Excelsior Correspondent
JAMMU, Dec 28: Chief patron NPP and senior Supreme Court lawyer Prof Bhim Singh today said that J&K High Court has no jurisdiction to declare any provision of the Constitution of India as invalid or otherwise.
Talking to media persons here today, Prof Singh expressed shock on the reported judgment of J&K High Court declaring introduction of Governor in place of Sadre-Riyast as invalid. Prof Bhim Singh said that High Court of Jammu and Kashmir is a product of the Constitution of India and is bound by the Constitution to function under the domain of Constitution of India so far as the Central subject is concern including the High Court.
Prof Singh said that couple of month back, the High Court of J&K passed a judgment in relation of Article 370, projecting it as a permanent feature and unchangeable. That was highly unconstitutional and the High Court had no competence or jurisdiction to make such a judgment. Again the High Court, accused the Parliament of introducing Governor system in Jammu and Kashmir. Prof Singh said `Sadre-Riyast’ was introduced only when the Monarchy was abolished (though illegally) on August 20, 1952. Article 370 was a temporary provision, it stood demolished on that date only. Introduction of `Sadre-Riyast’ was another blunder committed by the Congress at the national level by misleading the Parliament. In 1965, it was Legislative Assembly under the leadership of Ghulam Mohd Sadiq which understood the mistake and cured the wrong by introducing president in place of `Sadre-Riyast’.
Prof Bhim Singh said that BJP Govt in the Centre has been playing hide and seek with the people of the State and trying to play to the tune of Anglo American plan to create a special defence centre in Kashmir for the Anglo American bloc.
The NPP leader demanded dismissal of PDP-BJP Govt, amendment in Article 370 and reorganization of the Jammu and Kashmir by introducing a confederation of Jammu Pradesh, Kashmir Valley and Ladakh-Gilgit by giving State powers under State list to each region so that each region shall grow without any intervention. He said that the fresh election to the State Assembly should be held after the delimitation of the Constituencies through amendment in Article 370.
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