J&K not 'one of its kind'; Punjab, Northeast faced similar situation: SC to Centre during Article 370 hearing

News Network
August 30, 2023

SC.jpg

New Delhi, Aug 30: Jammu and Kashmir is not one-of-a-kind and Punjab and the Northeast have faced similar situations, the Supreme Court pointed out yesterday, questioning the need for bifurcation of the border state in August 2019. 

Chief Justice of India DY Chandrachud also questioned how to ensure that the power to bifurcate a state will not be "misused" once it is conceded to the Central government -- a point that led to a discussion on why the question of bifurcation could not have been settled by parliament.

During Day 12 of the hearing of a bunch of petitions challenging the scrapping of Article 370, the Centre had argued that Jammu and Kashmir was one of a kind.

"If Gujarat or Madhya Pradesh were to be bifurcated, then parameters would be different," said Solicitor General Tushar Mehta.

Justice SK Kaul, who was part of the five-judge constitutional bench led by Justice Chandrachud, pointed out that the country has many states with borders.

When Mr Mehta responded that all the neighbouring countries are "not friendly" and there is a need to mainstream Jammu and Kashmir in view of its history and current situation -- "stone pelting, strikes, deaths and terror attacks" -- the Chief Justice weighed in.

"Once you concede that power to the Union in relation to every Indian state, how do you ensure that the kind of abuse they apprehended -- this power will not be misused?" he said.

"It is not one of a kind situation," added Justice Kaul. "We have seen the northern border Punjab -- very difficult times. Similarly, some states in the northeast... Tomorrow if there is a scenario that each of these states face this problem...," he added.

"Does parliament have the power to convert an existing Indian state into a Union Territory?" questioned Chief Justice Chandrachud.

The court also said that even if the role of the Constituent Assembly only had a recommendatory role regarding Article 370 -- which gave Jammu and Kashmir its special status - that does not mean it can be overridden by the President of India. In an earlier hearing, the court had said the government will have to justify procedure it adopted to scrap the Article 370, as it could not assume that "end justifies the means".

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
October 31,2024

Bengaluru: Karnataka Chief Minister Siddaramaiah on Thursday alleged that BJP was raking up the "Waqf issue" with an eye on the upcoming assembly by-polls in the state and elections in neighboring Maharashtra.

Following allegations by a section of farmers in certain parts of the state that their lands were marked as Waqf properties, he reiterated that none of them will be evicted, and notices issued to them will be withdrawn.

"BJP is doing politics. Notices were issued during their (BJP) tenure too, what do they have to say about it? During BJP's tenure over 200 notices were given. One should not practice such dual politics," Siddaramaiah said.

Speaking to reporters here, the CM said, "I have already said that the notices will be withdrawn, where is the issue? In case the notices are issued they will be withdrawn and no one will be evicted, where is the issue?" "Whichever district it is...They (BJP) had also given notices in several districts. Why did they give? Why are they doing such politics? In case notices were served by our government, they will be withdrawn and no farmers will not be evicted....the protest they have planned on November 4 is for politics keeping in mind by-polls in three segments and Maharashtra elections," he added.

A section of farmers from Vijayapura district have alleged that their lands were marked as Waqf properties, and similar allegations have surfaced from a few other places.

The BJP is planning a statewide agitation on November 4, demanding the resignation of Minority Welfare and Waqf Minister B Z Zameer Ahamed Khan, and against the Congress government over the issue.

Accusing the BJP of only doing politics and and not speaking the truth, Siddaramaiah said, "they only speak lies, they make issue out of non issue. Is there any issue in MUDA (site allotment case, in which he is accused and facing probe)? They wanted to make a non issue, an issue." Channapatna, Shiggaon and Sandur Assembly segments will go for by-polls on November 13.

The CM said he will go for campaigning in three assembly segments that will go for bypolls, from November 4 to 11.

He expressed confidence about Congress winning all the three segments.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
October 28,2024

Bengaluru: The Enforcement Directorate on Monday undertook fresh searches in connection with the Mysuru Urban Development Authority (MUDA) linked money laundering case in which it has booked Karnataka Chief Minister Siddaramaiah, official sources said.

About seven-eight premises in Bengaluru and Mysuru are being covered, the sources said.

The federal agency had conducted the first round of raids in this case on October 18 when it searched the MUDA office in Mysuru and some other locations.

It also questioned some lower-rank officials of the MUDA at its Bengaluru zonal office last week.

The ED has filed a enforcement case information report (ECIR) under the Prevention of Money Laundering Act (PMLA) to book the CM and others taking cognisance of a Lokayukta FIR.

Siddaramaiah is facing Lokayukta and ED probes into alleged irregularities in the allotment of 14 sites to his wife by the MUDA.

Siddaramaiah's wife Parvathi B M, brother-in-law Mallikarjuna Swamy, Devaraju -- from whom Mallikarjuna Swamy purchased land and gifted it to Parvathi -- and others are named as other accused in the case by the two probe agencies.

Parvathi was recently questioned by the Lokayukta.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
October 21,2024

khalistan.jpg

Khalistani terrorist Gurpatwant Singh Pannun on Monday warned passengers not to fly on Air India flights from November 1 to 19. He asserted that an attack could take place on an Air India flight during the specified dates, which coincide with the "40th anniversary of the Sikh genocide".

The founder of Sikhs for Justice (SFJ), who holds dual citizenship in Canada and the US, had issued a similar threat around the same time last year.

Pannun's fresh threat comes amid several airlines in India receiving multiple threat calls about potential bombings, all of which turned out to be hoaxes. It also occurred at a time when India and Canada are engaged in a murky diplomatic row following Canada's allegations of India targeting Khalistani elements in the country, including the murder of another terrorist, Hardeep Singh Nijjar.

In November 2023, Pannun released a video claiming that Delhi's Indira Gandhi International Airport would be renamed and would remain closed on November 19, warning people against flying on Air India that day. The National Investigation Agency charged him with criminal conspiracy, promoting enmity between different groups on the grounds of religion, and various offences under the Unlawful Activities (Prevention) Act (UAPA).

In December last year, Pannun threatened to attack the Parliament on or before December 13, following reports of an alleged foiled plot to kill him. December 13 marks the anniversary of the terrorist attack on the Parliament in 2001.

He also threatened to kill Punjab Chief Minister Bhagwant Mann and Director General of State Police Gaurav Yadav on Republic Day this year. He also urged gangsters to unite and launch an attack on Mann on January 26.

Pannun has been designated a terrorist by the Ministry of Home Affairs since July 2020 on charges of sedition and secessionism, as he leads SFJ, a group advocating for a separate sovereign Sikh state. A year prior to this, India banned SFJ as an "unlawful association" for engaging in "anti-national and subversive" activities.

In another development, on October 17, the United States charged a former officer of India's spy agency Research and Analysis Wing (RAW) for allegedly directing a foiled plot to murder Pannun, a charge New Delhi has rejected as baseless allegations.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.