KOTTAYAM l TUESDAY l AUGUST 06, 2019 l `7.00 l PAGES 16 l CITY EDITION HAS ARTICLE 370 BEEN SCRAPPED? Jammu & Kashmir Ladakh B U T S P E C I A L S TAT U S T O J & K R E M O V E D No. It can be abrogated only through a constitutional amendment and with the approval of the J&K Constituent Assembly that ceased to exist in 1956 On Monday, the government did not propose to scrap Article 370 as a whole but scrapped all provisions that give special status to J&K The only clause of Article 370 that was not on the chopping block was Clause (1) on the basis of which the Centre issued the Presidential order, which paved the way for tabling of the resolution to abrogate all but Clause (1) of Article 370 WHY ADD PROVISIONS TO ARTICLE 367? Article 367 gives guidelines on how the Constitution should be interpreted. With Monday’s presidential order, the Centre declared the Governor of J&K to be equivalent of the state's Sadar-e-Riyasat (PM) and the J&K's Constituent Assembly equivalent to Legislative Assembly. This helped the Centre scrap the provisions in Article 370 Article 35(A) came into force in 1954 through a presidential order. With the current order, it has been superseded IT’S PATEL 2.0 CHENNAI ■ MADURAI ■ VIJAYAWADA ■ BENGALURU ■ KOCHI ■ HYDERABAD ■ VISAKHAPATNAM ■ COIMBATORE ■ KOZHIKODE ■ THIRUVANANTHAPURAM ■ BELAGAVI ■ BHUBANESWAR ■ SHIVAMOGGA ■ MANGALURU ■ TIRUPATI ■ TIRUCHY ■ TIRUNELVELI ■ SAMBALPUR ■ HUBBALLI ■ DHARMAPURI ■ KOTTAYAM ■ KANNUR ■ VILLUPURAM ■ KOLLAM ■ WARANGAL ■ TADEPALLIGUDEM ■ NAGAPATTINAM ■ THRISSUR ■ KALABURAGI BOLD ATTEMPT TO CHANGE THE KASHMIR STORY B y any yardstick, Monday’s move by the Narendra Modi government annulling special status to Jammu and Kashmir was one of the biggest and boldest in post-Independence India and equally crucial from a geo-political perspective. On the face of it, it needs to be welcomed on more than one ground though the implications will be known only as time rolls on and the fallout would largely depend on what the Indian government does to genuinely integrate Kashmiris with the rest of the Union, an objective that it says could not be achieved owing to the special privileges accorded under Article 370. Legally the majority view among experts seems to be , that the government stands on a firm footing. Article 370, which permitted J&K to have its own Constitution, essentially flows from the Instrument of Accession, and those privy to the happenings then had said it was meant to mollify Sheikh Abdullah when he tried to declare independence. In the written text, however, it was deemed to be temporary and transitional in nature. A series of Presidential orders flowed ever since, the most important being Article 35(A) in May 1954. As ratified by the then Constituent Assembly, customs duties were removed and the jurisdiction of the Supreme Court extended to Kashmir even as the state retained the power to restrict employment and purchase of immovable property to only permanent residents. The genesis of the current debate, however, has its roots in 1956 when the Constituent Assembly of J&K dissolved itself without taking a decision on 370. It gave scope to interpret it as deemed permanent though classified temporary in nature. As stated in the editorial of this newspaper on May 17, 1954, two days after Article 35(A) came into force, amendments to certain Articles of the Constitution follow from the definitive accession of Kashmir to India, and that it is complete and irrevocable. Once this argument is settled, the question that remains is whether the special provisions did any good to the state or not. The ruling government’s view, as enunciated in the party’s manifesto time and again, has been that it did more harm than good and also precluded efforts to make the state part of the Indian Union in its letter and spirit. The opposite argument has been that the Centre has, over the years, done little to make people of Kashmir believe that the country cares for them. From a political standpoint, there could not have been a more opportune time on the domestic front for the Modi government to go ahead with a legacy-shaking law given that the Opposition is ineffectual and in complete disarray even as a large section of the Indian population is in a mood to welcome the change. On the international front, though, there could be challenges and it is possible that it could be dragged to the Security Council. The manner in which the Centre went about executing its plan — placing former chief ministers under house arrest and virtually cutting off Kashmir from the rest of the world has also come