J&K: Supreme Court Upholds Abrogation Of Article 370

abdullah muftiOn December 11, 2023 the Supreme Court put its stamp of approval on Modi government’s move to abrogate the Article 370 on August 5, 2019. The Pakistan lobby, under the patronage of Abdullas and Mufti, had filed several petitions challenging the government move. But after elaborate debate for months on even the finest technical points, the learned judges of the Supreme Court could not find anything wrong in government’s action – it yet again indicated the careful manner in which Modi government operates. Hence, they declared the amendments valid and constitutional. This has left the ultra powerful Pakistan lobby in India badly frustrated; it directly hurts their strategy of “bleeding India through 1000 cuts“. Anyway, now the J&K state stands fully integrated with rest of the country, now there is no barrier in implementing laws of Indian parliament. The center has also removed discrimination faced by various communities and now citizens of J&K enjoy equal rights. Now the ‘agenda of development’ will dictate the political discourse of J&K, not the Islamic jihad of Pakistan paid proxies. The Mufti/Abdulla dynasties and Pak-paid  jihadis should now look for a place in the history museum, as the spiritual land of sage Kashyap (whose name gave the word ‘Kashmir’) moves towards peace and prosperity. Better still if they migrate to Pakistan along with their supporters; India doesn’t need mullahs with suspect loyalty and who think Hindu genocide by Islamic jihadis is a ‘normal‘ and ‘acceptable‘ event. 

Shyama Prasad Mukharjee

Abrogation was a Masterstroke against Isolationism that promoted Pak Sponsored Terrorism

‘”Article 370 has to be revoked because it undermines the Parliament of India. The law of the nation does not reach Jammu and Kashmir. Pakistan uses this to instigate separatism in the hearts of people there.” – Amit Shah, Home Minister, in 2019

Ever since Pak dictator Zia ul Haq noted this Article (that creates a barrier between New Delhi and Kashmir)  in the 1980s and chalked out plans to inject Jihadi terrorism, under the garb of “Kashmir freedom”, the place had become a hotbed of terrorism and unrest. The local political leadership (Abdullahs, Muftis and their close associates) had dumped Kashmiris to become pawns in Pakistan’s proxy jihadi war against India. Ordinary people (particularly Hindus) were left to live with the worst form of murderous violence and ethnic cleansing after independence.

For Laddakhis having separate UT means freedom from the life of colonized or second-grade citizenship. The twisted brained ‘Mughal Rulers’ had been treating Laddakhis as not worthy of anything – on the contrary, they were diverting funds meant for Laddakh as a routine activity. Now they will have freedom to lead a dignified life and prosper with close association with rest of the country. 

How was it Achieved

Amit Shah explained in 2019: “As per Article 370, Clause 3, The President may, by public notification, declare that this Article shall cease to be operative. The Powers of State legislature of J&K are vested with this House by virtue of President’s rule.”

In simple terms, Modi government used Article 370 to kill Article 370!!!

On August 5, 2019, Home Minister Amit Shah introduced two statutory resolutions in the Rajya Sabha. The first resolution urged the Parliament to pass the public notification issued by the President regarding Article 370. It said, “In exercise of the powers conferred by Clause (3) of Article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that as on 5th of August, 2019, all clauses of the said Article 370 shall cease to be operative except Clause (1) thereof…”

The second resolution moved by the Home Minister concerned reorganization of the border State into two Union Territories: the J&K UT with legislation (like Delhi or Puduchery) and the Laddakh UT without legislation (like Chandigarh). After the RS passed the two resolutions on August 5, the LS also passed them on the next day; thus, completing the process.

Thus, the motions and the Jammu and Kashmir Reorganization (Second Amendment) Bill were passed. Now after August 6, 2019 India has 28 States and 9 Union Territories, as the J&K State turns into two UTs, compared with 29 States and 7 UTs before August 6, 2019. Very few in India could believe what Modi did on August 5 and 6 — a historic feat that fully unified all Indians. Of course, people of POK still live under occupation and misery, but government appears to have some plans for the POK too.

Article 370: A Brainchild of Sheikh Abdulla

Why a “Temporary” Article 370 was allowed to became Permanent?

