JUDICIAL REVIEW OF ARTICLE –370

SARASIJ MAJUMDER

Recent legal exercise in APEX COURT on Article -370 is an agenda-driven review, may be financed by some external agencies, involving some  MUSLIM COUNTRIES, including USA through some opposition members, and some known ACTIVISTS.

 A stable Kashmir never served any useful  purpose for WESTERN BLOCK.

Let us recall the procedures followed by the then GOI, step by step: -

It took India 70 years, to remove Article 370, a purely Temporary Provision on Jammu and Kashmir in the Constitution.

You may remember, years before 370 was removed, Kashmir issues were discussed in UNO, OIC, and many Islamic nations and USA would interfere, but once article 370 was removed, none of them are interested in discussing it.

Can you imagine that the table which raised the topic of Kashmir globally, has not even taken this topic to discuss? Does this happen in just one night? NO, it took full long-term planning and this planned execution is the result that article 370 can never be restored back.

This was done step by step, as follows: --

1.    To dissolve J&K government at the appropriate time.

2.    The smoke entry of NIA in Kashmir Valley between 2016-2017. The NIA attacked the sources of funding of Kashmiri separatists and terrorist supporters, overground workers, and also started attacking the hawala going on in Kashmir for decades.

3.    The army and paramilitary forces were given a free hand, to take action against the terrorists.

4.    The RSS, under the leadership of Ram Madhav, had also started making space in Kashmir, slowly but surely, they started connecting with the general public. The RSS worked at the level of the Panchayat, the benefit of which was visible in the last Panchayat election, and even now.

5.    Empowering the governor in all matters.

6.    Dissolution of the assembly and bring in President Rule in J&K.

7.    Use Art 356 to empower the J&K governor to take on the rights of the dismissed J&K LA!

8.    Validate the power of the Governor from SC.

9.    Use 1952 precedent to transfer power to the J&K assembly which in turn got transferred to J&K Governor.

10.                       President declares his right to abrogate 370 and simultaneously bills to make 370 / 35A toothless and powerless on our constitution, and is passed in RS on August 5, 2019, and LS on Aug 6, 2019, both by more than required majority!

 

IMPOSSIBLE MADE POSSIBLE AFTER 72 YEARS by MODI-SHAH-DOVAL giving a stinging slap on all anti-nationals who dared this M-S-D trio to remove Art 370!

During the execution of the plan to remove Article 370, there were different teams made by PM Modi, to counter everything.

The legal team was one of the most important ones having Solicitor General Tushar Mehta, Attorney General Venugopal, Law and Justice Secretary Alok Srivastava, and Additional Secretary (Law) RS Verma. Apart from these, Law Minister Ravi Shankar Prasad was the legal advisor of this team, the task of this team was to make a legally strong draft so that it could not be removed even by the Supreme Court.

Next was the ground team who will look after the on-ground repercussions. The members of this team were NSA Doval, RAW Chief Samant Goyal, IB Director Arvind Kumar, Home Secretary Rajiv Gauba, Gyanesh Kumar (Additional Secretary-Jammu and Kashmir charge); the job of all these officers were to handle the law-and-order system, to prevent any action from the side of Pakistan or China, to curb terrorist incidents, to provide logistics support, and to meet every need of Jammu and Kashmir people.

There were political teams. This included 6 other leaders, e.g., Piyush Goyal, Dharmendra Pradhan, Bhupendra Yadav, Prahlad Joshi, Jitendra Kumar and Hemant Bishwa Sarma, whose job was to cultivate the opposition, and to garner a majority in the Rajya Sabha, because BJP was still short of MAJORITY in the Rajya Sabha. Secrecy was supreme. Some leaders came to know only at 10:30 am on 5th August that this law would be brought in the Rajya Sabha today itself, such was the secrecy.

And this level of co-ordination with all the team members made possible, to remove article 370, finally.