Kashmir Centre for Social and Developmental Studies (KCSDS) today termed as "misleading" the Finance Minister Haseeb Drabu's statement on the recent Supreme Court ruling on Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act.
"Speaking from the podium of an insignificant calendar releasing ceremony, Drabu has attempted to trivialize a hugely significant issue by advising people not to worry as the SARFEASI Act, now upheld by Supreme court, restricts banks and other financial institutions to sell the immovable properties of people of this state only to permanent state subjects in the event of their taking over the properties of defaulting loanees to realize their debt," a spokesperson of KCSDS, in a statement today, said.
The spokesperson said, "KCSDS reminds Drabu, the chief architect of an unholy alliance between RSS and PDP, that people are aware of the fact that the Act contains the qualifier that mortgaged properties could be sold only to state subjects and hence that is not the issue for concern. The real issue here is that how could a central Act like SARFEASI be applied to J&K without the concurrence of the state legislature since the Act necessitated alienation of property rights of the state subjects which are governed and protected by the state's own constitution and laws read with article 35A of Indian constitution."
" The Supreme Court, by reversing the well reasoned judgment of the J&K High Court, in this regard has overstepped its brief by violating the essential principle that governs administrative relations between the centre and the state that any central Act of this nature has to have the concurrence of the state legislature and then only could it become law," the spokesperson said, adding that "Another disturbing point that the judgement makes is that the state constitution is subservient to the federal constitution of India which in a way destroys all the remnants of the state authority."
The spokesperson said, "the two constitutions move in different spheres and one does not impinge upon the other. One can't nullify the other. The collusion of one with the other will destroy the other. Hence this position is completely untenable. Otherwise, JK constitution would have long ceased to be. It is a political issue not to be decided or interpreted by the court."
"The state government must file a curative,review petition in the Supreme Court and employ a veteran lawyer to fight the case to retrieve the political authority of the state legislature and the right of its constitution to exist on its own not to be put aside by the Indian constitution. Otherwise, its connivance in degrading the state assembly's power and constitutional erosion will be confirmed."
The spokesperson said, "A senior journalist of the state has already exposed the details in this regard which are already in the public domain."
"Another grave issue is the filing of a writ petition in Delhi High court by an RSS activist to declare a Kashmir related proviso to article 368 of Indian Constitution, null and void which restricts the application of the provisions of the said Article to JK. It is using all available means like holding seminars, conferences, print and social media to garner support for its petition to influence the court decision. If it succeeds in its treacherous design, we will be completely disempowered through constitutional amendments. This too state government should fight vehemently in the court," the spokesman said.
"Another grave concern is the issuance of domicile certificates to WPRs as a stepping stone to granting them full citizenship rights as a concealed deception of changing the demographics of the state. We warn the state government that it must straight away stop this nefarious business straight or face the rising storm," the spokesperson said.
To deliberate on these issues, KCSDS organised a round table conference on 31st December in which intellectuals, concerned citizens from various streams, legal luminaries, students and journalists of the state participated.
"The conference concluded with a broad consensus that New-Delhi in complicity with the statement government has devised two new ways of constitutional activism and demographic change to address the Kashmir dispute to not only integrate JK fully in the Indian union but drastically change its Muslim majority character and thereby dismantle the rights' movement which seeks solution to the dispute in accord with the rights of the people of the state," he said.
"Let it be made clear to them that by such treacherous adventurism they will only dig their own grave as they can't survive the rising tide of storm whose waves will waft them away to disaster," the spokesperson said.
"KCSDS also sounds a note of caution to the people of state, particularly the educated class to remain aware and conscious of the tricks of vile conjurers and raise a voice at every available forum against the new found machinations of RSS,BJP fully aided and abetted by PDP. At the same time, it would like to warn PDP that no amount of sophistry can conceal their true character," it added.