SRINAGAR, August 9: PDP leader Mehbooba Mufti expressed her contentment on Wednesday regarding the ongoing arguments in the Supreme Court concerning the challenges to the abrogation of Article 370, while also framing it as a test of Jammu and Kashmir’s historic decision to integrate with India.
The apex court is currently addressing a series of petitions contesting the annulment of Article 370 and the enactment of the Jammu and Kashmir Reorganisation Act, 2019, which led to the division of the erstwhile state into two Union territories, Jammu and Kashmir, and Ladakh.
“I find satisfaction in the Supreme Court proceedings. These are the very issues that my party, the PDP, has been highlighting since 2019. The Supreme Court does not face any hurdles in its path, but our people are either detained or placed under house arrest for raising the same points, pointing out that the parliamentary decision has trampled upon the Constitution,” Mehbooba told reporters in Srinagar.
She further asserted that the arguments being presented in the apex court underscore the fact that the Indian Parliament lacks the authority to revoke Article 370 until the constituent assembly of Jammu and Kashmir recommends such an action to the President.
Mehbooba Mufti expressed her approval that a transparent discourse is transpiring within the highest court. She cited notable lawyers like Kapil Sibal, among others, who are openly advancing arguments that stress the indispensability of Jammu and Kashmir’s constituent assembly’s endorsement before Article 370 can be altered.
In response to Chief Justice of India Justice D Y Chandrachud’s commendation of Sheikh Mohammad Abdullah, the founder of the National Conference and a former chief minister, Mehbooba stated that the ongoing hearings were a trial of Abdullah’s “foresighted decision” to align with India.
She articulated, “If the CJI acknowledges that Sheikh Mohammad Abdullah’s decision to reject the two-nation theory and ally with India was a visionary move, then this serves as a trial of that visionary choice. It tests whether his decision was accurate, considering he was guaranteed by the Indian government and the Constitution that specific safeguards would be upheld to preserve Jammu and Kashmir’s distinctive identity. Today, it is a trial of that decision to join India, rather than Pakistan or remain independent, to determine whether it was right or wrong.”
While acknowledging that she has yet to gather the courage to attend the Supreme Court hearings, Mehbooba Mufti conveyed that Article 370 transcends mere legal or constitutional implications for her and the majority of Jammu and Kashmir’s populace—it is deeply intertwined with their sentiments. She admitted that, personally, she has struggled to find the strength to sit through the court discussions due to the emotional weight attached to the issue.
She added, “It has become a dilemma for me—whether I should go there and bear the arguments against Article 370 or not?”
