Article 370: CWC deplores govt's 'undemocratic' manner

Agencies
August 7, 2019

New Delhi, Aug 7: The Congress Working Committee late Tuesday deplored the "unilateral, brazen and totally undemocratic" manner in which provisions of Article 370 of the Constitution was abrogated and the state of Jammu and Kashmir was bifurcated by the government into two Union Territories.

At a meeting of the Congress's highest decision-making body, the party accused the BJP of violating constitutional law, the states' rights, parliamentary procedure and democratic governance.

Party sources said various party leaders made their points and the leadership respected the sentiments expressed by each of them. Rahul Gandhi said the party would stand with its ideology and opposed the manner in which the government went ahead with the decision against all democratic and constitutional norms, the sources said.

Gandhi, the sources added, pointed out that the party respected the sentiments of all, including those who have expressed divergent views as per the sentiment of people in their respective states and areas, but the party had to go by its ideological stand.

Priyanka Gandhi also expressed similar views.

The meeting, chaired by Rahul Gandhi, was attended by top party leaders Sonia Gandhi, Manmohan Singh, A K Antony, Ahmed Patel, Ghulam Nabi Azad, P Chidambaram besides Priyanka Gandhi, and they deliberated on the party's strategy going forward on J&K.

Former state chief minister Ghulam Nabi Azad explained the entire Kashmir situation and the aftermath of the government's decision.

The meeting of the CWC came after the party took a stand against the government action, while several Congress leaders such as Jyotiraditya Scindia and Janardan Dwivedi struck a divergent view and supported the Centre's action.

It was held soon after Parliament approved the government's action of revoking the special status of Jammu and Kashmir and bifurcated the border state into two Union Territories. The Congress has strongly opposed the move in both houses of Parliament and termed the government action as unconstitutional and undemocratic.

While some leaders expressed divergent views on the issue at the meeting, the resolution adopted at the meeting was unanimous.

"The CWC deplores the unilateral, brazen and totally undemocratic manner in which Article 370 of the Constitution was abrogated and the State of Jammu and Kashmir was dismembered by misinterpreting the provisions of the Constitution," the CWC resolution stated.

Reading out the resolution, Chidambaram said, "Every principle of Constitutional law, States’ rights, Parliamentary procedure and democratic governance was violated."

"The CWC strongly reaffirmed the consistent and stated position of the Indian National Congress that J&K, including the areas under the illegal occupation of Pakistan and the part ceded by it to China, are integral part of the Republic of India.

"The integration of J&K with India is final and irrevocable. CWC firmly asserted that all issues pertaining to J&K are internal matters of India and no outside interference will be tolerated," the CWC resolved.

The party reiterated its pledge to stand with the people of Jammu, Kashmir and Ladakh and to fight BJP's "divisive and diabolical". The party also urged the people of Jammu and Kashmir to maintain peace and calm.

The resolution further stated that Article 370 is the Constitutional recognition of the terms of the Instrument of Accession between the State of Jammu and Kashmir and India.

"It deserved to be honoured until it was amended, after consultation with all sections of the people, and strictly in accordance with the Constitution of India," it said.

The CWC said what the BJP government accomplished yesterday in the Rajya Sabha and today in the Lok Sabha has "grave implications" going well beyond J&K and calls into question the very idea of India being a Union of States.

"Jammu and Kashmir acceded to India as one State and no government has the power to change its status or divide it or reduce any part of it to a Union Territory," the party said.

The Indian National Congress pledges to stand with the people of Jammu, Kashmir and Ladakh and to fight the BJP and its divisive and diabolical agenda with every power in its hands. We urge the people of J&K to maintain peace and calm.

Congress leader in Lok Sabha Adhir Ranjan Chowdhury, who earlier in the day stoked controversy as he sought to know from the government whether Jammu and Kashmir was an internal matter or a bilateral issue, also attended the meeting.

However, just ahead of the meeting, Scindia said he supported the move on Jammu and Kashmir and Ladakh and the state's full integration into the Union of India, adding that it was in the interest of the country.

"I support the move on #JammuAndKashmir & #Ladakh and its full integration into union of India," he tweeted.

"Would have been better if constitutional process had been followed. No questions could have been raised then. Nevertheless, this is in our country's interest and I support this," he said.

While the meeting was on, senior Congress leader Anand Sharma put out a tweet saying Jammu and Kashmir joined the Indian Union as a state.

