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BJP May Use Judiciary to Scrap Article 370, Says Omar Abdullah

National Conference chief Omar Abdullah on Saturday warned the Mehbooba Mufti-led Jammu and Kashmir government that BJP may use judiciary to scrap Article 370.

Press Trust Of India

Updated:January 28, 2017, 7:07 PM IST
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BJP May Use Judiciary to Scrap Article 370, Says Omar Abdullah
File photo of former Jammu and Kashmir chief minister Omar Abdullah.
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Jammu: National Conference chief Omar Abdullah on Saturday warned the Mehbooba Mufti-led Jammu and Kashmir government that BJP may use judiciary to scrap Article 370 as the "saffron party has understood that they cannot use legislation to scrap it."

"BJP has perhaps admitted on their side that they cannot use legislation to scrap Article 370, which grants special powers to the state. Where they cannot use the legislation (to scrap Article 370), they can use judiciary to do it," he said in the state Assembly in Jammu.

"Those who believe that BJP has done a good job on Article 370 and that the party has accepted that the article cannot be tempered with...they are wrong," he said in the House, where Chief Minister Mehbooba Mufti who had presented the grants of her Ministries of Home, Planning, GAD, Tourism and others, was also seated.

The NC leader warned the PDP-BJP coalition government that the issue may snowball into a major controversy in the future.

"You always blame us that we make issues out of non-issues and trigger fire. But I want to tell you that we do not create issues...they are being created by the government. We want to prepare you for a major controversy in the future," he said.

Omar also criticised the way the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFACI) Act was fought in the court of law. The Act allows banks and other financial institutions to auction residential or commercial properties to recover loans.

"We were concerned on the SARFACI Act because we thought if you followed the same policy with regard to 35-A, their (BJP) aim to use judiciary will be successful. Where you are using crores of rupees to repair and reconstruct homes, please spend lakhs of rupees to put on job good lawyers to fight this case," he added.

A Supreme Court order last year had said that Jammu and Kashmir has "no vestige" of sovereignty outside the Indian Constitution and its own, while the citizens of the state were "first and foremost" citizens of India.

The apex court had said this while holding that provisions of the SARFAESI Act were within the legislative competence of Parliament and can be enforced in the state.

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