Panthers Party petition on Resettlement Act (Bill no.9) shall be heard by SC Constitution Bench The writ petition filed by J&K National Panthers Party through its Chairman, Shri Harsh Dev Singh, MLA was listed before a Division Bench headed by Mr. Justice B.S. Chauhan. The writ petition shall be heard by a Constitution Bench of the Supreme Court on the validity of the Resettlement Act which was enacted by the J&K Assembly in 1981 during the Govt. of Sheikh Mohd. Abdullah. The Resettlement Act provided that all those who had migrated (voluntarily) to Pakistan in 1947 shall be brought back along with their descendents to J&K with full right over their land and houses which they had left in J&K during their migration. The Panthers Party has been represented by Prof.Bhim Singh, Sr. Advocate since the writ petition was filed in the Supreme Court in 2001. It is interesting to mention that Prof.Bhim Singh was only MLA in the Legislative Assembly who being a Congress Party MLA opposed the bill. It was on this account, mainly that Prof.Bhim Singh was suspended from the Assembly and from the Party. Prof.Bhim Singh deferred strongly from the Congress Party high command and resigned from the Congress in 1982. He founded a new party, J&K National Panthers Party. In 1982 Prof.Bhim Singh challenged the Resettlement Act in the Supreme Court. Shri Atal Bihari Vajpayee, the first President of newly constituted BJP filed intervention application also before the Supreme Court through Dr. N.M. Ghatate, Advocate. The bill no.9 was rejected by the then Governor of J&K, Shri B.K. Nehru who had returned the bill to the Assembly for reconsideration as it violated several provisions regarding citizenship and other fundamental rights. It was in October, 1982 when Presidential reference under Article 143 was made by Smt. Indira Gandhi’s government. Mrs. Indira Gandhi had stated that the matter could not be treated lightly because there were consequences other than constitutional arising out of this Law. She had said that, “I have no hesitation in saying that we stand, as we always did, firmly for the unity and integrity of India, which is paramount, overriding all considerations.” Prof.Bhim Singh while arguing at the time of admission had taken a firm stand that the impugned Law was illegal, unconstitutional, improper and amounted a serious threat to the unity, integrity and sovereignty of India. It was on November 6, 2001 when a five-judge bench dismissed all interventions by J&K National Panthers Party, Bharatiya Janata Party and others and returned the bill in the following three words, “The reference is returned, respectfully, unanswered.” Prof.Bhim Singh was the alone soldier in the battle who argued the matter in a writ petition filed to Shri Harsh Dev Singh, Panthers Party MLA and successfully got stay order draconian Law. The petition was finally admitted for hearing on 11.11.2002 by a Division Bench comprising the Chief Justice, Mr. Justice K.G. Balakrishnan and Mr. Justice S.B. Sinha. The petition has remained pending since 2002. It was on the mentioning by Prof.Bhim Singh, Sr. Advocate before the Chief Justice of India that the case was listed. The bench expressed its inability to hear the matter as the matter has already been referred to the Constitution Bench. Prof.Bhim Singh said that he would take up the matter before the Chief Justice for its early hearing for the reason that any delay may cause threat to the security of the state. Yours Gagan Pratap Singh PLEASE SHARE THIS STATUS FOR AN EFFECTIVE PROPAGATION
Posted on: Fri, 14 Mar 2014 04:13:22 +0000
Trending Topics
Recently Viewed Topics
© 2015