Stockholm, Sweden: Kashmir Solidarity Day has been observed all over the six continents of the world. In Europe one such event took place in Stockh
New Delhi: December 8, 2015. (PCP) Prof.Bhim Singh, Sr. Advocate today mentioned before the Supreme Court Bench headed by Chief Justice of India, Shri T.S. Thakur, a 35-year-old matter pending before the Supreme Court since 2002 challenging the validity of the Resettlement Act, J&K which guaranteed right to return to the Pakistani nationals to J&K. This law was enacted in J&K in 2001 when Sheikh Mohd. Abdullah was the Chief Minister in J&K. The Act provided that all those State Subjects who migrated from J&K to Pakistan in 1947 has right to return and claim all their properties including houses and land which they left in J&K in 1947 and voluntarily migrated to Pakistan. Sheikh Mohd. Abdullah passed a Law with the help of the Congress in 1981. The Law was challenged by J&K National Panthers Party in 1982 before the Supreme Court of India.
The Supreme Court of India admitted the writ petition under Article 32 of the Constitution of India filed by J&K National Panthers Party challenging the validity of the Law. The Supreme Court admitted the writ petition of JKNPP in 1982 and stayed the implementation of the Law. Shri Ram Jethmalani, Sr. Advocate appeared for J&K Govt. whereas the Union of India did not oppose the J&K Govt.
Prof. Bhim Singh persuade this matter from the Supreme Court to the Rashtrapati Bhawan when the matter was referred for President’s opinion in 1983 by the Govt. of India. The President of India in 1983 rejected the reference on the ground that the Bill had become an Act under the provisions of the Constitution of J&K and the President of India returned the Resettlement Act to the Union of India unheard as the matter had become infructuous etc.
Prof. Bhim Singh filed writ petition in the Supreme Court which was opposed by the Govt. of J&K and the Govt. of India. The Supreme Court stayed the operation of the Resettlement Act after hearing Prof. Bhim Singh at length. Shri Ram Jethmalani supported the Govt. of J&K at that time.
Prof. Bhim Singh had pleaded that the dangerous consequences shall flow if such a Law is implemented which permits all those who migrated to Pakistan in 1947 (during partition of India). They were entitled to return and claim their properties. The Law made by Govt. of J&K headed by Sheikh Mohd. Abdullah, which was supported by the Congress party (with seven MLAs only including Prof. Bhim Singh). Prof. Bhim Singh revolted against the Congress, resigned from the Congress Party and the Assembly to plead for the cause of the people of J&K. His main thrust has been that the Law made by J&K Assembly has granted right to return to the descendants of those who had migrated voluntarily from J&K to Pakistan in 1947. His assertion that those born in Pakistan, educated and trained militarily in Pakistan could not be granted right to return to J&K. In that case, he argued before the Supreme Court there shall be anarchy and chaos in the entire country if the Pakistani Army trained boys born in Pakistan were allowed to return to J&K and settle there. The Supreme Court accepted the plea raised by Prof.Bhim Singh, Advocate, Ex-MLA & President of the newly formed J&K Panthers Party. Prof.Bhim Singh resigned his seat and his membership from the Congress as well.
Prof. Bhim Singh has been supported by several senior advocates in the Supreme Court. He said that Mr. K. Venugopal, Sr. Advocate has been supporting this petition inside the Supreme Court.
This case was adjourned in August 2014 by a Division Bench headed by Justice T.S. Thakur. The court had directed that case shall be heard at the earliest.
Prof. Bhim Singh, Sr. Advocate mentioned to the Chief Justice, Mr. T.S. Thakur this morning urging the court to hear the matter once for all to end uncertainty and chaos in J&K which has emerged because of the uncertainty generated by this Act at the behest of foreign powers. Chief Justice, Mr. T.S. Thakur advised Prof.Bhim Singh to mention the matter immediately after winter vacation in January. Prof.Bhim Singh said that this is the, perhaps the oldest case pending before the Supreme Court of India for nearly 33 years. The Chief Justice assured Prof.Bhim Singh that his request shall be considered after the vacation.
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"Trial of Pakistani Christian Nation" By Nazir S Bhatti
On demand of our readers, I have decided to release E-Book version of "Trial of Pakistani Christian Nation" on website of PCP which can also be viewed on website of Pakistan Christian Congress www.pakistanchristiancongress.org . You can read chapter wise by clicking tab on left handside of PDF format of E-Book.