No court can change JK residency law: Mirwaz

Published at August 11, 2018 01:50 AM 0Comment(s)2508views

‘Our existence under threat; mainstream parties gave up special powers of State for power’

No court can change JK residency law: Mirwaz

Yawar Hussain

Srinagar, Aug 10:

Hurriyat Conference (M) chairman, Mirwaiz Umar Farooq Friday said the lust for power of mainstream political parties has brought things to such a pass where very existence of Kashmiri people is under grave threat and asserted that no court had the jurisdiction to change the residency law of J&K due to UN Security Council resolutions.
“No court has the jurisdiction to tamper with the 1927 hereditary state subject laws of J&K because UN resolutions clearly state that Kashmir is a disputed territory and citizens of J&K are to decide their final dispensation by exercising the right to self-determination,” Mirwaiz said while addressing Friday congregation prayers at Jamia Masjid, here.
He said the state subject law is not a gift of the Indian constitution to J&K as it was passed in 1927, when the union of India and its constitution were yet to come into existence.
“The first Prime Minister of India Jawaharlal Nehru in the Indian Parliament has reiterated that future of J&K will be decided by its people and the very accession to India is temporary,” Mirwaiz said.
He said neither any Indian court nor Indian Parliament can change the State’s residency law till resolution of the dispute.
The Hurriyat (M) chairman said the motive behind the move to tamper with the stage subject law (Article 35A) was to bring non-state subjects gradually to the state and settle them illegally here like Israel did in Palestine.
“20 years after changing demography of the State, India will ask United Nations to hold a plebiscite in the state as till that period the outsiders would have outnumbered us. Every Kashmiri needs to keep these things in mind,” he said.
Mirwaiz said tampering with state subject law by any court won’t be tolerated at any moment. “The answer to these people with nefarious and clandestine designs was given by people of J&K on August 5 and 6 when the state observed complete shutdown in support of the residency law”.
He said Joint Resistance Leadership was holding deliberations with various stakeholders and a protest calendar would be put forth in public domain soon.
The successive governments in India, he said, since 1947 steadily violated conditions of the temporal accession it had agreed upon.
“The sad part is that pro-India leaders and parties, who had negotiated those conditions with GoI, were unable to either safeguard these conditions or compel GoI to uphold them. Instead, on the contrary, the mainstream parties for their weakness of chair became willing tools in the systemic violation of these conditions over past 70 years,” Mirwaiz said.
According to him, the mainstream parties gave up the special powers of the State for power.
“They are still craving for that dirty chair,” he said adding the chair of Jammu Kashmir Chief Minister is powerless as the real power rests with New Delhi.
Alleging that mainstream leaders are ‘slaves of New Delhi’, he said Kashmiri people are bearing the brunt of the mistakes of these pro-Indian leaders.
Mirwaiz asserted that no stone would be left unturned to fight the overt and covert attempts to change the demography of the state by scraping the state subject law.
“Our sacrifices are our treasure and we won’t let them go waste. People should follow the protest programme as they followed it last week,” he said.






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