Permanent Residents law in J&K confirmed solidarity with nation: Bhim Singh - watsupptoday.com
Permanent Residents law in J&K confirmed solidarity with nation: Bhim Singh
Posted 28 Jun 2020 05:46 PM

Permanent Residents law in J&K confirmed solidarity with nation: Bhim Singh

| Jammu |

This is a great tragedy that present rulers of India have forgotten the history and the background as well as circumstances that were created by the then Dogra rulers of Jammu & Kashmir. It was Maharaja Hari Singh who enacted a Law on State Subject in Jammu & Kashmir by a Royal decree in 1927. This law then called as State Subject, naturally, the State was governed by a Maharaja. It was Maharaja Hari Singh who in consultation with all known representatives of the people introduced the law called State Subject. The purpose to introduce this law was to ensure the lands of poor farmers in Jammu, Kashmir & Ladakh does not fall in the hands of big landlords and moneyed people from outside the State of Jammu & Kashmir. It was this law which continued with full backing of the people of Jammu & Kashmir from all regions and all classes and religious groups.
This identity of the residents of the Jammu & Kashmir was preserved by the Constituent Assembly when the Constitution of India was framed. This matter was discussed and finally settled unanimously by the Constituent Assembly while writing the Constitution of India. It was clearly mentioned in the Constitution that all laws pertaining to the residents of Jammu & Kashmir shall remain intact and shall not be disturbed at all. Maharaja Hari Singh signed the Instrument of Accession with the Union of India on 26th October, 1947. Jammu & Kashmir became integral part of the Union of India after 1952 when the Accession signed by Maharaja was approved and the Constitution of India became applicable.
Article 370 was inserted as a temporary measure but with clear command that the Constitution of India shall be applicable and the benefits preserved for Jammu & Kashmir including its Permanent Residents Law (citizenship). The State Subjects were spelled as permanent residents with all their rights and security would remain as they were which included the right of the permanent residents over their immovable property. Inspite of several changes in law and the Constitution. The Fundamental Rights of the permanent residents in respect of their immovable property remained unchanged.
This is highly unfortunate rather tragic that the present government of Jammu & Kashmir under the President�s Rule has through a notification declared that the concept of/law on permanent residents is no more and every person from outside J&K shall be entitled to acquire/buy or own immovable property/land. This amounts to a threat to very identity of the permanent residents of Jammu & Kashmir whose rights were preserved since 1927 under the Royal decree of J&K ruler. These rights were preserved by the Constituent Assembly when Constitution of India was created in 1950.
Prof. Bhim Singh, Chief Patron of J&K National Panthers Party, Sr. Advocate of Supreme Court of India & political activists who has been fighting for the basic rights and Fundamental freedoms of the permanent residents of Jammu & Kashmir has conveyed this tragic treatment to the residents of Jammu & Kashmir by a temporary government under President�s Rule. He challenged that the present government/administration in J&K nor the Govt. of India has any authority under the law to change the status of Jammu & Kashmir or destroy any of the Fundamental Rights which were approved by the Constituent Assembly say the rights of the permanent residents of Jammu & Kashmir. This could have been done only by another Constituent Assembly if that shall approve it. NPP Supremo expressed deep shock and anger on behalf of all permanent residents of Jammu & Kashmir on this dictatorial order that a Tehsildar/employee from anywhere in the country can issue the Domicile Certificate. Prof. Bhim Singh warned that this recent declaration of Govt. of India shall not be accepted/digested by the people of Jammu & Kashmir at any rate or under any circumstances. The law on permanent residents introduced by Jammu & Kashmir Assembly shall not be crashed under any circumstances.
Prof. Bhim Singh has appealed representatives of all political parties/social groups to sit together at the earliest so that all of us shall sit together, consider this issue and decide over joint role under the circumstances.

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