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 “Sub Judice” argument specious and evasive: Masoodi

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Srinagar: The Jammu and Kashmir National Conference Member of Parliament, Retired Justice Hasnain Masoodi, in a statement, called the “sub judice” argument advanced by some leaders to avoid taking a stand on revocation of “special status” guaranteed to Jammu and Kashmir under the Constitution of India, as specious and evasive.

Masoodi stated that pendency of petitions in the Court challenging 5th August 2019 decisions does not stand in way of the Government of India 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, the statement adds. The statement reminds 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”,” Masoodi said.

“It is stated that the 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”,” he said

“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”,” Masoodi said.

“However, the statement points out, once it comes to abrogation of special constitutional status of Jammu and Kashmir the leaders shy away stating that the matter is “sub judice”,” he said.

“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 and at the same time convey to forces inimical to aspirations of the people, that the leaders by avoiding to take a stand are facilitating implementation of their agenda. People are not so gullible as the leaders believe, and do very well understand the game plan,” the statement quoted Masoodi as saying.

Masoodi, in the statement, reiterated the principled stand that the restoration of 4th August 2019 constitutional position alone would lead to durable and lasting peace in Jammu, Kashmir and Ladakh and fulfill aspirations of the people.

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