Shadow Correspondent
Jammu, Nov 16:
Describing the prolonged suspension of J&K Assembly as unconstitutional, Mr. Harsh Dev Singh JKNPP Chairman and Former Minister today announced to approach the Supreme Court of India in case immediate steps were not taken for its early dissolution. He said that it was unprecedented in the history of the country that any legislative Assembly had been kept in suspended animation for as long as five months with no decision being taken about its fate. And on top of that, all members of suspended Assembly were being granted all powers, privileges and perks as were available only to members of a regular Assembly in circumvention of the prescribed procedures and established norms, said Singh. He was addressing a press conference in Jammu today.
Asserting that suspension of Assembly can’t be allowed for indefinite period. Mr. Singh said that it was supposed to be a temporary period to give opportunity to various political parties to delineate their respective stands with regard to govt formation in the state. And if none of the parties or combination of political parties was in a position to form the govt, the only alternative was to dissolve the Assembly in conformity with the law established on the subject, said Singh.”And such being the position of law as well as the precedents over the subject, it was highly unjustified to prolong the suspension process. And not only the legal position and precedents on the subject, even the Justice Sarkaria Commission had recommended immediate dissolution of Assemblies, where a party or combination of parties failed to muster the magic numbers, without any loss of time,” said Harsh.
He said that he had already filed a petition with the President of India as well and was awaiting its early disposal. And in the event of non initiation of process for dissolution of the Assembly, the only alternative with the party would be to agitate the issue from streets to Supreme Court, said Singh adding that constitution could not be allowed to be held hostage to the whims of opportunist politicians.
Making a mention of identical situation that occurred in 2008 when GN Azad govt in J&K fell for want of majority, Mr. Singh pointed out that the suspended Assembly was dissolved within three days. The said Assembly was suspended on 7th July 2008 and was dissolved on 10th July 2008 with the then Governor refusing to give any further time to the political parties, divulged Harsh. In the present scenario, the prolongation of suspended Assembly continuing for around 148 days has created an unprecedented situation with vile suspicions and morbid apprehensions created in the minds of the people of the state which does not auger well for a sensitive state like J&K, observed Mr. Singh.
