A case has been filed in a Bihar court against former Jammu and Kashmir chief ministers Farooq Abdullah and Mehbooba Mufti after their recent comments that revoking Article 370 and 35A will lead to Jammu ANd Kashmir’s separation from India.
According to reports, Advocate Rajesh Chandra Sharma has filed the complaint on Tuesday before Muzaffarpur Chief Judicial Magistrate court against the chiefs of National Conference and Peoples Democratic Party under IPC Sections 124A (sedition) and IPC Section 34 (common intent for a criminal act).
In his petition, Advocate Sharma has said that he felt hurt by the statements of Abdullah and Mufti and alleged that their remarks could fan unrest and mutiny in the country.
Mehbooba Mufti, the former Chief Minister of Jammu and Kashmir had made this controversial remark after she was apparently rattled by BJP’s commitment towards abrogating Article 35A and Article 370. She had said that if Article 370 is scrapped, India will have to re-negotiate its relationship with the state. She had further tried to incite the people by threatening that if BJP repeals Articles 35A and 370, the whole country will burn along with J&K.
Similarly, former Jammu and Kashmir Chief Minister Farooq Abdullah had ranted that if BJP ever abrogates Article 370 and Article 35A, the state’s accession to India will end. “They will bring outsiders to settle in Kashmir, they want to do away with Article 370. I swear by Allah, even Allah wants us to see us liberated from them. I will see how India’s flag is hoisted here,” Abdullah said.
Article 35A and Article 370 are two controversial provisions present in the constitution, providing certain benefits to the people residing in the state. The two provisions Article 35A and 370 are very much against the idea of equality that has been promised under the Article 14 of the constitution as these two controversial provisions bars people outside the state to exert their rights in the state of Jammu and Kashmir. Since fundamental Rights enjoys precedence over ordinary rights under the Indian Constitution, both Article 35A and 370 are subservient to Article 14, thus making both provisions null and void.
Article 35A is a provision inserted into the Indian Constitution in 1954 by the then Prime Minister Nehru, which provides the Jammu and Kashmir legislature to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. It also prevents residents of other Indian states from owning property there.