SRINAGAR: Senior CPI (M) leader Mohammad Yousuf Tarigami on Thursday said that the former state of Jammu and Kashmir did not receive justice after the court upheld the Article 370 abrogation ruling.
“I am an independent thinker and I strongly believe that justice was not served. As a result, we are still debating possibilities with the petitioners and stakeholders to obtain justice. We may even file an appeal with the Supreme Court of India, arguing that we should currently revisit the ruling that they just made a few weeks ago. We are currently in consultation and might try to prepare some applications and file an appeal with the Indian Supreme Court shortly,” Tarigami said.
Tarigami said that misleading narratives are persistently being propagated to make the people of Jammu and Kashmir realise about the benefits of the abrogation of the special constitutional position of Jammu and Kashmir.
Referring to the statement of LG Manoj Sinha that implementation of the Anand Marriage Act to Jammu and Kashmir became possible only because of the abrogation of article 370, Tarigami said that there has been a long list of amendments made to article 370, allowing the application of Central laws to Jammu and Kashmir.
“The passage of GST in 2017 by the Jammu and Kashmir Assembly was one such instance in recent times. There were 42 constitution (Application to J&K) orders extending the scope of central intervention which were not envisaged at the time of the adoption of Article 370,” he said.
Additionally, the extent of the misuse of Article 370 to encroach on the state’s power can be seen from one of the measures taken in July 1986. “The President issued an order under Article 370, extending Article 249 of the Constitution to the state. This empowered the Parliament to legislate on matters in the state list based on a resolution from the Rajya Sabha. Pertinently, it received approval from the centrally-appointed Governor, Jagmohan. Such overriding of the state list is unique to Jammu and Kashmir and doesn’t apply to other states,” Tarigami said.
