Srinagar, Aug 10 :
Questioning the abrogation of Article 370 by Union Government, senior J&K High Court lawyer Zaffar Ahmad Shah on Thursday argued before the Supreme Court that concurrence given by J&K’s Governor for August 5, 2019 constitutional changes was a “serious constitutional misconduct” and the “breach of the oath” he had taken under J&K Constitution.
As per news agency—Kashmir News Observer (KNO) Shah submitted that the Governor stabbed the people of J&K in back and committed a serious breach of the oath by making a recommendation to abrogate the Article 370. “He is to uphold the constitution of Jammu & Kashmir and he destroys it by his recommendation to the President that ‘you apply all the provisions of Constitution of India to us’, which even the Constituent Assembly didn’t do. He requests the President of India to change the Constituent Assembly to Legislative Assembly. And the President is pleased to accept the recommendations of the Governor when he acts in breach of the oath of Constitution of J&K,” Shah argued.
Shah asked when was the recommendation made, who made the recommendation and at whose instance the recommendation was made by the Governor, saying there is no evidence or nothing stated about it in the counter affidavit.
Citing the provisions of J&K constitution, Shah submitted that the Governor had subjective satisfaction only on three provisions of J&K Constitution and he cannot act on his own.
Shah submitted that framing of the Constitution of Jammu & Kashmir is rooted in the nature of Instrument of Accession (IoA) and proclamation issued by Maharaja in 1948.“In the proclamation, he (Maharja) says that we need to have a national assembly to frame a constitution,” he said.
During the proceedings today, Chief Justice of India DY Chandrachud remarked that there was no conditional surrender of sovereignty by State of Jammu & Kashmir to the Dominion of India.
The CJI remarked that the surrender of the sovereignty was absolutely complete—(KNO)