370 is good or bad for J&K but whether it was good or bad in law.

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