Author: Syed Liaquat Ali
Publication: The Hindustan Times
Date: May 13, 2002
Fearing legal entry of militants
into Jammu and Kashmir, the Vajpayee government has demanded the abrogation
of the controversial Jammu and Kashmir Resettlement Act.
The Centre said the operation of
the Act in the state, which is a victim of cross-border terrorism, would
compromise national interest. "This will endanger national security and
public order."
The Farooq Abdullah-led National
Conference government decided to enforce the Act after a five-judge Constitution
bench of the Supreme Court refused to answer a presidential reference on
it last year.
The legislation, passed by the Jammu
and Kashmir Assembly in 1982 would allow migrated Kashmiris, including
their descendants, to claim evacuee properties and to settle down in the
state.
However, the apex court in February
stayed the implementation of the legislation on a bunch of public interest
litigations (PILs) and sought responses from the Centre and the state government.
An affidavit filed recently by the
Union Home Ministry said the legislation encroached upon exclusive powers
of the Centre to regulate entry and stay of foreign nationals in India.
Moreover, the legislation was contrary to the provisions of the Constitution,
the Citizenship Act and the Foreigners Act, it added.
The affidavit said a person who
was not a citizen of India could not become a permanent resident of Jammu
and Kashmir.
However, the state government refused
to buy these arguments. A counter-affidavit filed through counsel Anis
Suhrawardy said the state assembly was empowered to enact a law to regulate
the return and resettlement of Kashmiris, who had migrated to Pakistan
after March 1947.
The Union Government said the legislation
would enable migrated Pakistani citizens, who had even served in the armed
forces and fought against India, to return at any time to resettle in the
state.
The affidavit said the Act does
not have a provision for verifying the antecedents of an applicant.
There was nothing in it to prevent
the applicant from misusing the provisions of the legislation by reclaiming
evacuee property and returning back to Pakistan, it added.
The Home Ministry said: "At the
best of times, no nation permits migration in this manner to anyone without
scrutiny."
The state government rejected the
contention, saying that the Act has sufficient provisions to prevent entry
of unwanted elements and to allow only the genuine migrated Kashmiris to
resettle.
The apex court will hear the PILs
in August.