under flak though New Delhi justified it on the grounds that it could not have dealt with the issue in any other manner given the security implications. Separating Ladakh, the source of infiltration, from Jammu and Kashmir and making it a Union Territory also seems to be part of the overall plan to ensure that Delhi has a firm handle on the security front. Having triumphed politically, the challenges are twofold now: first and foremost is dealing with a possible violent disobedience, aided and abetted from outside. Second is to win the hearts and minds of people of Kashmir in every possible manner by protecting their Kashmiriyat identity and also jobs and market. We hope the Indian government will work earnestly and quickly in that direction because that alone can offer a lasting solution. INSIDE CORE AGENDA OF BJP AND RSS ON TRACK I P7 HISTORIC DAY FOR KASHMIR & INDIA I P8 ‘Fr Kottoor, Sr Sephy killed nun Abhaya’ MARCH 27, 1992 T’Puram: The CBI court said in its chargesheet there is sufficient ground to presume that Fr Thomas Kottoor and Sr Sephy had killed Sr Abhaya Sr Abhaya saw Fr Kottoor and Sr Sephy in a compromising position that night, following which she was hacked with an axe and thrown into a well August 14, 2019: Trial to begin in the case ● Second accused Fr Jose Poothrikkayil was discharged, citing the prosecution had failed to present sufficient material to proceed against him ● Former Crime Branch SP K T Michael was added in the list of accused by the CBI court last year allegedly for destroying evidence The nun died at the age of 18 at St Pius Convent in Kottayam By lifting the special status accorded to J&K, Modi completes Sardar Patel’s unfinished agenda of national integration, scripts history; state bifurcated MANISH ANAND & RICHA S H A R M A @ New Delhi TURNING the Jammu & Kashmir narrative on its head, the Narendra Modi government on Monday took away the special status accorded to the state which it saw was the root cause of terrorism. Rescinding the provisions of Article 370 will also mark end of seven decades of aloofness of the state from rest of the country after the Lok Sabha also passes the resolution on Tuesday, said Union Minister for Home Affairs Amit Shah. With this, all laws in the country would come in force in Jammu & Kashmir. Days of speculations fanning out on the back of unprecedented security mobilization in the Kashmir valley Union Cabinet , met Monday morning at 7, Lok Kalyan Marg residence of the Prime Minister to approve Parliamentary resolution to adopt Presidential order on Article 370, besides moving state reorganisation bill to carve out Union territories for J&K with an Assembly and Ladakh without a legislature. The Cabinet meeting was preceded by two key meetings - Union Minister for Law and Justice Ravi Shankar Prasad briefing Shah on legal aspects and Shah in a huddle with Modi for about an hour. With the script in place, Union Ministers Rajnath Singh, S Jaishankar and Nirmala Sitharaman were called for a brief meeting of the Cabinet Committee on Security (CCS). With actions moving to the Rajya Sabha, Shah stood amid ruckus to spell out finer points of the “big move”, which invited instant emotional outbursts from leader of the Opposition Ghulam Nabi Azad. With realisation dawning upon the Opposition of unprecedented actions by the gover nment, non-NDA parties settled in take part in quick discussions (allotted four hours), with the likes of BSP, TDP, YSR Congress, BJD, AAP supporting the move. BJP MP Swapan Dasgupta, sources said, was instructed to seek clarifications from Shah on the Constitutional validity and longevity of the UT for J&K. Shah in his reply after seven hours of discussions clarified: “There’s absolutely no question on Constitutional validity of resolution abrogating Article 370. The government will consider restoring statehood to J&K, but that would be incumbent upon total WHAT IT MEANS l Special status goes; J&K will no longer have its own constitution l Centre does not need state legislature’s approval for introducing policies or constitutional powers to the state l J&K will no longer have its own flag l Permanent residency of Kashmiris abolished. In other words, non-Kashmiris can now own property in Jammu and Kashmir l Non-Kashmiris can get government jobs in J&K l Ranbir Penal Code will be scrapped; Indian Penal Code will apply l 106 Central laws will be applicable in J&K l The Centre, through the Governor, will have final say on all matters purge of militancy .” Former Home Minister and senior Congress leader P Chidambaram made a forceful and coherent