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| Union of India must follow SC judgment vis-à-vis J&K on Travancore Accession judgment:Bhim | | Jammu, July 15 (Scoop News)- Prof.Bhim Singh, Chief Patron of J&K National Panthers Party & Sr. Advocate in Supreme Court of India has urged President of India, Shri Ramnath Kovind to direct the Union of India to follow in letter and spirit of the judgment of the Supreme Court of India dated 13.07.2020 in which the Supreme Court has laid down a clear law that any restriction/condition put in by the Ruler who signed the Instrument of Accession cannot be converted or changed by the government.
That this judgment is a clear signal to the Union of India that the Instrument of Accession vis-à-vis Jammu and Kashmir was signed by Maharaja Hari Singh, the then Ruler of J&K in respect of the State. The Ruler of J&K has clearly mentioned the subjects which were not included in the Instrument of Accession namely, Defence, Foreign Affairs & Communication etc. Prof.Bhim Singh who is also Executive Chairman of State Legal Aid Committee, J&K has submitted to the President of India that the Instrument of Accession of J&K was signed by Maharaja Hari Singh on October 26, 1947. He had acceded the entire State of J&K with the Union of India except the three abovementioned subjects.
Prof.Bhim Singh submitted that the Parliament has neither constitutional authority to change the subject matter of the Instrument of Accession nor the Parliament has passed any amendment in this regard at all. He said that Union of India has passed an executive order changing the statehood of J&K into a Union Territory which is totally against the letter and spirit of the latest judgment delivered by the Supreme Court in Travancore matter.
This is also a matter of debate whether the language of the Instrument of Accession signed by a Ruler could be changed by an executive order of Govt. of India.
Prof.Bhim Singh has appealed the President of India to consider this matter in the interest of national integrity and unity of the Union of India. He has suggested that the statehood of Jammu and Kashmir should be restored as the recent conversion in the character of J&K State was illegal and violative of the Instrument of Accession also. He has demanded immediate Assembly election in J&K and leave the matter for the Assembly of J&K to take appropriate constitutional action in respect of the conditions laid down by the Ruler in the Instrument of Accession.
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