In yet another darting petition targeting J&K’s autonomy, a former Indian Army officer charged for acts of terrorism by Maharashtra Police in 2008 has challenged the Constitution of J&K in the Supreme Court of India.
Ramesh Upadhyay, a former Major in the Indian Army was charged by Anti-Terrorism Squad (ATS) of Maharashtra for involvement in the 2008 Malegaon blasts that had left six dead and 100 wounded.
On August 22, Upadhyay and four others petitioned the Supreme Court of India to challenge the validity of the J&K Constitution.
“We have challenged the constitution because people of other states like Nagaland, Bihar would also come up with demand for having separate constitution if it exists,” Upadhyay told Greater Kashmir over phone, claiming the state’s Constitution was illegal.
Jammu & Kashmir is the only state which has its own constitution, adopted on 17 November 1956 which came into effect on 26 January 1957.
“I have nothing against the people of J&K. They are very nationalistic and patriotic,” claimed Upadhyay, who is out on bail in the Malegaon terrorism case.
The former army officer was arrested by the ATS for his involvement in twin blasts in Malegaon, a communally sensitive area in Nasik district of Maharashtra.
After completing its investigation in the high-profile case, the ATS presented a chargesheet against Upadhyay and others including SadhviPragya Thakur and Lt. Colonel Purohit.
In 2016, the National Investigation Agency, in its supplementary charge-sheet, upheld the charges against Upadhyay, though it dropped charges against some of the other accused.
The probe by investigating agencies indicted Upadhyay, relying upon an intercepted conversation between him and Lt Purohit, claiming their “post conduct” showed guilt and active participation in the crime.
In the petition challenging the J&K Constitution, Upadhyay is introduced as general secretary of Akhil Bharat Hindu Mahasabha.
“He served Indian Army for 22 years. He took premature retirement (in) 1998. He was general manager of a hospital and chief administrator of three medical colleges at Pune,” the petition reads, claiming Upadhyay was implicated in the Malegaon bombing case for “political reasons.”
Upadhyay had also contested the Uttar Pradesh assembly polls in 2012 from Bairia constituency on ticket of Akhil Bharat Hindu Mahasabha. He got just 618 votes.
The petition has been filed at a time when the Supreme Court is already hearing a bunch of petitions challenging the Article 35A and Article 370 of the Indian constitution.
The new petition challenges the constitution on the grounds that “it runs counter to the provisions of the Constitution of India”.
The petitioners also state that a constitutional provision allowing J&K to have a separate flag is a serious threat to sovereignty and integrity of India.
“Section 144 of the State of Jammu and Kashmir provides for having a separate flag from the National triangular coloured flag. This provision is a serious threat to the sovereignty and integrity of the country, the petition reads.
“The State cannot be allowed to have their separate flag.”