Omar, Mehbooba slam Centre’s affidavit on Article 370

The Union government’s defence lacks logic, says PDP chief Mehbooba Mufti

Published - July 11, 2023 01:35 am IST - SRINAGAR

“The Centre’s defence lacks logic to back its decision of the illegal and unconstitutional abrogation of Article 370. Brute majority was used to subvert the Indian Constitution that extended guarantees to the people of J&K and GOI (Government of India) also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India,” Ms. Mufti said. File

“The Centre’s defence lacks logic to back its decision of the illegal and unconstitutional abrogation of Article 370. Brute majority was used to subvert the Indian Constitution that extended guarantees to the people of J&K and GOI (Government of India) also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India,” Ms. Mufti said. File | Photo Credit: PTI

Former Jammu and Kashmir Chief Ministers, Mehbooba Mufti and Omar Abdullah, on Monday reacted sharply to the arguments filed by the Centre to the Supreme Court (SC) in defence of the abrogation of Article 370 in 2019, just a day ahead of hearing of the petitions challenging the move.

“The Centre’s defence lacks logic to back its decision of the illegal and unconstitutional abrogation of Article 370. Brute majority was used to subvert the Indian Constitution that extended guarantees to the people of J&K and GOI (Government of India) also violated earlier rulings of Hon’ble SC which held that only J&K’s constituent assembly could recommend the removal of Article 370 to the President of India. Drum beating about an enforced silence and so-called grassroots democracy can’t be used to justify constitutional harakiri,” Peoples Democratic Party (PDP) president Ms. Mufti tweeted.

Also Read | Abrogation of Article 370 led to unprecedented era of peace, prosperity in Jammu and Kashmir, Centre tells Supreme Court

The Centre, in its affidavit filed to the court, highlighted the changes in Jammu and Kashmir, which include “unprecedented stability and progress, normalcy, end of strikes, stone pelting and school closures. It also underlined the introduction of the three-tier panchayat system, application of Central laws like Right to Education and dismantling of the terror ecosystem in its defence.

“These are definitely political arguments the BJP/Union government can make to sell their decision to the voter but they are not legal arguments. The entire case in the court is about the illegality and unconstitutionality of what was done on August 5, 2019, not whether the government has a strong enough political case,” National Conference vice-president Mr. Abdullah said.

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