Jammu and Kashmir tense ahead of SC hearing on Article 35A

Complete shutdown in Kashmir Valley to defend Article 35A; Amarnath yatra suspended

August 05, 2018 11:41 pm | Updated December 01, 2021 06:51 am IST - Srinagar

Jehangir Chowk in Srinagar is deserted on Sunday as the shutdown called by separatists affected life in the Kashmir Valley.

Jehangir Chowk in Srinagar is deserted on Sunday as the shutdown called by separatists affected life in the Kashmir Valley.

Unease and growing anxiety was palpable in Jammu and Kashmir on Sunday, a day ahead of the Supreme Court hearing on whether a Constitution Bench should go into the question of Article 35A, which empowers the State legislature to define “permanent residents” and provide special rights and privileges to them.

A complete shutdown was observed in the Valley on the call of the separatist Joint Resistance Leadership, comprising Syed Ali Geelani, Mirwaiz Umar Farooq and Yasin Malik.

There was very thin traffic on the roads. Most people stayed indoors. However, there were no reports of any violence. The authorities suspended the Amarnath yatra. All intra-State train services were halted. Extra deployments were made in all volatile areas.

Protests in Jammu

Protests were also held in the Jammu region’s Chenab Valley and Pir Panjal Valley, where residents called for retention of the Article.

In Srinagar, several bodies of traders and transporters, including the Kashmir Traders and Manufacturers Federation (KTMF), the Kashmir Economic Alliance and the Federation of Chambers of Industries-Kashmir (FCIK), held a sit-in at Lal Chowk.

 

“We want to defend Article 35A. Any dilution is unacceptable. In fact, New Delhi should be talking on the larger political issue of Kashmir to resolve it and not tamper with the constitutional position,” said KTMF president Muhammad Yasin Khan.

He urged Prime Minister Narendra Modi “to handle the case delicately.”

In a joint statement, Mr. Geelani, the Mirwaiz and Mr. Malik said the shutdown “was the unequivocal and unanimous verdict of the people.”

“Any attack on the identity and distinctiveness of J&K under Article 35A will be rejected,” said the spokesman.

The Hurriyat has also called for a shutdown on Monday. The authorities placed most separatist leaders, including Mr. Geelani and the Mirwaiz, under house arrest. However, the JKLF chief went into hiding.

 

Meanwhile, four intervention applications by a lawyers’ body, a civil society group, National Conference (NC) and CPI(M) have been filed ahead of the hearing.

The State administration has submitted to the SC to defer the hearing “in the wake of preparations being made for upcoming panchayat and municipal polls in J&K and its fallout on the law and order situation.”

Sources said Governor N.N. Vohra, in a letter last month, also conveyed to the Centre the ground situation and warned against any move to scrap the Article.

Counter affidavit

Peoples Democratic Party (PDP) spokesman Rafi Mir said former Chief Minister Mehbooba Mufti had directed the State’s law department to file a second counter affidavit before the court. “After the fall of the government on June 19, the filing of the affidavit was the constitutional responsibility of the Governor. Top lawyers of the country were engaged back then, to defend the State’s special status,” said Mr. Mir.

Both the Centre and the State government have not filed any counter affidavit before the SC.

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