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High alert in Valley as Supreme Court to begin hearing on Article 35A

Intelligence agencies have warned of a fresh spiral of unrest and also a revolt in some local police ranks in case of an "adverse" court order

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Kashmir was on the edge on Sunday, amid an unprecedented shutdown called by separatists, a day before the Supreme Court's hearing on the validity of Article 35-A that guarantees special privileges to the state.

Intelligence agencies have warned of a fresh spiral of unrest and also a revolt in some local police ranks in case of an "adverse" court order.

A nervous Kashmir awaited the hearing as groups of all hues have threatened "massive protests" if the Article was "tinkered with".

Shops and business establishments were shut and transport remained off roads on day one of a two-day strike called by the Joint Resistance Leadership (JRL) that has accused BJP and RSS of trying to change the state's demography.

Roads wore a deserted look in Srinagar and other district towns in the Valley. The ongoing Amarnath Yatra from Jammu to the cave shrine was suspended for two days. Train services were also suspended in Kashmir for two days.

Even auto-rickshaws were off roads, and the Dal Lake's shikaras did not operate — unusual sights even by Kashmir's standards. Additional security forces have been deployed, amid apprehensions of violence.

Kashmir Inc staged a sit-in at Srinagar's Lal Chowk, cautioning against any move to "tinker with Article 35-A". "Any fiddling with the Article will only push Kashmir's people to a do-or-die situation, and the onus lies with New Delhi," Kashmir Inc said.

"We want to tell the world and the government of India that do not resort to such things, which you shall have to regret later," said Mohommad Yaseen Khan, president, Kashmir Traders' and Manufacturers' Federation.

The J&K government has asked the court to defer the hearing on petitions, which challenge the provision, because of preparations for the state's panchayat elections likely in October. Lawyers, transporters, traders, businesses, civil society and parties have backed the shutdown.

Protests have been held across Kashmir over the past one week with National Conference and PDP holding rallies in support of Article 35-A that bars non-locals from acquiring immovable property, getting jobs, benefitting from schemes and voting in the state. Congress has also warned of "a massive agitation" if Article 35-A was "fiddled with."

Charu Wali Khanna, a J&K resident married to a non-Kashmiri and settled outside the state, and some NGOs have challenged the Article, saying it violates fundamental rights of India's citizens. They say the provision is a Presidential order of 1954, never presented before Parliament.

They say the Article is unconstitutional because only Parliament, and not the President, can amend India's Constitution.

Mehbooba Mufti resigned as J&K's Chief Minister in June after BJP abruptly broke its three-year unlikely alliance with her party, citing rising security crisis in the state. The state is under Governor's rule.

TOTAL SHUTDOWN IN VALLEY

THE APPREHENSIONS

Fresh unrest and also a revolt in police ranks in case of an ‘adverse’ court order, warns intel. Lawyers, transporters, traders,  civil society and parties protest.

SCENE ON SUNDAY

  • Shops, businesses shut; all kinds of transport off roads.
     
  • Amarnath Yatra, train services suspended for two days. 
     
  • Additional forces deployed. 

What is Article 35-A?

It bars non-locals from acquiring immovable property, getting jobs, benefitting from schemes and voting in J&K. 

J&K Govt’s Stand

It wants the hearing deferred because of preparations for the state’s panchayat elections.

WHAT DO THE PETITIONS SAY?

It violates fundamental rights of India’s citizens. It is a Presidential order of 1954, never presented before Parliament. It is unconstitutional because only Parliament, and not the President, can amend India’s Constitution.

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