JAMMU, Mar 4: In a significant ruling, Legislative Assembly Speaker Abdul Rahim Rather today announced that Article 370 can’t be debated in the Legislature for a year as it was discussed by the House in the form of a resolution brought by the Government in first session in November last year and rejected the amendment to this effect brought by People’s Conference chairman Sajjad Gani Lone in the House in Lieutenant Governor Manoj Sinha’s Address.
The Speaker’s ruling which will set the issue to rest inside the House at least till November came in response to Lone’s statement in the Assembly before start of debate on Motion of Thanks to LG’s Address that his four amendments have been rejected by the Chair.
Lone had moved six amendments to the LG’s Address including discussion on Article 370, 1987 elections rigging, police/CID verification process (services, passports etc), abolition of Public Safety Act (PSA), giving 12 LPG cylinders and 200 units of electricity free of cost to the people.
Lone, a former Minister and lone MLA of his party, the People’s Conference, said in the House that his four amendments including discussion on Article 370, 1987 poll rigging, PSA repeal and verification process have been rejected and wanted to know reasons from the Speaker.
Rather said he appreciates concerns of Sajjad Lone but has to go by the Rules which clearly states that an issue which has been discussed in the House can’t be debated again for a year. Quoting the Rule, he said the issue was discussed in the form of a Resolution brought by the Government in first Assembly session in November last year.
Sajjad, however, countered the Chair saying there was no mention of Articles 370 and 35-A in the Resolution and that he will apologize if any such mention was found, but the Speaker argued that special status in the Indian Constitutions means Articles 370 and 35-A.
“Your (the Government) Resolution pertained to special status. It can be Union Territory. The Government should have mentioned repeal of PSA in the LG’s Address. If all these issues were within the ambit of law during election campaign, how they have become out of the purview of law suddenly”? Sajjad asked.
NC MLA Tanvir Sadiq briefly countered Sajjad Lone.
On rejection of discussion on 1987 election rigging, the Legislative Assembly Speaker said the issue dates back to 37 years and can’t be taken up for discussion now as per the rules which state that only issues of recent occurrence can be debated in the House.
Sajjad, however, said that thousands of lives have been lost in Jammu and Kashmir post 1987 and “you are telling me you don’t want a probe”.
On repeal of PSA and verification process amendments, Rather said the issues fall under the jurisdiction of the Union Ministry of Home Affairs and therefore he can’t permit a discussion on them.
“Unless Statehood is restored, this can’t be done,” the Presiding Officer said.
Nizam-ud-Din Bhat (Congress) too intervened saying service verification rules are made by the UT’s General Administration Department.
The Speaker referred to a verdict given by the High Court of Jammu and Kashmir on verification process.
However, two amendments move by Sajjad Lone pertaining to 12 LPG cylinders and 200 units of free electricity to the people, which are election promises of the ruling National Conference, have been admitted by the Speaker.
Not satisfied by the Speaker’s ruling, Sajjad Lone staged a walkout in the Assembly.
Lone said there was no mention of Article 370 or August 5, 2019 events or even Jammu & Kashmir Reorganisation Act-2019 in the resolution passed by NC-led Government in the last session
“Your resolution is like a marriage invitation card in which neither the names of the bride is written nor the name of groom is mentioned,” he said.
Lone also contested the Speaker’s ruling on disallowing his amendment for a probe into 1987 election rigging.
“We are unable to come out of 1987. We are trapped in 1987. The rigging of the 1987 election brought violence,” he said.
Lone said how the Assembly can remain quiet on “stringent police verification procedures.
“We want our children shouldn’t be punished for what their father or brother or cousin has done? It is primitive. How can we allow this? How can this Assembly keep quiet?” he asked,
Lone said he himself has been a victim of police verification and was banned from applying for a passport in 2012. “I was under prior approval category (PAC),” he said, adding that this form of “collective punishment” is only in Jammu & Kashmir
“We want the verification rules which are prevalent in Punjab should also apply to us. Are we not equal citizens of India?” Lone asked,
Speaking to reporters outside the Assembly, Lone said: “I am not convinced by the Speaker’s reply and I believe they are trying to muzzle us”.
“I have moved some amendments with regards to Lt Governor’s address but five of the seven amendments were rejected by the Speaker. I have demanded restoration of Article 370, repeal of Public Safety Act, recent civilian killings, police verification and a probe in 1987 rigging in Assembly elections which were rejected,” Lone said.
He said it is ironic that this is the same National Conference, which highlighted these issues during its election campaign, but after forming the Government “they do not want to listen and have imposed a ban on talking about these things”.
Leader of Opposition Sunil Sharma opposed the discussion on Article 370, calling it “foolishness.”
He said that Article 370 is now a history and everyone should acknowledge it. Discussing it is completely foolish and tantamount to misleading people, he said.
“Discussing Article 370 is unnecessary. It is a waste of time to discuss an issue that has been a history now. Those who don’t have knowledge about the Constitution would try to discuss these issues,” Sharma said.
“The Supreme Court has upheld its abrogation,” he added.
Criticizing Peoples Conference chairman and MLA Handwara, Sajad Lone for staging walkout over the issue of Article 370, Sharma said, “His (Lone’s) love for Pakistan has resurfaced as his sasural (in laws) are there. He (Lone) is frustrated after barely winning the election and is alone in the Assembly,” the LOP said.
Meanwhile, Pradesh Congress Committee (JKPCC) president Tariq Hameed Karra said that for the Congress party, the concept of special status for Jammu and Kashmir, post the Supreme Court verdict, translates to full Statehood.
Speaking to reporters outside the Assembly, Karra said, “For Congress, after the Supreme Court’s verdict, if there is any possibility of special status, it is Statehood. That remains our primary demand, and we will continue to stand by it.”
The JKPCC chief called for clarity on the demand for special status, saying that different political parties interpret the term differently. “Clarity is needed on what special status we are seeking. Different parties have different interpretations, but for Congress, post the Supreme Court verdict, it is Statehood,” he said.
When asked whether Congress would push for Article 371, Karra avoided referencing specific provisions but called for securing Constitutional safeguards. “It is not about numbers. What matters is ensuring protection for land, jobs and natural resources,” he said.
The J&K Congress chief also criticised the Gvernment for failing to provide a clear timeline for the restoration of Jammu and Kashmir’s Statehood, saying that the Vision Document lacks specifics on the matter.
He said that while the Government has mentioned Statehood, the process and timeframe remain vague. “There is no clarity on when or how Statehood will be restored. This is a crucial issue that needs immediate attention,” he asserted.
Responding to People’s Democratic Party’s criticism that the document offers nothing significant to revive businesses, Karra distanced the Congress from PDP’s stance. “That is their issue. We have our own”.
