NC on boycott after suspension of 2 MLAs, 2 MLCs for rest of autumn session

○ Mayhem in Assembly as Speaker disallows NC's motion for discussion on Article 35A

Ahmed Ali Fayyaz
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SRINAGAR, Sep 6: National Conference on Tuesday declared boycott to the rest of the autumn session in both Houses of the Jammu and Kashmir Legislature after the entire Opposition created mayhem in Assembly over the Speaker's negative treatment to an adjournment motion seeking discussion on Article 35A of the Constitution of India and four of the NC's members were suspended.

With the beginning of the Question Hour on the second day of substantive proceedings, entire Opposition in Assembly got up to support NC's demand for a special discussion on the State government’s response to a petition that has been filed in Supreme Court by an RSS-linked NGO seeking scrapping of Article 35A.

Article 35A of the Constitution of India provides legal and constitutional protection to the special privileges enjoyed by the Permanent Residents of the State of Jammu and Kashmir in terms of acquisition of immovable property, settlement in the State and right to scholarship and employment even if inconsistent with the fundamental rights. The NGO, namely 'We The Citizens' has challenged the law with the argument that the special privileges available exclusively to the Jammu and Kashmir State Subjects were ultra vires of the fundamental rights guaranteed by the Constitution of India. It has maintained that these rights and privileges were also inconsistent with the UN Universal Declaration of Human Rights 1948.

A Supreme Court bench has admitted the petition and asked the Jammu and Kashmir government to file its response by November 3.

Speaker Kavinder Gupta, followed by Minister of Law and Parliamentary Affairs Basharat Bukhari, contended that NC's adjournment motion had been turned down for a technical compulsion. Both made it clear that Assembly could not hold a discussion on the subject under Rule 58 Sub Rule 7 as it was sub judice in the apex court.

The Opposition MLAs in one voice rejected Speaker's and Law Minister’s argument and insisted that the scheduled business be adjourned and a discussion allowed on the government’s response to the petition filed in the Supreme Court. While as NC's Ali Mohammad Sagar confronted the Speaker, labelling him as "not impartial", Devinder Singh Rana had a virtual altercation with the Minister.

"We are here to safeguard and protect the Article 370 and Article 35A," Mr Bukhari said, amid thumping of desks by the treasury benches. "Question Hour is meant for raising issues of public interest in the House. Please stop creating disruptions," he stressed. "Go and read the rules. What are you shouting for? By creating this melee, you are only wasting the precious time of this House," Bukhari grumbled on the Opposition. He alleged that the Opposition was not serious in its demand as it wanted nothing but disruption.

"They only want to disrupt the house. It is not necessary to adjourn the Question Hour. Article 35A is sub-judice and there are rules which must be followed," he said.

The Speaker's and the Law Minister’s sustained refusal evoked belligerence from the opposition. Members of NC, Congress, CPM, PDF and independent MLA Engineer Rashid trooped into the well while shouting slogans, questioning Speaker's "partisan behaviour" and tearing off documents. Question Hour proceedings continued on Speaker's direction but hardly anything could be heard in the din.

A number of the agitating MLAs pulled out microphones of the Ministers' tables, stood up on benches, pulled and pushed watch and ward staff, shouted slogans and displayed banners. Attempting to physically prevent Speaker from holding the proceedings, NC's Altaf Ahmad Wani and Abdul Majid Bhat Larmi were dragged out by the marshals and subsequently suspended for rest of the session. In a similar ruckus in Legislative Council, Chairman ordered suspension of NC's MLCs Ali Mohammad Dar and Showkat Hussain Ganai.

Thereupon NC staged a walkout in protest in both Houses. Leader of the Opposition and NC President Omar Abdullah held a meeting of the Opposition members in Deputy Speaker Nazir Gurezi's chamber. While as Congress maintained that it would come up with its decision by the evening, NC decided to boycott proceedings in both Houses of the Legislature for rest of the session. Omar announced the boycott through his Twitter handle. He subsequently alleged that the four NC legislators' suspension was "dictatorial practice of the PDP/BJP combine".

"By suspending only JKNC's members in both houses the Govt has betrayed its true intention--to divide the rank of a united opposition", Omar tweeted. He added: "Mufti Syed confessed his unease to his colleagues at seeing the opposition close ranks over the last two days, especially today over 35A".

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(Publushed in today's STATE TIMES)