"BJP govt ill thought decision of dividing the state and downgrading the strategically sensitive state is a first in history and changes geography and humiliates the people of Jammu and Kashmir," he said.

The CWC was also expected to pass a resolution on the situation arising out of the government's move on Jammu and Kashmir.

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News Network
July 16,2020

New Delhi, Jul 16: The Rajasthan High Court will hear Thursday afternoon a petition filed on behalf of the Sachin Pilot camp, challenging a move to disqualify dissident MLAs from the state assembly.

The plea against the disqualification notices sent from the Speaker’s office to Pilot and 18 other Congress MLAs will be heard by Justice Satish Chandra Sharma.

The 19 MLAs were sent notices Tuesday by the Speaker after the Congress complained that the MLAs had defied a party whip to attend two Congress Legislature Party meetings. 

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News Network
August 3,2020

Indore, Aug 3: In a bizarre development, the Indore Bench of the Madhya Pradesh High Court has granted bail to an accused in a sexual harassment case on the condition that he will request the victim to tie a ‘rakhi’ on him with a promise to protect her “to the best of his ability for all times to come”.

Justice Rohit Arya on July 30 also ordered the man to pay Rs 11,000 to the complainant as a “customary ritual usually offered by brothers to sisters” on Raksha Bandhan and seek her blessings while visiting her with his wife and a box of sweets. “The applicant shall also tender Rs 5,000 to the son of the complainant for purchase of clothes and sweets,” the order said.

The court directed the accused to take photographs and receipts of payment made to the victim and her son, which should be filed through his lawyer for placing on record of the case before the Registry.

The victim, a resident of Ujjain district, had alleged that her neighbour, Vikram Bagri, entered her house and sexually harassed her on April 20. The police registered a case under Sections 452 (House-trespass after preparation for hurt, assault or wrongful restraint), 354 (A) (Sexual harassment and punishment for sexual harassment), 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (Punishment for voluntarily causing hurt) and 506 (Punishment for criminal intimidation) of the Indian Penal Code.

The order said the man, in jail for more than two months, was released on bail, on furnishing a personal bond of Rs 50,000 with “one solvent surety in the like amount to the satisfaction of the trial court, on the condition that he shall remain present before the court concerned during trial,” and comply with conditions under Section 437 (3) of CrPC, along with other conditions.

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News Network
March 4,2020

Mumbai, Mar 4: BJP leader Devendra Fadnavis on Tuesday said Maharashtra Chief Minister Uddhav Thackeray should not give "vague" replies on the 5 per cent Muslim quota issue and declare "with courage" that his government will not bring law granting reservation to the minority community.

Mr Fadnavis made the remark after Mr Thackeray, during a press conference earlier in the day, said he has not yet received the proposal regarding giving quota to Muslims and that the Shiv Sena-led government is yet to take any decision on it.

Mr Thackeray made the comments after Maharashtra Minority Affairs Minister Nawab Malik recently said in the legislative council that thestate government will provide 5 per cent quota to Muslims in education.

Mr Malik, an NCP leader, had also said the state government will ensure that a legislation to this effect is passed soon.

The NCP and the Congress, both proponents of Muslim quota, are constituents of the Sena-led Maha Vikas Aghadi government.

Asked about Mr Thackeray's remarks on the issue, Mr Fadnavis said instead of making comments at the press conference, the chief minister should make a statement in the legislature which is currently having its budget session.

The Leader of the Opposition in the assembly said that Mr Malik's opinion is the official position of the government as the minister had talked about giving quota in the council.

"So, instead of making vague comments in the press conference, the chief minister should say in the council that it is not his view (the one expressed by chief minister).

"The chief minister gave vague answers during the press conference, saying the proposal has not come to him. Your minister (Malik) only has said it," Mr Fadnavis told reporters outside the legislature building complex.

The BJP leader maintained there is no provision in the Constitution for religion-based reservation in government jobs or education.

"Say with courage that you will not give the quota, that the Constitution doesn't accept quota based on religion. Hence, we (the government) will not bring law granting quota," the former Chief Minister said.

Mr Fadnavis claimed that if given within the 50 per cent ceiling set by the Supreme Court, the Muslim quota will affect the existing reservation granted to OBCs.

"And if given outside it, it will affect Maratha quota," he added.

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