SRINAGAR: As per the inputs provided by the Intelligence agencies, there is a warning that there is a high possibility of a “revolt” in the police ranks and massive unrest in the state of Jammu and Kashmir if the Supreme Court passes an “adverse” order on Article 35A of the Constitution on Monday, sources have told News Agencies.
The Apex court will hear a petition challenging the constitutional validity of the presidential order of the year 1954, which defines “permanent residents of Jammu and Kashmir”, and bars non-locals from buying and owning land in the state.
The Jammu and Kashmir police are fighting on the forefront against terrorists, pro-separatists protests and stone-throwing in the valley. Not less than 1,600 police personnel have been killed fighting terrorists since 1990. But over the issue, top officers are now worried about the fallout in case the Supreme Court decides to strike down Article 35A.
A non-government organization or NGO, supported by right wing groups, has challenged Article 35A, on grounds that it completely violates fundamental rights of citizens of India which includes the right to own property and the right to reside and settle in any part of the country.
The petitioner contended that the right to amend Constitution of India lies only with the parliament, and Article 35A was completely outside the jurisdiction of President of India. The provision in the Constitution was applied to supersede Jammu and Kashmir’s State Subject Law enacted by the then Maharaja Hari Singh in 1927.
Intelligence agencies have already written to the state government, warning a severe revolt in the police ranks if Article 35A is changed, sources said. State government employees, trade unions, business associations, civil society groups and lawyers have threatened to go on a full-fledged protest if the special constitutional position of the state was compromised. For the last one week, there have been a number of protests as clamour is growing to retain Article 35A.
Sensing the ongoing trouble, the state government headed by Governor NN Vohra has already requested the Supreme Court to delay the case till local body and panchayat elections due in October. Last year, the Supreme Court deferred hearing of the case after the centre said that the government has managed to appoint appoint an interlocutor to hold negotiations with various stakeholders in the state.
Shesh Paul Vaid, Director General of Police, admitted that the local police had an idea about this emotive issue. He hoped that the state government’s request for delaying the hearing would be easily accepted by the court. The officer exuded confidence that there would be no revolt at all in the police, as it was the duty that came first for the police force.
“Police officers have a view. I am a resident of Jammu and Kashmir and I am also police officer; I have my own views. But what’s my duty, I will always do first,” Mr Vaid told News agencies.
“The state government has requested for deferment and I am sure something positive will come,” he added.
Mr Vaid said the state police were working under most tumultuous situation and had been a very disciplined force. “I don’t see any possibility [of revolt]. The order of the Supreme Court is respected by all parties and everyone in the country,” he said.
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