Few can remember the last time this happened in the Jammu and Kashmir Assembly. On Monday, an adjournment motion was brought by Treasury Benches in the House, and was disallowed by the Speaker.
The adjournment motion notice was given by the ruling National Conference (NC), and allies, to discuss the Waqf (Amendment) Act passed by Parliament. The incongruity of Speaker Abdul Rahim Rather rejecting it triggered fresh accusations against the Omar Abdullah government of “trying to appease both sides”.
Rather, who is an NC government appointee, rejected the adjournment motion saying the matter was sub judice, and that sub-judice matters can’t be discussed in the House. Several parties have gone to the Supreme Court against the Waqf Act.
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While members of the NC joined the PDP and some Independents in the well of the House to protest against the Speaker’s decision, the Opposition called the NC’s actions “staged”. Opposition leaders said that the NC didn’t just want to dodge a debate on the Waqf Bill, it didn’t want pending resolutions on restoration of statehood to J-K to come before the House as well. Disruption of the Assembly meant no discussion was held.
PDP president and former chief minister Mehbooba Mufti posted on X that the Speaker’s action was “profoundly disappointing”. “Despite securing a strong mandate, the government appears to have completely yielded to the BJP’s anti-Muslim agenda, cynically attempting to appease both sides.”
Giving the example of the resolution passed by the Tamil Nadu Assembly against the legislation, Mufti said: “In J&K, the only Muslim-majority region, it’s alarming that a supposedly people-centric government lacks the courage even to debate this critical issue.”
The Speaker said in the Assembly that Tamil Nadu’s resolution had predated the court proceedings. “Now the matter is subjudice.”
But Peoples Conference (PC) president Sajad Lone questioned this too, saying outside the House: “The petitions against the Waqf Act have not been admitted yet. So, how can the matter be subjudice?”
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He also questioned the logic behind a ruling party moving an adjournment motion. “Let me tell my friends in the NC that an adjournment motion is a censure motion against the government… Adjournment means discussion, and a reply by the Minister in-charge concerned,” Lone said. “The only legislative tool available to us to express our collective disapproval against this law (by the Centre) was a resolution… If its (the NC’s) song-and-dance performance in the Assembly was not theatre, why is the NC not bringing a no-confidence motion against its own Speaker for disallowing their adjournment motion?”
He pointed out that with the Assembly not functioning, “three resolutions seeking restoration of statehood lapsed today”. “So, was this song and dance about Waqf or about stalling statehood resolutions?”
Hurriyat Chairman and the Valley’s chief cleric Mirwaiz Umar Farooq also weighed in. “It is ridiculous and condemnable that Tamil Nadu which only has 6% Muslim population passes a strong anti-Waqf resolution in its Assembly while the Muslim-majority J&K Assembly’s Speaker is struggling and refusing, by hiding behind technicalities, to discuss this deeply concerning issue,” Mirwaiz said.
He added that Rather should keep in mind that the strong mandate the NC had got was based on its promise “to safeguard the interests of the people being trampled upon since August 2019 (when the special status of J&K was scrapped)”. “Why is he capitulating so meekly?” Mirwaiz said.
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The Speaker also did not admit for debate two resolutions submitted by Sajad Lone, one seeking the restoration of J-K’s pre-August 2019 status and the other seeking the return to J-K of prisoners booked under the Public Safety Act (PSA) and lodged in other states, without giving any specific reason.
Lone’s resolution on restoration of special status could have put the NC in a spot because, while it wants to avoid a confrontation with the Centre, it could not have been seen opposing it.
Lone contested the claim that its resolution on special status could not have been admitted as it was “similar” to what the NC had brought in the last Assembly Session – and that two similar legislation can’t be moved in a House within a year.
“Our resolution uses the words ‘Article 370’, it uses the word ‘35A’, it uses the words ‘Reorganisation Bill’, it uses the words ‘August 2019’ and it unambiguously states that we need our Article 370 back, we need 35A back,” he said, underlining all that was different from the NC’s resolution.
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Lone’s other resolution, on J-K prisoners booked under the PSA, was disallowed as “the matter was deemed to fall under the purview of the Central government”, according to sources. The People’s Conference leader said this too didn’t stand. “This institution (the Assembly) reflects the will of the people of J&K and nothing bars them from expressing their views. Whether Delhi agrees with it or not is a different thing altogether.”
The Speaker did not slot a private member’s Bill submitted by PDP legislator Waheed Para, seeking the restoration of holiday on “Martyrs’ Day”, either. Though the Bill was initially admitted, it was left out during the balloting. The restoration of the holiday on July 13 is an emotional issue in the Valley and is supported by all the political parties except the BJP.
On Monday, ruckus erupted in the J-K Assembly as soon as Rather refused the adjournment motion to discuss the Waqf law, moved by the NC’s Nazir Gurezi and Tanvir Sadiq, and supported by seven others, including NC and Congress MLAs and some Independents.
Leader of the Opposition Sunil Sharma of the BJP mounted a vociferous opposition to the motion.
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Even after the Speaker instructed the MLAs to return to their seats, the war of words on both sides continued. As BJP members shouted “Bharat Mata Ki Jai” and “Vande Mataram” slogans, the other side raised “Allah hu Akbar” and “Nara-e Takbeer” slogans.
During the ruckus, NC member Majid Larmi’s black achkan was torn. Party members held up pieces of the torn dress as symbols of protest against the Bill.
Welcome for Rijiju
The Assembly row coincided with the Omar government according a warm welcome to Union Minister Kiren Rijiju, who piloted the Waqf Bill in Parliament as the Minority Affairs Minister, in Srinagar. PDP leader Iltija Mufti posted on X: “What’s left to say when the Chief Minister of India’s only Muslim-majority state gives a red carpet welcome to the BJP minister who introduced the Waqf Bill meant to disempower & debilitate Muslims?”
Lone said: “The least the Muslims of India deserved was that in J&K, the only Muslim-majority province in India, the CM as a mark of protest stays away from Mr Kiren Rijju… Instead he tags along Farooq sahib as well. What a shame.”