The 370 was a brainchild of Sheikh Abdulla (a close buddy of Nehru) who, like Jinnah, was pathologically obsessed with having a separate Islamic State. In 1947, this crooked mullah was participating in drafting Indian Constitution but then for personal gains he shamelessly started tinkering with it bypassing the normal procedure. Two years later, in 1949 he inserted Article 370 (as the Prime Minister of J&K) in the Article of Accession that was signed by Raja Hari Singh in 1947, and a year before India’s Constitution got ready. Then in 1954, he got Nehru to insert 35A through Presidential ordinance – and not through debate in the Parliament! His agenda was as “separatist” and as “Islamic” as that of Jinnah; for both, the goal was same – enjoying political power in the name of Islam by fooling Muslims. After Pak invaded Kashmir in 1947, it was Abdulla who (following his own political calculations) pressed Nehru for a premature ceasefire while Pak invaders were on a run but had not been completely driven away from all parts of J&K territory – and like a rubber stamp Nehru obliged! Army commanders were surprised at this foolish move, but had no choice except to follow orders. It created the LoC and then Mr Nehru went to the UN (perhaps on advise of Mountbatten) and lodged a complain under a wrong section. The Kashmir mess was ready to become an International issue. Pakistan entangled it further by making it an Islamic issue and propagandists started to equate it with Palestine-Israel conflict that had an entirely different origin.

NehruNehru was clearly a visionless political novice who became Indian premier only because Gandhi chose him negating the majority voice in 1946. Historians feel that Nehru was selected by the departing British who wanted continuity of their colonial type rule by Brown Saheb, after they were gone. Nehru’s foolish handling of J&K, allowing Tibet to be occupied by China, not accepting the UNSC seat and the humiliating military defeat in 1962 are just few examples of his sub-mediocre understanding of foreign policy issues. Ultimately, the Chinese backstabbing left him broken hearted and he died after the Indo-China 1962 war. In fact, right since 1947, Nehru’s nepotistic leadership style had forced most able leaders to quit Congress. Ultimately, he got confined within a close coterie, promoting and nurturing only sycophancy and opportunism.

How Abdullah Tricked Nehru to Distance J&K from India

The Supreme Court approved the Abrogation of Article 370

After 4 years the Supreme Court finally approved the actions of Modi government done on August 5, 2019. The apex court was hearing several appeals against abrogation of Article 370. The complainants were primarily from Abdullah’s National Conference and Pak supported Jihadi, with tacit support of Congress. Most expensive lawyers like Kapil Sibal argued against the government move; needless to say the ISI was financing the. The SC verdict has clearly left Pakistan establishment seething in humiliation and helplessness, as seen from Pakistani media debates — after all, the Kashmir-Card and terrorism in J&K has been vital for both their existence as well as power politics. Absence of Kashmir Issue poses an existential problem for Pakistani rulers!!

Will Terrorism Completely End in Kashmir?

NO ! Only naïve would think so, because Muslims can’t defy Quran !!

Since August 2019, Modi government has created significant infrastructure — road, rail and air connectivity; new schools, colleges, hospitals; and promoted the tourism industry in a variety of ways. Gone are the days when the weekly timetable for market shut downs, stone throwing and other terror related activities would be sent from Pakistan and cripple the Kashmir valley. Through a variety of developmental initiatives, the youth has been diverted towards productive activities like sports, culture and education. Movie theatres have opened again after 30 years of forced shut down and an environment of general security has appeared again. Practically all major terror modules have been wiped out. It has forced the them to restrict their activity to target killings, particularly of Hindu Pandits and migrant workers from other states. But will terrorism ever end completely? No.

No, it can’t – because it is ideological. As long as there are organizations like Jamaat-e-Islami where maulvis use Quranic verses to preach hate and violence against non-Muslims, the nonsensical Islamic terrorism will remain. These maulanas are only following the tradition of past 1400 years; they cant overrule or negate what is prescribed in the medieval literature. This is the siege mentality exhibited by Muslims who grow up learning that they must never apply their rational thinking in the matters of Islam. This stifling impact is described here in the video.

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