intervention during the discussion, calling the gov- Sleuths expect temporary spike in Valley violence M AYA N K S I N G H , S A N A S H A K I L @ New Delhi SECURITY forces and intelligence agencies fear a spike in violence following abrogation of provisions of Article 370 that accord special status to J&K. “There will not be an immediate reaction to the situation, but violence and terrorist activities will rise in the coming days. Eventually the attempts will decline,” said a senior Army officer. Intelligence reports suggest terror groups may use suicide bombing and IEDs to cause maximum damage. “Militants will make desperate attempts for some time and will attempt to lure the youth with their propaganda. But security forces are prepared to tackle the situation,” said a senior security official. Union Home Secretary Rajiv Gauba is likely to visit J&K to take stock of the security situation. Ajai Sahni of the Institute of Conflict Management, an expert on counter-terror, said there would not be any implo- sion of militancy. “There is every chance there will be a reaction but it cannot be sustained. The militant groups do not have the required power to launch sustained attacks. There will be incidents though, but India has been effectively tackling militant groups so far, and they will do the same in the future,” he added. The Forces are also prepared for an increase in Pakistani regular troops on the LoC. “Pakistan is expected to shift its troops from their Afghanistan border towards the Indian side,” said an Army officer. The Indian Army has not brought in any extra troops, but it will be on standby to support about 45,000 extra paramilitary forces brought to Kashmir. “We will conduct only anti-terror operations,” Army sources said. The government, having anticipated turmoil in the Valley , had imposed Section 144 of the CrPC in parts of J&K, including Srinagar as a precautionary measure. Mobile, internet and landline services were suspended from Sunday night. ernment actions a “monumental blunder”. “You repeal Article 370, 35-A, but don’t commit cardinal sin and monumental blunder by dismembering the state. You have made a legal error and you will discover that in due time,” he said. Shah singled out Chidambaram in his combative defence of the big moves, while squarely blaming Article 370 for all the ills - militancy political monop, oly, corruption, unemployment. “Right to education is not applicable in J&K. Hospital infrastructure couldn’t come up due to Article 370. Despite much higher per capita fund flow in the state, there’s no development in the state.” The Rajya Sabha adopted the reorganisation bill with 125 ayes and 61 noes, with the Congress, DMK, Trinamool and Left opposing, and JD(U) staging a walk out. Emotions ran high in the Rajya Sabha as the House passed the Jammu and Kashmir reorgnisation Act with PDP members tearing off the copy of Constitution copy as well as their clothes, MPs being marshalled out and some members even getting involved in minor scuffles. A few minutes before the How Amit Shah pulled it off with surgical precision Home Minister @AmitShah Ji’s speech in Rajya Sabha was insightful. It highlighted the monumental injustices of the past and coherently presented our vision for the sisters and brothers of J&K Today marks the darkest day in Indian democracy. Decision of J&K leadership to reject 2-nation theory in 1947 has backfired. ... They want to change demography of the only Muslim majority state Narendra Modi, Prime Minister Mehbooba Mufti, former J&K CM We support the govt on its decisions. We hope this brings peace and development in J&K The decisions are unilateral & unconstitutional. This is an aggression against people of the state Arvind Kejriwal, Delhi CM Omar Abdullah, former J&K CM M A N I S H A N A N D @ New Delhi BEFORE taking over as Home Minister on June 1, Amit Shah had briefly stopped to take a look at the portrait of Sardar Vallabhbhai Patel. In a little over two months, he delivered the message loud and clear that he means business, presiding over historic moves to ‘mainstream’ J&K positioning himself as the ‘iron man’ in the Narendra Modi dispensation. Shah was strict right from Day 1. Nobody could abstain from his meetings, not even National Security Advisor Ajit Doval. With clear brief from the PM, Shah slipped into the job of minute detailing before going for the kill on Monday . That he would adopt a radically different approach on J&K was revealed to a few journalists who met him last month. “Do you expect me to follow a policy that has not yielded any results for the