JK Assembly has no power to pass Guru resolution: MLA
Jammu, Sep 23: Arguing that Jammu and Kashmir Assembly does not have power to debate and pass a resolution seeking clemency for Parliament attack convict Afzal Guru, an MLA, suspended by the BJP, today asked the Speaker to drop such motion in the House.
"Any discussion on any such bill is outside the jurisdiction of the state legislature and shall be ultra vires the provisions of the Constitution of Jammu and Kashmir as well as Constitution of India," Chaman Lal Gupta said in a letter to Assembly Speaker Muhammad Akbar Lone.
This is beyond legislative competence of the state legislature, he said, arguing it is only the Union council of ministers that can advise the President on a clemency plea.
The Home Ministry had suggested Pratibha Patil to reject the clemency petition of Guru, sentenced to death for his alleged involvement in 2001 Parliament attack.
"J&K Legislative Assembly is a responsible body which passes acts, having powers of law... It is a responsible wing of the state and any motion by the Assembly over which it has no jurisdiction shall bring it in poor light," Gupta, who was BJP legislative party leader before being suspended for anti-party activities, said.
"This resolution, therefore, should not be discussed at all. I therefore request you to drop the said motion from the schedule of discussion," he contended.
Lastupdate on : Fri, 23 Sep 2011 21:30:00 Makkah time
Lastupdate on : Fri, 23 Sep 2011 18:30:00 GMT
Lastupdate on : Sat, 24 Sep 2011 00:00:00 IST
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