RTI Activist seeks disqualification of Farooq Abdullah as MP for making seditious remarks over the status of PoJK

An RTI and social activist of Jammu, Sukesh C. Khajuria, had written to the Speaker of Lok Sabha in December 2018, seeking disqualification of Dr. Farooq Abdullah as Member Parliament for violating and causing breach of Oath while making seditious speeches regarding Pak Occupied Jammu & Kashmir (PoJK). Later he had filed an RTI with the Lok Sabha secretariat and had sought the information regarding the Action Taken Report on the complaints against Former Chief Minister of J&K and MP Farooq Abdullah of National Conference.

In his complaint to then Lok Sabha Speaker Smt. Sumitra Mahajan, Sukesh had written that “We the people of the India want to know that how a Hon’ble member of the 16th Lok Sabha Dr.Farooq Abdullah could go against the solemn pledge of upholding the sovereignty & integrity of the country and against the unanimous resolution of the Indian parliament about the legal & Constitutional claims on Pakistan Occupied Jammu & Kashmir (PoJK)?”

The Lok Sabha Secretariat in the RTI disclosure dated June, 7, 2019 has advised Sukesh to approach court of Law or police authorities for seeking action against Dr Farooq Abduallah for his alleged seditious statements against India in regard to the status of Pakistan Occupied Jammu & Kashmir (PoJK) and for violating oath of Indian constitution. It can be recalled that Farooq Abdullah while speaking to reporters on the sidelines of a function at his party headquarters in Srinagar on 11-11-2017 had said, “I tell them in plain terms not only to the Indians but also to the world – that POK belongs to Pakistan and this side to India. This won’t change. Let them fight as many wars as they want to. This won’t change”. Dr. Abdullah had also claimed that India betrayed Kashmiris. “India didn’t treat us well. India betrayed us. They didn’t recognize the love with which we chose to join them. That is the reason behind the current situation in Kashmir” he had said. RTI activist Sukesh contends that this in violation of section 124-A (sedition) of Ranbir Penal Code (RPC).

After his “Pok belongs to Pakistan” remark on 11-11-2017, National Conference Chief and Lok Sabha Member from Srinagar Dr. Farooq Abdullah on 15-11-2017 had said that Pakistan was “not weak to allow India to take that part of Jammu & Kashmir under its control”. Addressing party workers in Uri area of Baramulla District, the former Chief Minister said “How long shall we keep saying that (PoJK) is our part? It (PoJK) is not their father’s share. That (PoK) is Pakistan and this (J&K) is India”. He said that 70 years have “passed but they (India) could not get it (PoJK)”. “Today, they (India) claim it is our part. So take it (PoK) we are also saying please take it (from Pakistan). We will also see . They (Pakistan) are not weak and are not wearing bangles. They too have Atom Bomb” he said.

After the receipt of the reply to his RTI query from the Lok Sabha secretariat, Sukesh Khajuria in a press communique explained that Farooq Abdullah had violated the constitutional provisions of J&K Constitution. “Section 3 of the Constitution of Jammu and Kashmir says, “The State of Jammu and Kashmir is and shall be an integral part of the Union of India”. And Section 4 of the State Constitution says, “The territory of the State shall comprise all the territories which on the fifteenth day of August, 1947, were under the sovereignty or suzerainty of the Ruler of the State” (i.e., including the Pakistan- occupied/Administered area of Jammu & Kashmir). More over Section 48 of the Constitution reserves 24 seats in the Legislative Assembly for the representatives of people of the PoK. Dr Abdullah by issuing such statement has challenged the supremacy of Constitution of India and Constitution of Jammu & Kashmir which is fundamental to its existence.”, says the press communique.

It further says that, “On behalf of the people of India, both Houses of the Indian Parliament unanimously adopted a resolution on Feb 22, 1994, emphasizing, that the Jammu and Kashmir has been, is and shall be an integral Part of India, and that Pakistan must vacate the areas of the Indian State of Jammu & Kashmir, which they have occupied through aggression. Dr Abdullah by issuing such seditious statement has eroded the sanctity and credibility of Parliament as an institution and a pillar of democracy.”