NEW DELHI/SRINAGAR, 15 November — While the center has no plans to welcome people from across the line of control (LoC) in Jammu and Kashmir, the ruling of India’s Supreme Court leaves it with no other choice.
The ruling can give terrorism in J&K a dangerous turn. Earlier this week, the apex court made a landmark move on the Jammu and Kashmir grant of permit for resettlement in State Bill, 1980 under Article 143 (1) of the Constitution of India.
According to the ruling, J&K residents who left for Pakistan between March 1, 1947 and May 14, 1954 have the right to return. They can claim assets they may have left behind. They can acquire immovable property in the state. What is perhaps most crucial is that they do not need passports or immigration certificates to return. A permit from the state government will be enough.
The bill was passed by both houses of the state legislature in April, 1982. The governor sent the bill back in September 1982. On Sept. 30, 1982, presidential reference was made and the bill was passed again by both houses on Oct. 4, 1982. The governor gave his assent on Oct. 6, 1982 and the bill became law.
The Supreme Court’s ruling seeks to learn if the bill would be constitutionally invalid. The apex court’s order states, “Having regard to the fact that the bill became an Act as far back as in 1982, it appears inexpedient to answer the question to us in the reference. Even if were able to answer the question in the affirmative, we would be unable to strike down the Act in this proceeding. We think, therefore, that the reference must be, respectfully, returned unanswered.” A senior official commented, “If the law is enforced it would uproot thousands of families and created a 1947-type situation. There is danger of civil war. It would mean granting citizenship to those willing to resettle.”
Meanwhile, the fall of Kabul to the Northern Alliance was greeted with both relief and disbelief yesterday in Kashmir.
“I don't believe Taleban forces have left Kabul without any resistance,” said Aasiya Andrabi, head of leading female separatist group, Dukhtaran-e-Millat.
Northern Alliance forces entered the Afghanistan capital early Tuesday after the Taliban fled without a fight.
Andrabi has been an outspoken supporter of the Taleiban and Osama Bin Laden, the prime suspect in the Sept. 11 attacks in the United States.
“Maybe they have retreated under some war strategy, which only time will tell,” she added. Andrabi said she found it painful to hear that Kabul had fallen to the Alliance forces “who have started killing fellow Muslims there”.
The Sept. 11 attacks on the US, Washington's subsequent formation of an international coalition against terrorism and its military action in Afghanistan have divided separatist leaders in Kashmir. The hard-liners were angered by Pakistani President Pervez Musharraf's decision to cooperate with the United States.