past 70 years?” he had said during the interaction. Of all state governors, Shah chose to meet J&K’s Satyapal Sriram suspended, 60 hrs after knocking journo down He was drunk, says Wafa about the IAS officer T’Puram: Wafa Firoze, who was with Sriram in the car, testified in her secret statement to the magistrate that the officer was drunk and speeding when the accident occurred. P5 5-member medical board to asses officer’s health T’Puram: A five-member medical board has been formed by the Medical College Hospital, Thiruvananthapuram, for assessing Sriram Venkataraman’s health condition. P5 Magistrate Court, Thiruvanan- cism mainly from the media, thapuram. No other reason has cost Museum Crime Sub-InspecIAS officer Sriram Venkatara- been mentioned in the tor Jayaprakash dear as he man, who fatally knocked down order. was suspended from service pending inquiry for journalist K M Basheer with a The chemical examidereliction of duty . car allegedly under the influence n a t i o n r e p o r t o f Meanwhile, state poof alcohol in the capital city on Sriram’s blood sample lice chief Loknath BeFriday night, was suspended submitted to the police hera has constituted a spefrom service, 60 hours after the said there was no trace of Sriram cial investigation team alcohol. It was expected accident. Venkataraman under ADGP Sheikh The suspension order was is- as the police had wasted sued on the basis of a letter giv- crucial hours and did the Darvesh Sahib to invesen by the Museum Station House blood test nine hours after the tigate the incident and asked it Officer and his judicial custody accident. The lapse, which had to submit the report soon. The ordered by the Chief Judicial earned the police severe criti- team will also probe the alleged police lapses. The bail application filed by When we reached near Cafe Coffee Day shop, Sriram volunteered to drive the car. He asked: Do you want me to drive? I said: If you want to Sriram was postponed to Tuesdrive you can — Wafa Firoze day . P5 E X P R E S S N E W S S E R V I C E @T’Puram House met at 11 am, the Home Minister walked to his front row seat with thumping from treasury benches signalling something big was in store. Soon, Shah introduced resolution to make provision of Article 370 ineffective and a bill bifurcating Jammu and Kashmir and Ladakh as separate union territories. The lobbies for media and Lok Sabha MPs saw full house. According to Rajya Sabha staff, around 250 Lok Sabha MPs came to see proceedings of the upper House, which was unprecedented. Prime Minister Narendra Modi was also in attendance when Shah spoke before the Bill was passed. Everything seems to be done so hurriedly that there were not enough copies of the Bill that could be printed in time to be circulated to MPs. “We did not have enough copies initially to give to MPs together as we were not informed in advance,” said a staff from Rajya Sabha secretariat. Two PDP MPs holding placards came into the well of the house shouting slogans. They were joined by MPs from other opposition parties who sat in the well of the house protesting Centre’s move. Malik first. Sources said Malik came out “mighty pleased” with instructions apparently given to him to “talk loud to divert attention”. Sources said Shah remained focused on the Kashmir agenda mobilising numbers in the Rajya Sabha by ensnaring MPs from vulnerable outfits. Passage of the triple talaq bill gave the confidence to Shah time had come to go big on J&K. “Shah sized up security apparatus in the Valley during his maiden visit. With details of the J&K Bank scam available at his disposal, he knew the vulnerability of the National Conference and the Peoples Democratic Party leadership. His assessment of Panchayat elections and leaders made him believe the current political leadership of J&K is left with little popular endorsement and time to give effect to larger plan had arrived,” said a senior BJP functionary . “Watch out for the next six months. He (Shah) will solve the Kashmir problem entirely ,” said a close aide of Shah. EXPRESS READ IMD forecasts heavy rain for next 4 days T’Puram: Monsoon is set to revive in the state after a brief hiatus. The weather models issued by the IMD have forecast very heavy to extremely heavy rain in many districts in the state in the next four days. P4 PSC removes SFI leaders from ranklist T’Puram: Stabbing-case accused Shivarenjith and Nizam along with SFI leader Pranav were removed from the PSC police constable ranklist and were barred for life from writing PSC examinations. P5
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