Jammu : Prof. Bhim Singh, Founder of JKNPP and Executive Chairman of State Legal Aid Committee while addressing a press conference in Press Club, Jammu this morning made a strong appeal to Shri Pranab Kumar Mukherjee, the President of India to use his good offices to impose Governor Rule in Jammu and Kashmir by advising J&K Governor Shri N.N Vohra to take over governance of J&K by invoking Section 92 of J&K Constitution which empowers the Governor to impose Governor rule. Prof. Bhim Singh said that the situation in Jammu and Kashmir has crossed all the limits defined in the Constitution and promulgation of Governor’s rule is the only way out because President’s Rule cannot be imposed in J&K because of Article 370. He said Article 370 has guaranteed powers to the President of India which were enjoyed by the Viceroy of India before January 26, 1950. The President of India shall use his power within the meaning and scope of Article 370 which has itself become outdated, undesirable and unacceptable to match democracy and the rule of law in the State of Jammu and Kashmir which acceded to the Union of India on October 26, 1947 under the seal and signature of the then ruler of Jammu and Kashmir, Maharaja Hari Singh. He said the state acceded to the Union like other 577 states in the Union of India and were merged in the Union.
Prof. Bhim Singh said that there was a great tragedy in the history of India that the Constituent Assembly of India failed to merge Jammu and Kashmir with the Union of India with the result that Jammu and Kashmir remained an unmerged state in the country with the continuation of monarchy. The Constituent Assembly failed to merge Jammu and Kashmir in spite of the valid Instrument of Accession signed by Maharaja Hari Singh. Jammu and Kashmir has not been merged till date by any resolution or Act of Parliament though the Constitution of India defined J&K as integral part of India. It was only Sheikh Abdullah’s Constituent Assembly constituted by Yuvraj Karan Singh (the then) which had no competence or authority to acknowledge the Accession or the State with the Union of India. On August 20, 1952 Jammu and Kashmir Constituent Assembly passed a resolution abrogating the monarchy in the State of Jammu and Kashmir which had remained untouched by the Constituent Assembly of India. The state Constituent Assembly had no such power as a tail could not wag the dog. Constituent Assembly ignored that fact and this tragedy was kept going right from January 26, 1950 till this date.
Prof. Bhim Singh said that those in Jammu and Kashmir who do not stand by the Indian Constitution cannot be blamed because the Parliament of India has kept Jammu and Kashmir out of the scope and jurisdiction of the Constitution of India. This wrong has to be cured and Parliament of India has full authority and competence to amend Article 370 by a simple majority because Article 370 is a temporary provision even today after its long survival for 70 years thanks to the successive Parliament of India who are responsible for the present state affairs in the country. Prof. Bhim Singh said that entire Jammu and Kashmir including Gilgit, Chitral, Askardu, POK as well as 20,000 sq. miles of J&K Territory which has been illegally grabbed by China is legitimate territory of Jammu and Kashmir which acceded in 1947.
Prof. Bhim Singh declared that he shall take this matter before the United Nations, if need be, to ensure that Jammu and Kashmir is fully integrated with the Union of India and entire Jammu and Kashmir is merged with the Union of India.
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