where the writers are
clash between protesters and police in Jammu


 Election commission of India should debar such political parties creating vote bank by adopting unconstitutional means. 

 India:Jammu and Kashmir, the Indian State, is burning in the communal tension of Hindus and Muslims for the last now more than a month ever since the issue of transfer of land to Shri Amarnath Shrine Board (SASB) by the State Government has been in the forefront. The issue of transfer of land to Amarnath Shrine Board was flared up when the  co-alition partner of the ruling congress, the PDP, led by Mehbooba Mufti and its chief patron Mufti Mohamad sayeed, former union Home minister of India, strongly objected the move of the State Government led by Azad of Indian National Congress, to transfer land to SASB. PDP leadership sparked the issue against the muslims in the valley with the result that massive violence took place demanding instant cancellation of the said order. The PDP’s further pulling out of the Azad led Government and withdrawing support to it was an added fuel to the fire that spread like wild fire in the valley. The entire move of the PDP leadership was insane and unconstitutional that led to communal tensions between the two regions Jammu and Kashmir and particularly in Jammu where large population of Hindus live. The State Government succumbed to the pressure of PDP and the tensions created by it in the valley by canceling the transfer order of transferring land to SASB.


Another insane act of revocation of the land transfer order by the state Government has triggered anger not only in the minds of the Hindus of the State but whole of India. This also has divulged the unjust discriminatory attitude of the government towards the Jammu and the Hindus of the state that has fuelled wide spread protests by the Hindus in Jammu and the whole of India demanding instant re-transfer of the land to the Amarnath Shrine Board, a body that exclusively deals with the functioning of the Hindu Shrine and its pilgrims.

  After all why the PDP did this when being the Cabinet partner it was their collective responsibility to decide the issue within the Cabinet and not to ignite it in the valley. The agenda of the PDP was and is unambiguous that by infusing anger in the minds of the Hindus of the state and rest of India, it can muster vote bank of the Muslims in the valley in the coming elections in October. This hidden agenda of the PDP and other such like parties is a serious threat to the Sovereignty and Secular basic structure of the Constitution of India that needs to be taken into serious consideration by the Union Government that Constitutionally exercise control over its all units of Sovereign India and any further soft attitude towards such parties will weaken National Integrity of India.  In a democracy the political parties represent the people and their aspirations and ultimately work for them and their welfare in all spheres of life and on its contrary if political parties and their patrons instead of working for the welfare of the people create hatred, violence among the people then these parties have no right to stay and must not be allowed to contest elections in the National interest. In order to look into the process of elections and every thing related to it in whole of India, the Constitution of India has envisaged under Article 324, the independent election commission which functions as a quasi-Judicial body and has also vested with the advisory jurisdiction. It was established in 1950 and originally this permanent Constitutional body was having one chief election commissioner but currently it consists of chief election commissioner with two election commissioners. The Constitution of India vests in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India. Recently in Kashmir region of Jammu and Kashmir State the local political party and ally of the ruling co-alition PDP headed by Mehbooba  Mufti has politicized the issue of transfer of land to SASB at Baltal and Domail which act of their has resulted into violence and tension not for the people of Jammu and Kashmir only but for the innocent Amarnath yatris who were also got entangled and injured in this violence by the local mob. Since the PDP was an indispensable constituent of the present cabinet, therefore they were constitutionally bound to act collectively in the State and National interest but unfortunately petty vote bank politics forced them to resign and pull out from the cabinet to flare up the situation in the State. If the leadership of PDP had felt at any point of time that the transfer of land by the State Government to the SASB is illegal then the proper Constitutional route was to challenge the said order in a competent Court of law but since the elections are round the corner in the State and thus to create vote bank, they politicized the said issue which consequently resulted in unprecedented violence and tension between the Hindus and the Muslims not in the state  of J&K only but in the whole Country. What the leadership of PDP has done is absolutely Unconstitutional, undemocratic and impermissible under general law of the land. The Election Commission of India who is vested with the jurisdiction of recognizing the political parties in India on certain norms should look into the scope that whether such political parties should be permitted to be in election fray who adopts Unconstitutional means to create their vote banks.  According to me such parties should be debarred from contesting elections in the National interest. 

Dated: 5-8-2008.

Parveen kumar, advocate, J&K High Court, Jammu.