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HomeColumnKashmiris should protest for restoring their human rights

Kashmiris should protest for restoring their human rights

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Kashmiris, Article 370, Article 35 A, Article, Jammu and kashmir, J&K, Ram Nath Kovind, President of India, CJI, Supreme court, SCI, Jantar mantar, Kashmiri protests, Protests, Human rights, India pakistan issue, There are many sacred cows in India but two institutions are most important the Supreme Court of India (SCI) and the President of India who (of late) have been damaging the Republic of India, as if, with vengeance. The glaring following instances are sufficient to support this charge:

(i)- The status-quo-ante of Babri-Masjid is still not restored which is criminal contempt on the part of SCI for lowering the authority of SCI because it was demolished in the presence of SCI Observer in 1992  (whereas before that other Courts and SCI have been illegally moving forward about deciding the title suit and its  appeal) and which thus emboldened the communal ‘Hindutva’ forces which resulted in many communal riots (euphemism for massacre of thousands of innocent Muslims including in 2002 in Gujarat) and thus practically made SCI complicit in bringing ‘Hindutva’ communal forces (BJP) in power at Center and in many States.

(ii)- During criminal demonetization of 2016 -17 entire India suffered (many even died) but the SCI did not stop it though technically RBI became bankrupt even under section 26 of RBI Act itself [which authorized Government of India (GoI) to demonetize Rs 500 and Rs 1,000 currency notes] when GoI gave date of third day when demonetized legal tender could be replaced by other denominations of legal tender but these were simply not available with the agents of the RBI namely commercial banks and post offices etc

(iii)- The then President of India was complicit in this criminal demonetization for the simple reason that President did not oppose it under Article 74 (1) of the Constitution though the printing of Rs 2,000 currency notes (which was meant to replace demonetized currency notes) had started months before taking the sanction of the Cabinet, for this momentous demonetization, by the Prime Minister.

(iv)- All the five judges of SCI including then CJI and present CJI were guilty of  criminal contempt under section 2 ( C) (i) (ii) of Contempt of Court Act (about scandalizing the Court and for interfering in due course of judicial proceedings of the Court) when 4 Judges of SCI  (instead of complaining to President of India) took press conference in January 2018 and no action was initiated against these 5 Judges of SCI (including impeachment) by President of India and the then CJI did not initiate criminal contempt proceedings against these 4 judges of SCI.

But this is much more serious issue where the President of India and SCI are complicit in not only allowing, so long, the GoI in inflicting fraud on Indian Constitution by way of amending Article 370, repealing Article 35-A of the Constitution and bifurcating the State of J&K into two Union Territories (without consulting the representative of the people of J&K while absurdly considering GoI’s own representative the Governor as the representative of the people) but also in condoning the denial of fundamental / human rights in J&K (mainly in Kashmir) and lock-down of Kashmir since August 5, 2019.

This (the said Kashmir issue) has rendered the Indian State dysfunctional where under the influence of communal majoritarianism (buttressed by dereliction of SCI as mentioned above about its failure to restore the Status-quo-ante of Babri Masjid) the Muslims of Kashmir are suffering since August 5, 2019 and entire India and all the organs of Indian State (including the fourth, the media) are either silent or are giving only lip service to these beleaguered & harassed people of J&K (mainly of Kashmir).

Therefore the Kashmiris should stop giving disproportionately & undeservedly high respect to President of India and SCI and should stop treating these two institutions as scared cows rather (may be through Kashmiris living in Delhi or out of Kashmir) should immediately carry-out demonstration against President of India at Jantar-Mantar (designated place for this in India’s capital Delhi) where after this demonstration a memorandum should be given to the President of India mentioning & demanding the following:-

(1)- First and foremost it should be mentioned that the incumbent President Ram Nath Kovind has come to Rashtrapati Bhavan not merely on the basis of his merits (which are impressive) but also because he belongs to weaker section of the society the so-called ‘Dalits’ (oppressed) hence it is believed that this will create confidence among all the weaker sections of the society in India. Hence Kovind should not forget that if he allows Muslims to be persecuted & harassed in India (by destroying the vitals of Indian republic) then other weaker sections of the society in India (including his community the ‘Dalits’) will also face the same persecution & harassment with impunity.

(2)- It should be mentioned that the State of J&K is not like other States of India and is not (automatically) an integral part of India rather its fate as per ‘Instrument of Accession’ (IoA) is legally expected to be decided by plebiscite (the will of the people of United-J&K) and till then Article 370 & 35-A of the Constitution are necessary temporary constitutional provisions (for keeping J&K outsiders-free in the interest of free & fair plebiscite and for running J&K politically, legally and administratively as per the wishes of the people of J&K).

(3)- It should be mentioned that the dereliction of GoI for the last  70 years (by not carrying out plebiscite as per IoA) has not only created chronic & gory Kashmir problem which has caused immense loss of lives, blood, properties and honor in J&K (mainly in Kashmir) and GoI through its security forces has been showing ‘bravery’ (not by retrieving PoJK for carrying out plebiscite) but by training  guns  at civilians of J&K (mainly of Kashmir) under protection of AFSPA, SPA etc. but now GoI has also lock-down Kashmir, destroyed economy of entire J&K and the fundamental / human rights in Kashmir have been denied in J&K (mainly of Kashmir) since August 5, 2019 (by inflicting said fraud by GoI on Indian Constitution).

(4)- It should be mentioned that the sedition etc for separation is criminal offense applicable only in rest of India hence people of J&K (mainly Kashmiris) are illegally detained, arrested and imprisoned before and after August 5, 2019 simply because they demand separation (though it is the constitutionally guaranteed political fundamental right of the people of J&K as per IoA because during plebiscite, as mandated by IoA, they can opt for India or for Pakistan or for independence).

(5)- It should be mentioned that despite many writ petitions in SCI for stopping & quashing the said fraud which GoI inflicted on Indian Constitution (by way of amending Article 370, repealing Article 35-A of the Constitution and bifurcating the State of J&K into two Union Territories) and for restoring the fundamental / human rights of the people of J&K (mainly of Kashmir) the SCI is simply & conveniently sitting on these writ petitions and not discharging its constitutional obligation to promptly enforce their fundamental rights constitutionally guaranteed under Article 32 of the Constitution.

(6)- Therefore it should be demanded through this memorandum that the President of India should immediately under Article 143 (1) of the Constitution which reads as – “[If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon]”-  should obtain opinion of SCI as to why despite so many said writ petitions in SCI the fundamental  human rights of the entire State of J&K are being denied to them and the Kashmir valley is locked down since August 5, 2019.

It is hoped that the Kashmiris living in Delhi and out of Kashmir (who are not locked-down) will come forward to immediately carry-out demonstration at Jantar-Mantar (and then memorandum to the President of India) as mentioned above in order to bring succor to the people of J&K (mainly of Kashmir) who are being harassed and beleaguered (with impunity) in utter violation of rule of law by GoI and which is being condoned by SCI, in a legally & constitutionally objectionable manner.

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