After the Supreme Court held that Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution and its own statute which is subordinate, Omar Abdullah on Sunday hit out at the PDP-led government saying its “weak” legal defence of state’s special status was “alarming” as it was allowing “step-by-step erosion” of Article 370.
Abdullah was reacting after the apex court held that provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) are within the legislative competence of Parliament and can be enforced in Jammu and Kashmir.
The court made this observation while describing as “wholly incorrect” the conclusion arrived at by the Jammu and Kashmir High Court that the State has “absolute sovereign power” to legislate laws touching the rights of its permanent residents regarding their immovable properties.
“The State of Jammu & Kashmir has no vestige of sovereignty outside the Constitution of India and its own Constitution, which is subordinate to the Constitution of India,” a Bench of Justices Kurian Joseph and RF Nariman said.
Asking the state government to come clean on the issue, Abdullah targeted the PDP, alleging that it seems it has decided to facilitate the “long-cherished desire” of its alliance partner BJP “to circumvent and subvert the Constitution of the state” and attributes of Article 370.
“The deliberate callousness shown by the state government indicated the tacit connivance of PDP in allowing the step-by-step erosion of Article 370 through a series of politically patronized cases and litigation.”
“The PDP-BJP Government should come clean on its stand on this vital issue that could have far reaching implications for the State,” the former Chief Minister said.
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