Article 370, 1987 Rigging, Police Verification, and Kashmiri Detainees Repatriation Spark Uproar in J&K Assembly

New Delhi: The Jammu and Kashmir Assembly witnessed high-voltage drama on Tuesday as discussions over Article 370, a probe into the rigging of the 1987 election, stringent police verification rules, and the repatriation of Kashmiri detainees from jails outside the Union Territory took center stage.

The session turned contentious when Peoples Conference president and MLA Handwara, Sajad Gani Lone, staged a dramatic walkout after his proposed amendments were disallowed.

Also Read: PM Modi Inaugurates Animal Rescue and Rehabilitation Centre in Anant Ambani's Vantara in Gujarat

As soon as the question hour concluded, Lone took the floor and confronted Speaker, Abdul Rahim Rather, over the rejection of his amendments. He accused the government of deliberately avoiding a debate on Article 370, alleging that the issue was being systematically erased from the Assembly’s discourse.

“The last resolution did not mention Article 370, and now the LG’s address follows the same trend. Why this silence?” Lone questioned.

He also lashed out at the current police verification process, calling it harsh and discriminatory. “We are victims of this system. I have suffered due to these rules. No one should be punished for the actions of their relatives,” he said.

His concerns found support from Congress MLA Nizamuddin Bhat, who backed the demand for an open debate on the verification process and the repeal of the Public Safety Act (PSA).

Lone further pointed out that the LG’s address did not mention shifting back Kashmiri detainees lodged in prisons outside J&K. He insisted that the issue should be prioritized and debated in the Assembly.

Also Read: Bombay HC Stays Special Order Directing Ex-SEBI Chief Madhabi Buch & 5 Others

However, Speaker Abdul Rahim Rather defended the decision to reject Lone’s amendments, citing the Rules of Procedure and Conduct of Business in the House.

Rather added that matters like Article 370 and PSA fall under the jurisdiction of the Ministry of Home Affairs and cannot be debated until J&K regains statehood.

Dissatisfied with the response, Lone staged a walkout, calling the decision “undemocratic” and accusing the government of suppressing key concerns of the people of J&K. His exit triggered strong reactions from opposition members, adding to the charged atmosphere in the House.

In January this year, Lone filed a Public Interest Litigation (PIL) in the High Court, challenging the alleged misuse of police verification to deny passports, government jobs, and other essential rights based on family background.

The PIL, filed through Advocate Syed Sajad Geelani, seeks strict enforcement of the Jammu and Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, along with amendments introduced in 2021 and 2024 that mandate clear timelines for police verifications.

Meanwhile, Chief Minister Omar Abdullah has also called for reforms in the verification process. While acknowledging that the issue does not fall directly under his purview under the current governance framework, Abdullah had stated that he had taken up the matter with relevant authorities, including the CID chief, to ease verification formalities.

In August 2019, following the abrogation of Article 370 Vice President of the Jammu and Kashmir National Conference and Chief Minister, Omar Abdullah, was placed under preventive detention by the Indian government under Section 107 of the Criminal Procedure Code. After six months, his detention was extended under the Public Safety Act (PSA).

In response, Abdullah’s sister, Sara Abdullah, filed a writ petition in the Supreme Court challenging his detention, labeling it as “wholly antithetical to a democratic polity and undermines the Indian Constitution”.

The Supreme Court issued a notice to the Jammu and Kashmir administration, and Abdullah was subsequently released from detention in March 2020.