October 5, 2017 | By Sikh Siyasat Bureau
New Delhi: The Supreme Court of India (SCI) was reportedly jolted when the Jammu & Kashmir bar association her on Tuesday submitted that the accession of the state into India as “mysterious” and “controversial” while taking a strong note of it.
The state’s Bar Association, which was asked by the SCI to help in finding amicable solution to the protests and stone pelting during the 2016 unrest, filed an additional affidavit giving reasons for the continuing unrest in the Valley.
“How is your additional affidavit relevant to this SLP (special leave petition)? We are shocked,” a Bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, reportedly told the bar body.
Not having concrete answer or argument against the state bar council’s hard questions, the Central Government through its Solicitor General (SG) Ranjit Kumar got certain portions of the affidavit dubbed as controvertial, the Bench while toing the line said: “we wanted to know the reasons (of protest from the bar body), which is a mistake”, reads a qoute from report published in an English vernacular.
At the outset, the SG said the plea was pending in the Jammu and Kashmir High Court and highlighted the controversial averments made by the bar body in the additional affidavit.
“They say that the instrument of accession is mysterious and controversial. They allege that every election is rigged. India and Pakistan have fought three wars on the issue… the state is in a troubled state for last 70 years,” the SG further said while quoting the reported affidavit.
“None of the elections held in the state inspired confidence as they all have been rigged.”
In the end the SG maintained that whatever has been alleged by the bar body was not the part of petition filed before the high court.
Initially, the Bench said it would hear the matter after the high court decides the pending petition. Later, it fixed the appeal of the bar body for hearing on January 18.
Earlier, the SCI had observed that no meaningful dialogue was possible unless violence stopped in the strife-torn Valley.
The court was hearing the appeal of the Bar Association’s Executive Member against the September 22 order of the Jammu and Kashmir High Court.
The high court had rejected the bar body’s plea seeking a ban on use of pellet guns on the ground that the Centre had already set up a Committee of Experts through its memorandum of July 26, 2016 for exploring alternatives to pellet guns.
There were “two ways to decide the case at hand. Either the parties sit together and find a solution”, or the court decides the case, the SCI reportedly said.
It had said the Bar was a “responsible” and “respectable” body and it should help in finding a solution and asked it come up with suggestions to resolve the crisis, including stone-pelting and violent street protests in the Valley.
Incidently, the fact that the affidavit was trying to invoke was and of which the SCI failed to take notice was that the very accession of the state of Jammu & Kashmir into India was faulty and it is this very reason that is responsible for present day turbulent and tense situation in Valley, notes The Tribune (TT).
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