The Supreme Court of India has scheduled the proceedings to hear the diverse arguments of different petitions challenging the abrogation of Article 370 of the constitution by the central government through an executive order issued by president of India on 5 August 2019 through the constitution (Application to Jammu & Kashmir) Order, 2019 (CO272). Different petitioners have filed around 23 petitions against the decision of central government to abrogate the Article 370. Supreme Court has started hearing the arguments from 2 August and arguments will be heard for total 60 hours Time has been allotted amongst the advocates representing different petitioners. Reputed senior advocates namely Gopal Subramaniam, Kapil Sibal, Shekar Napthade, Zafar Shah, PC Sen, Dushyant Dave, CU Singh, Dinesh Dwivedi and Rajeev Dhavan have been listed to argue the case. Besides these, other senior advocates Sanjay Parekh, Menaka Guruswamy, Nitya Ramkrishnan, PV Surendernath, Manish Tiwari and Irfan Hafiz Lone have participated in oral arguments. Zahoor Ahmad Butt, an Advocate and political science teacher Jawahar Nagar, Srinagar also got six minutes for appearance and argument before the Supreme Court on 23 August for de-operationalisation of Article 370 who himself is a petitioner in one of the 23 petitions.
Bhat might have thought he was only exercising his legal right to present his case before the court but government has planned some other reward for him for this act of his. JK Directorate of School Education has suspended him from his lectureship terming his action of appearing and arguing for his own petition before the 5 judge constitutional bench headed by Justice DY Chandrachud as a delinquent officer by an order dated 25 August. Bhat’s suspension had been highlighted before the Constitution bench by senior lawyer Kapil Sibal. He pointed out that the teacher had taken leave from work for two days to appear in the court in support of the batch of petitions challenging the nullification of articles 370 and 35A that took away J&K’s special status. Suspension of Zahoor Ahmad was revoked on 2 September on the intervention of Supreme Court. The act of the JK government was clearly a vilification of legal right of a person who argued for his own petition which was allowed by the apex court. The dictatorial and hegemonic government under the Lieutenant General could not tolerate this courage of a school teacher. Although the whole gloomy episode is a clear violation of the broader framework of ‘right to freedom of speech and expression’ enshrined under Article 19 (1) a of the constitution and legal right of a citizen who is a petitioner in the present case. The action of government is clearly vindictive and for suppressing the intent of opposing a government action by the citizens. On the one hand it is preached that India is mother of democracy, constitution is supreme, people enjoy legal rights etc. On the other hand it exposes the true character of the present day government which is hell bent upon to throttle and muzzle every voice which is raised against any government action. Zahoor Ahmad is an ordinary Indian and ekes out his and his family’s living through a government job. But his fault is that he has a brain which thinks and; what his mind dictates he shown the courage to say that. But in today’s scheme of governing the state affairs, such actions are anti-national. 17 leading and senior advocates of the Supreme Court are arguing this particular case which will be vehemently defended by the Advocate General of India and Solicitor General of India on behalf of the government. Zahoor might’ve nothing special to put forward which these legal luminaries have not argued except his zeal, volition and intent to hear his inner voice. The 5 judge constitutional bench headed by CJI will decide this matter of national and international importance which is the best in wisdom, legal implications and understanding, constitutional scheme and national interest.
The suspension of Zahoor Ahmad is a dictate of the government and an emphatic message for common citizens as well as for all others what may the position they held either toe the thought process of the ruling establishment or perish. Although this line of thought has already implemented in the cases of educationists, activists and free thinkers in false cases. Recently termination of membership of Lok Sabha of Rahul Gandhi on Modigate is indicative of this mindset. The tendency of the establishment to treat the citizens as herd is abominable. The matter should not be allowed mere on the reinstatement but who are responsible for taking such a malice decision should be brought to book who lowered the prestige of the administration and government. Let’s see how the concept of voice of dissent, fundamentals and legal rights, democracy and concept of just and equal society survives in India!
No comments:
Post a Comment