Drabu’s explanation on SARFAESI unacceptable
SRINAGAR: A Srinagar based think tank, Kashmir Centre for Social and Developmental Studies (KCSDS), has cautioned people to the tricks of ‘vile conjurers’ and asked them to raise voice against the “machinations of RSS-BJP fully aided and abetted by the Peoples Democratic Party (PDP)”. The caution was sounded during a roundtable of KCSDS members here in the backdrop of finance minister Haseeb Drabu’s statement in defence of a recent judgment delivered by Supreme Court of India on Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI).
Drabu has attempted to trivialize a hugely significant issue by advising people ‘not to worry’ as the SARFEASI Act, now upheld by Supreme court, restricts banks and other financial institutions to sell the immovable properties of people of this state only to permanent state subjects in the event of their taking over the properties of defaulting loanees to realize their debt, a KCSDS statement said.
“The people are aware of the fact that the act contains the qualifier that mortgaged properties could be sold only to state subjects and hence that is not the issue for concern. The real issue here is that how a central act like SARFEASI could be applied to J&K without the concurrence of the state legislature since the said Act necessitated alienation of property rights of the State subjects which are governed and protected by State’s own constitution and laws read with article 35A of Indian constitution,” the statement added.
The Supreme Court, by reversing the well reasoned judgment of the J&K High Court, in this regard has overstepped its brief by violating the essential principle that governs administrative relations between the centre and the state that any central Act of this nature has to have the concurrence of the state legislature and then only could it become law. Another disturbing point that the judgment makes is that the state constitution is subservient to the federal constitution of India which in a way destroys all the remnants of the state authority. The two constitutions move in different spheres and one does not impinge upon the other. One can’t nullify the other. The collusion of one with the other will destroy the other. Hence this position is completely untenable. Otherwise, JK constitution would have long ceased to be. It is a political issue not to be decided or interpreted by the court. The state government must file a curative /review petition in the Supreme Court and employ a veteran lawyer to fight the case to retrieve the political authority of the state legislature and the right of its constitution to exist on its own not to be put aside by the Indian constitution. Otherwise, its connivance in degrading the state assembly’s power and constitutional erosion will be confirmed. A senior journalist of the state has already exposed the details in this regard which are already in the public domain, the statement said.
The KCSDS described the filing of a writ petition in Delhi High court by an RSS activist as “grave issue” to declare a Kashmir related proviso to article 368 of Indian Constitution, null and void which restricts the application of the provisions of the said article to JK. It is using all available means like holding seminars, conferences, print and social media to garner support for its petition to influence the court decision. If it succeeds in its treacherous design, we will be completely disempowered through constitutional amendments. The KCSDS urged the state government to fight it vehemently in the court. It also described the issuance of domicile certificates to WPRs as a stepping stone to granting them full citizenship rights as a concealed deception of changing the demographics of the state. “We warn the state government that it must straight away stop this nefarious business or face the rising storm,” the Center said.