Stresses need for the judiciary to focus on the legal aspects of the abrogation of Article 370 rather than its perceived political or law and order implications
J&K Peoples’ Conference President Sajad Gani Lone today said that one of the biggest challenges facing the institution of judiciary is how they deal with Article 370 cases. He emphasized that the role of the apex court is not to pass judgment on whether the abrogation of Article 370 was beneficial or detrimental to J&K but the court’s duty lies in determining the legality of the abrogation.
“Per se the affidavit filed by the Central government focuses on issues post abrogation. What will eventually be discussed in the court is the legal pathway to abrogation not the so called perceived political or law and order benefits post abrogation. Whether abrogation of Article 370 is good or bad for J and K is not what the Apex court has to decide. They have to decide whether it was good or bad in law,” Lone said in a statement to news agency—Kashmir News Observer (KNO).
Lone further said that Article 370, in essence a form of federalism and a power-sharing arrangement, has been slandered and defamed beyond recognition. He however asserted that clamour for federalism will progressively gain momentum over time.
“Mark my words. Clamour for federalism will grow every passing day. The biggest threats facing the country today are the attacks on its federal structure—-Slow march of the central government and the trespass on to the power of the state governments. Loose Federalism is a reality and will be the most talked about political concept across the world in the coming decades”, he concluded