Srinagar: Terming ‘sub judice argument given by some leaders to mislead people and avoid taking a stand on revocation of special status of erstwhile state of J&K by the centre as specious and evasive’, NC MP Justice (retd) Hasnain Masoodi on Sunday said that the centre is free to reverse its August 5, 2019 decision.
Masoodi said that the pendency of petitions in Supreme Court (SC), challenging August 5, 2019 decisions does not stand in the way of the Government of India (GoI) to undo injustice and revoke a constitutionally suspect law.
“The perpetrator of an unconstitutional act, notwithstanding challenge to the act, is always free to reverse the decision and restore majesty of law and constitutional supremacy. It also does not either forbid a person, group of persons or a political party from articulating its viewpoint or taking a stand on the matter,” he said.
The NC MP said that pendency of as many as 144 petitions against Citizenship Amendment Act (CAA) did not make political parties feel dissuaded from making CAA an election issue, vocally opposing the CAA in poll campaign and promising ‘no CAA in Assam if voted’.
“Kerala and West Bengal Assemblies during pendency of the challenge to CAA even passed resolutions against CAA and NRC. The Kerala leader took the stand that ‘the Act contradicts basic values and principles of the Constitution’. “Same is true about Farm Laws where though the constitutionality of the laws is going through judicial scrutiny, the political parties are vying with each other to support the farmers’ agitation and call the challenged laws as black laws to economically exploit the peasants and agricultural labourers,” he said.
He said that the leaders take cover under the argument to create an impression, though deceptively, amongst the people of Jammu, Kashmir and Ladakh that the leaders are with their aspirations but cannot voice theirs viewpoint. “People are not so gullible as the leaders believe, and do very well understand the game plan,” he added.
He reiterates the principled stand that the restoration of August 4, 2019 constitutional position alone would lead to durable and lasting peace in Jammu, Kashmir and Ladakh.