Months ago, India’s Supreme Court had hinted at what it did yesterday through one of its observations that it would certainly uphold a 2019 decision by the government of Prime Minister Narendra Modi to revoke special status for the state of Illegally Indian Occupied Jammu and Kashmir (IIOJK).
The apex court has said special status was a temporary constitutional provision that could be revoked. How ironic it is that the learned judges have arrived at such an unjust decision after taking stock of the facts challenging the revocation of the special constitutional status of the state of the Jammu and Kashmir under Article 370 of India’s constitution, and the repeal of article 35A, which had allowed the state to define permanent residents of the state and certain special rights and privileges attached to such residency.
In my view, Indian apex court’s decision was therefore expected, it is highly disappointing nevertheless. Needless to say, this development will surely add to the electoral prospects of BJP-led ultra right wing parties. Be that as it may, one of the lawyers for the petitioners who had challenged the scrapping of Article 370 by the BJP government, Kapil Sibal, has aptly said the following hours before the apex court’s judgment: “Some battles are fought to be lost.
For history must record the uncomfortable facts for generations to know. The right and wrong of institutional actions will be debated for years to come.” It is heartening to note that top IIOJK politicians such as former chief ministers of erstwhile Occupied Jammu and Kashmir state Omar Farooq Abdullah and Mahbooba Mufti have expressed their resolve to continue to wage their struggle regardless. Quoting Faiz Ahmed Faiz to express hope in despair, Omar Farooq Abdullah, for example, has said: “Dil na umeed tou nahi Na kaam hi tau hai, Lambi hay gham ki shaam Magar shaam hi tau hay.”
Abu Adnan (Karachi)
Copyright Business Recorder, 2023
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