Article 35A: Kashmir tense as crucial hearing in SC on Monday

Intelligence agencies warn of another unrest in valley if the provision is scrapped

Security personnel interrogate a civilian during a strike in Srinagar | AP Security personnel interrogate a civilian during a strike in Srinagar | AP

Tension has gripped Kashmir ahead of the hearing on Article 35A of the Constitution in the Supreme Court on Monday with intelligence agencies warning that scrapping of the provision could trigger another unrest in the valley.

There are also fears that abrogation of the Article, also called J&K State Subject Law, would antagonise Kashmir police which has been at the forefront in the fight against militancy and separatist agitations.

Article 35A empowers the state assembly to define the permanent residents of the state and bars outsiders from settling and buying property in the state.

An RSS-backed NGO 'We the Citizens' and two women have challenged the provision on the contention that it discriminates against women and prevents the citizens of other states of India from settling in Jammu and Kashmir.

The petitioners also argued that the Article is not an Act of Parliament but just a Presidential Order. 

A two-day strike called by separatist Joint Resistance Leadership comprising Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Yasin Malik against tampering with the Article evoked a massive response across Kashmir and parts of Jammu on Sunday. 

Normal life was badly affected and business, schools and offices—both government and private—remained shut. Public transport vehicles were off the roads and only private vehicles were plying. For the first time, all fuel stations also remained shut. 

Kashmir Inc on Sunday staged a sit-in at the historic Lal Chowk and cautioned against any move to tamper with the Article. 

“We will not compromise on Article 35A. We want to convey to the world and government of India that, don't resort to such things, which you will have to regret later,” said Muhammad Yaseen Khan, president, Kashmir Traders and Manufacturers Federation.

It also appealed to the Centre to understand the sensitivities involved in this issue. “Any fiddling with Article 35A will only push the people of Kashmir to a do-or-die situation and onus of any such development will lie on New Delhi,” Kashmir Inc said in a statement.

Governor N.N. Vohra has moved an application in the Supreme Court for adjournment of the hearing "on account of the preparation for the upcoming panchayat/urban bodies and municipal elections in the state." 

The National Conference and Kashmir High Court Bar Association have filed an intervention plea in the apex court requesting it to allow them as respondents to the petition challenging the provision.