Delimitation in J&K?; NPP Supremo Bhim Singh urged intervention of President of India to save J&K from disaster
Prof.Bhim Singh, Chief Patron, J&K National Panthers Party & Sr. Advocate urged Ramnath Kovind, the President of India for his immediate intervention to save Jammu and Kashmir (Jammu, Kashmir & Ladakh) from political disaster which J&K has been facing since August 5, 2019 when J&K was unconstitutionally, illegally and immorally divided into two Union Territories; Jammu & Kashmir and Ladakh. NPP Supremo has urged the President of India for his urgent intervention to save one of the oldest states in the Union of India namely Jammu & Kashmir which is passing through to a dangerous period as the leadership in the Govt. of India has sacrificed rather mutilated all the constitutional norms and political standards in respect of state of Jammu and Kashmir which was founded first Dogra Maharaja Gulab Singh in 1846. Jammu and Ladakh was united with Kashmir with the result that the state of J&K was founded in 1846.
The Union of India under the BJP government committed several blunders in respect of J&K which have been committed after demolishing the State of J&K which was one of the oldest states and was not integrated by the Constituent Assembly into the Union Territory in 1949.
i). The State of J&K was allowed with its Monarchy under its Maharaja Hari Singh (father of Dr. Karan Singh).
ii). The Monarchy continued till 1952 officially and the National Conference leader Sheikh Mohd. Abdullah had created a Constituent Assembly for J&K. It was a resolution of the National Conference which proposed to abolish the Monarchy without any sanction of any law; local or international.
iii). After 1952 Dr. Karan Singh who was Yuvraj Karan Singh till 1952, was designated as Sadar-e-Riyasat. That too was unconstitutional in the Municipal law as well as in the International Law.
iv). The State of J&K was acceded by Maharaja Hari Singh on October 26, 1947. The Accession was approved/accepted by the then Governor-General of India, Lord Mountbatten on October 27, 1947.
v). J&K’s accession has not been ratified by the Parliament of India even when the statehood of J&K was illegally and unconstitutionally announced on August 5, 2019.
vi). It is a tragedy that J&K has been reduced to a Union Territory, which is totally unconstitutional, illegal and a great discrimination with the people of J&K who had supported the Ruler of J&K to sign the Instrument of Accession. This was only Kashmir where Mahatma Gandhi saw the ray of secularism in 1947.
vii). The Assembly in J&K was demolished and the so-called Union Territories of Jammu & Kashmir and Ladakh remained without Assembly as well as representation.
viii). That the Union of India committed another blunder by extending 73rd amendment of the Constitution of India without the consent of the Assembly of J&K. Dismissed Assembly and extended 73rd amendment.
ix). It was another tragedy rather horrifying discrimination with the people of J&K that so-called District Development Council with 14 members for each district in J&K was loaded on the people. There was no delimitation of the DDC at all nor the administration of UTs had any power whatsoever to delimit DDC constituencies. All the principles of natural justice were sacrificed, for example, each district was allotted 14 members of DDC without putting any Delimitation Commission least caring for the rule of law, population and other principles which were required to be considered at the time of delimitation of DDC.
x). This election declared for DDC is absolutely illegal, unconstitutional rather forcing the people of J&K to digest this unconstitutional pill.
xi). It is the greatness of the political parties in J&K that they are ready to swallow this illegal, unconstitutional, discriminatory treatment besides digesting the decision of the Union Govt. reducing the oldest state of J&K which was founded by first Dogra Maharaja in 1846.
Prof.Bhim Singh would like to make this humble submission to the Hon’ble President of India who has been a seasoned and a noted advocate of the Supreme Court of India also. NPP Supremo would like to submit to the Hon’ble President for his immediate intervention so that;
a). The statehood of J&K is restored without any delay.
b). That the so-called deceptive DDC elections are cancelled till statehood is restored and the Central Law is made applicable through a due process of law and application of the Constitution of India. He further would like to say that such elections as DDC, in J&K in this situation, under this weather and this kind of anarchy may prove to be counter-productive.
c). ‘Wisdom lies in daring’, Your Excellency, the Hon’ble President of India is urged to save the people of J&K and the state from this kind of anarchy which is facing today.
d). The people of J&K love to have all fundamental rights which are enjoyed by the whole country. People of state have been facing discrimination and this shall be in the interest of the integrity of the whole nation that the matter on the restoration of state of J&K is brought before the Parliament so that Members of Parliament from J&K shall get an open opportunity to place the real situation with facts and law before the Hon’ble Members of Parliament.
e). The so-called DDC elections in J&K need to be cancelled because these DDC elections are being held in violation of rule of law as well as the Constitution.
Your Excellency what I am submitting for your kind consideration is worth considering in the greater national interests and the fundamental rights of the residents of the state who have made super sacrifices with commitment to join the Union of India in 1947.
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