J&K: Restoring the future
In his Independence Day address Chief Minister Omar Abdullah referred to the reported observation of the Supreme Court, purported to link the matter of Jammu and Kashmir’s statehood to the Pahalgam terrorist attack, and announced a signature campaign to seek the statehood for J&K. Omar lamented that Pahalgam attack was “being used to delay statehood”. The Apex Court was hearing a matter of restoration of statehood to Jammu and Kashmir. Remember, it was the Court which in 2023 , while upholding the constitutional validity of August the 5th 2019 constitutional changes with respect to J&K , had counseled GoI to consider restoration of J&K’s statehood as soon as possible.
If the observation of the Court on the issue of statehood is restricted to its domain, then, probably, it won’t make a big deal. After all the Supreme Court – being a Constitutional Court whose order has force of the law applicable to the whole country - is well within its rights to float an idea and elicit response from the contesting parties, so that it equips itself well to make a final order doing fair justice to all and, in particular, to the issue at hand. However, if such an observation stems from the state quarters it becomes problematic. In as much as this observation, in the first place, tends to put the question of restoration of statehood at the tender mercies of the mercenaries and in the second place, raises a question on the bona fides of the quarters tasked to restore the statehood.
Indeed, it will be travesty of justice if the terrorists are allowed to dictate terms. One hopes that GoI is cognizant of the situation that prevailed in Punjab in the tumultuous period of, late seventies to the middle of nineties of the previous century, when the armed terrorist’s writ ran across length and breadth of the state, which none could dare defy. It was a normal practice for the terrorists to strike whenever situation showed signs of recovery. But it was in 1985 that GoI called bluff of the terrorists and held election to the state Assembly which was in suspension for long. It was the elected government led by Baint Singh and the subsequent mainstream political process that unfolded, which ultimately turned the tide in favor of sanity. Nonetheless, CM Baint Singh had to pay with his life for his daring venture. Interestingly, then the BJP joined Congress in welcoming the announcement of Punjab elections which were held in September 1985; though some political parties like CPI-M had opposed it .
The government in Delhi may take a leaf out of the Punjab book and order for restoration of statehood to J&K. Withholding statehood and bowing to the unholy whims of the terrorist will help nobody’s cause, besides emboldening the perpetrators of crime to repeat the mischief. CM Omar Abdullah has a point when he says, “will Pahalgam killers or the foreign powers behind the attack decide when J&K will become state .”
There are elements in the political and social arena of the country who always see conspiracy in everything that happens, or government of the day does. They don’t spare even a dastardly act of death to latch on to the “conspiracy theory”. Refusal of statehood on the pretext of Pahalgam killings will only strength them to hold on to the “theory” and distract attention.
J&K is confronted with myriad problems - problems of law and order, terrorism and unemployment. To these stands added the one of natural calamity. Every part of Jammu and Kashmir has been bearing the brunt of nature’s furry which has taken a heavy toll on human lives and devastated property. The situation calls for an undiluted and single minded attention of the authorities. But it doesn’t seem happening, two power structures which are presently in view here won’t help. The elected government at times gives a pathetic picture of helplessness. Senior officers of the administration, reportedly, look elsewhere for orders and guidance than to the elected CM. Omar Abdullah may be exaggerating a bit but it is a common perception that sometimes cabinet decisions do not see the implementation. This can hardly be a position conducive to ensure urgent relief and rehabilitation of the suffering people.
The LG, Manoj Sinha, has done a great job in controlling the situation on the security front which at times looked slipping away. His push for all round development of the UT is highly appreciable. It is out of his sincerity of purpose and regard for democracy that J &K, last year, witnessed a peaceful and fair conduct of Assembly elections which resulted in J&K having a popular government in place. It will add immensely to his credit if the elected government, under his benign guidance, is allowed a fair ground to discharge the people’s mandate it has presently.
The elected government must be trusted to handle the situation. The elected governments in the past have proved their capability and bona fides to contain the menace of militancy to a large extent. There is a need for a reiteration of trust. Early restoration of the J &K’s statehood will be such a reiteration.
- L. SARAF, former Principal District & Sessions Judge
