An affidavit from the Jammu and Kashmir authorities defending the Union Territory’s reservation has kicked up a serious political row. Three months after it arrange a sub-committee to look at UT’s contentious 67 p.c reservation, the J&Okay authorities has requested the excessive court docket to dismiss a petition difficult the coverage.
The affidavit has kicked up a serious row within the state: as Opposition events skilled their weapons on the ruling Nationwide Convention authorities for defending a coverage they as soon as opposed, the latter went into injury management mode, calling its personal affidavit “gol mol (obscure)”.
Launched in April final yr by the Lieutenant Governor-led UT administration, the coverage amends Rule 4 of the Jammu and Kashmir Reservation Act of 2005 to extend reservation for reserved class within the state to 67 p.c from 43 p.c, with 3 p.c horizontal reservation to ex-servicemen. This has meant that solely 33 p.c was left for the final class of candidates – a change that has been vehemently opposed by numerous political events.
Within the petition difficult the coverage, the petitioners stated it was “ultravires to the Structure”.
In an affidavit submitted within the J&Okay Excessive Courtroom, Deputy Secretary Social Welfare stated “no proper, elementary, authorized or statutory has been violated” and that by not difficult the reservation granted to those communities inside the higher restrict of fifty%, the petitioners (have) affirmed that these courses are inadequately represented.
“That the writ petitioners earlier than this Hon’ble Courtroom haven’t challenged the reservations as much as 50% and have solely challenged the enhancement of reservation…By not difficult the reservation granted to those communities inside the higher restrict of fifty%, the petitioners (have) affirmed that these courses are inadequately represented,” the affidavit stated.
It added that topic to the achievement of the social take a look at for the breach of the 50 p.c ceiling, “it’s for the State to determine the requisite reservation to remedy the stated insufficient illustration of those courses”.
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“Take a look at for Breaching the 50% Ceiling will not be a ‘Geographical Take a look at’ however a ‘Social Take a look at’,” the affidavit stated.
The enhancement of reservation by the LG administration simply earlier than final yr’s common election snowballed into a serious controversy in Jammu and Kashmir. Whereas each the Nationwide Convention and the Peoples Democratic Celebration promised to evaluation the coverage of their election manifestos, the “disproportionate enhancement” in reserved seats prompted a rift inside the Nationwide Convention with its parliamentarian, Aga Ruhullah, attending the protests exterior chief minister Omar Abdullah’s Srinagar residence.
After the protests, Chief Minister Omar Abdullah fashioned a cupboard sub-committee to look at it and submit its report inside six months.
Quickly after the affidavit was filed, the Opposition took a dig on the Nationwide Convention authorities over it.
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“In an affidavit filed earlier than the J&Okay Excessive Courtroom yesterday by J & Okay Authorities within the case of Zahoor Ahmed Bhat and others vs UT of J&Okay, pertaining to reservations, J&Okay authorities has submitted that the petition is frivolous and sought its outright dismissal,” Peoples Convention President Sajad Lone posted on X. “Nowhere has the federal government talked about the formation of a sub-committee on reservations. This can be a authorized thriller. Appears the federal government will not be taking its personal committee severe sufficient to benefit a point out in its authorized affidavit”.
Peoples Democratic Celebration (PDP) youth president and legislator Waheed Para stated that the cupboard sub-committee fashioned by the federal government on reservations appears to be a façade.
“J&Okay authorities now defends a deeply flawed reservation coverage in court docket. The so-called Cupboard Committee was nothing however a façade to mislead the general public,” Para stated. “Now, they’re in search of to dismiss the writ petition as baseless one other blatant try and sabotage the way forward for meritorious college students in J&Okay”.
Now below hearth, the Nationwide Convention authorities rushed into injury management. Whereas the federal government introduced that the cupboard sub-committee would meet the delegations on Sunday, Social Welfare Minister Sakina Itoo, who heads the sub-committee addressed a press convention in south Kashmir.
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“Mein kehna chahti hun ki jo affidavit court docket mein pesh kiya gaya, woh gol mol hai. (I wish to say that the affidavit that has been submitted within the court docket is obscure. The way it was submitted is one other query,” Itoo stated with out elaborating on it. “As a social welfare minister and member of the (cupboard sub) committee, I’d say that the committee would submit its report in six months and that report could be carried out”.
The federal government will submit a recent affidavit within the court docket if wanted, she stated. However she additionally accused the Opposition of politicking over the difficulty.
“The federal government will do it and never hesitate. We’re honest,” she stated.
The Opposition, nonetheless, remained unconvinced, PDP’s Iltija Mufti calling Itoo’s press convention a “brazen contempt of court docket”. “We dwell in unusual instances. Apparently ‘Reality’ is acknowledged in entrance of the media whereas as what official affidavits replicate is mere hogwash. Authorized harakiri & brazen contempt of court docket,” she posted on X Saturday.