BJP today alleged that the issue of SARFAESI Act has been blown out of proportion by some leaders in Kashmir valley to incite the people of the state.“The issue of SARFAESI (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest) Act has been blown out of proportion without any justification by some leaders in Kashmir valley to incite the people,” state BJP chief spokesperson Sunil Sethi said.
“Strangely they are joined by so called legal experts from the Valley who themselves have defended the SARFAESI Act and powers of Parliament to enact and extend it to Jammu and Kashmir while appearing in high court as counsel for parties,” he claimed.
“The politics of opportunism has already done much damage to Kashmir valley and the whole State, both economically and politically, even as vested elements are again trying to mislead the public for their gain,” he alleged.Sethi supported the Supreme Court’s order which had said Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution and its own, while the citizens of the state are “first and foremost” citizens of India.
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The apex court had said this while holding that provisions of the SARFAESI Act are within the legislative competence of Parliament and can be enforced in the State.He said Jammu and Kashmir is just one of the states of the Union but it has the exception of being vested with more powers than other states because of the special status it enjoys under the Constitution of India.Sethi said that Jammu and Kashmir is part of a sovereign country that is India and in no circumstances a part “can be equal to whole”.
“The accession of the state to India was complete and non-negotiable. The Instrument of Accession signed by ruler of Jammu and Kashmir was the same as was signed by other rulers,” he said.Sethi said the remarks made by NC leader Omar Abdullah about weak legal defence of the case before the Supreme Court were childish and factually untrue.“It was during his Government that the State had taken a similar stand in High Court. Omar is trying to play politics by making false statements,” he claimed.“The State can’t argue against the obvious position of law and no court would have upheld legally the part of judgement of the high court,” he said.