BJP MLC Adv. Ramesh Arora said that he fail to understand why in political life non issues are made issues at the cost of common masses without caring the outcome of the same. Previously, Omar Abdullah raised voice of ex-servicemen colony and thereafter migrant colony only to attract the public sentiments and tried to create issue out of no issue for the sake up petty vote bank and to appease few who support such things. Infact Kashmir issue is no issue but a creation of political leaders who want to keep pot boiling. Recent statements of Omar Abdullah and Farooq Abdullah are provocating and misleading the public. When both are aware that matter regarding Article 35A of the constitution of India is subjudice before Supreme Court of India. All parties and leaders should wait for the decision of Apex Court of the country. They have liberty to give their comment after the decision but it appears that they are in hurry to mislead the masses by uttering provocative remarks.
Ramesh Arora further said that court has to decide legality of the issue and being advocate, I am aware of the fact that order made by President of India and incorporating as Article 35A in 1954 by amending the constitution applicable to the state of J&K is illegal and against the spirit of the constitution because it is settled legal position that only amendment, modification or addition or alternation in the original constitution can be made by 2/3rd majority of both houses of the parliament. But still the matter is to be decided finally by Supreme Court.
The plea taken by the leaders that constituent assembly / state has given consent and that is why this article was incorporated as addition to article 35 and was added as 35A is not justifiable. Certain rights were left upon the government of the state with regard to state subject, permanent resident, land owner, reservation etc. but history shows equal status was not granted to the reserve categories as granted under the constitution of India or other laws made applicable from time to time. But due to restriction imposed under this provision Courts were debarred from questioning the discrimination if any made while exercising powers under Article 35A. Our state governments during NC and Congress regime have misused the special provision in view of ample power. This required deliberation and debate because we cannot discriminate any person on the basis of religion, region or otherwise.
Arora further said that our government will wait the outcome of judgement and thereafter both the parties if required will sit and discuss the matter. It is premature to make it issue being a matter pending before highest court of the country.
