Koshur Samachar

Only Parliament or courts can scrap law, says Rather
*BJP’s adjournment motion on unemployment rejected
Sanjeev Pargal

JAMMU, Apr 9: For third consecutive day today, the Legislative Assembly was adjourned without transacting any business over protests by treasury benches seeking discussion on Waqf bill passed by the Parliament, a demand repeatedly rejected by Speaker Abdul Rahim Rather, who today said, it is either the Parliament or the courts which can scrap the law.

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The Speaker also rejected a no-confidence motion moved against him by three MLAs of People’s Conference, PDP and AIP saying as per the Rules, a 14-day notice has to be given for this while today is last working day of the House. He adjourned the Assembly sine die.
With budget session of the Legislature coming to an end, no business was transacted for third consecutive day today. Private Member’s Resolutions were listed on Monday and Wednesday while Tuesday was fixed for Private Member’s bills. Besides, the Question Hour and Call Attention Notices too couldn’t be taken up.
The Assembly worked calmly for only 15 minutes after being adjourned in the morning to facilitate Rather give his statement on Waqf bill as well as farewell speech on last day of the session.

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As the House met at 10 AM, there was uproar from the very beginning with treasury benches seeking discussion on Waqf bill and the Opposition BJP stoutly opposing the demand.

Former Speaker and NC MLA Mubarak Gul urged the Speaker to relax rules to allow debate on Waqf fill saying this is a sensitive issue.
In the meantime, BJP MLA Balwant Singh Mankotia drew attention of the Chair that he too has moved an adjournment motion to discuss issue of unemployment.
Rejecting the motion, Rather announced that the adjournment motion can be given only on matter of reject occurrence. This issue (the unemployment) is not a recent occurrence, he said.
As the Speaker tried to go ahead with business asking the MLAs to raise questions listed on their names, the NC MLAs tried to troop into Well of the House shouting ‘We Want Discussion’ and ‘Kala Kanoon Waapis Lo (take back black law)’ while the BJP countered with ‘No Scope, No Scope’. PDP MLA Fayyaz Mir was seen having heated exchanges with the NC legislators from his seat.
Another NC MLA and former Deputy Speaker Nazir Gurezi called upon the Speaker to use his discretionary powers and facilitate discussion on Waqf bills.
“Injustice has been done with Muslims. The BJP is enacting drama. They ruled Jammu and Kashmir for 10 years and gave not much employment but today they have moved an adjournment motion on unemployment. They have spoiled the State and snatched our land and minerals,’’ Gurezi said.
The BJP MLAs tried to stage dharna near Well of the House shouting ‘Dramebaazi Bandh Karo, Bandh Karo (Stop enacting the drama)’.
Amidst uproar, the Speaker adjourned the House at 10.11 AM i.e. within 11 minutes of the proceedings till 1 PM.
Ruling party MLAs didn’t disrupt the Speaker’s speech when the Assembly proceedings resumed at 1.10 PM but after 15 minutes again tried to march towards the Well in favour of their demand.
Former Law Minister and NC MLA Saifullah Mir requested the Speaker to allow discussion on Waqf bill saying the issue is not sub judice.
However, amidst sloganeering, Rather adjourned the House sine die. Today was last day of the budget session.
In his farewell speech, Rather touched the issue of Waqf bill elaborately saying he has to go by the Rule book as his role was confined.
“I quoted the Rules which clearly say that the adjournment motion can’t be admitted on the subject which is sub judice and primarily is not concern of the Government. Concern of the Government means that it is not domain of the Government,’’ he said, adding the adjournment motion is an extreme step when there is lapse on part of the Government which has to give reply and suggest solution.
Asserting his opinion is clear that the issue is not under the State (UT) Government’s domain, Rather said either the Parliament or the court can scrap the bills and he has learnt that 12 petitions have already been filed in the Supreme Court and some persons from Jammu and Kashmir are also going to approach the court of law.
“With House not working for three days, a message had gone that there is resentment in the House as well as outside,’’ he added.
Responding to no-confidence motion moved against him by three MLAs of PC, PDP and AIP, the Speaker said the motion has been moved under Rules 215 A which doesn’t exist at all.
“I presumed that it will be Rule 251. But the motion has to be in order and the Speaker has to fix a time of 14 days after receiving the notice while the House is being adjourned today sine die,’’ he said adding “it, therefore, can’t be proceeded with.”
He said budget session of Jammu and Kashmir lasted 21 days as against 16 days of Himachal Pradesh, 12 days of Haryana, five days of Delhi, seven days of Punjab, three days of Goa, 22 days of Gujarat and 10 days of Uttar Pradesh.
The Speaker lauded the contribution of the members in the smooth conduct of the 21-day-long budget session and said it was the second longest in the country this year.
A total of 1,355 questions were received; 154 main questions were taken up during this session while their 353 supplementary queries were answered, he said, adding 1,738 Cut Motions were also received and 1,731 were taken up for the discussions.
Rather said three Government Bills were received and subsequently passed by the House while 33 Private Members’ Bills were also received and listed for the business.
The Speaker informed the House that 78 Calling Attention Motions were received by the Assembly Secretariat, out of which 23 were listed for the business and 34 were disallowed.
He also informed that 109 Resolutions were received during the session, out of which 85 were admitted and 14 were listed for business. The Speaker said more than 39 hours were utilized during the Budget Session.
In the morning, the NC legislators and their alliance partners met in the assembly complex in a bid to end the logjam but the meeting — second within 17 hours — failed to bring order in the House.
The legislators had also met on Tuesday evening.
Meanwhile, the National Conference will move the Supreme Court to file a writ petition against the Waqf Amendment Act, party’s chief spokesperson and legislator Tanvir Sadiq said.
“On the direction of party president Dr Farooq Abdullah, the NC will file a writ petition in the Supreme Court. This legal battle will now be fought there,” Sadiq told reporters outside Assembly.
He said the NC believes that this Act represents a constitutionally “alarming interference” in the religious affairs of the Muslim community.
“It (the Act) violates fundamental constitutional protections under Articles 14, 15, 21, 25, 26, 29, and 300A, and it is a direct attack on the religious freedom, equality, and property rights of Muslims across the country,” the NC leader said.

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