Budget session – II: Clashes in J&K Assembly over 370, 35A, July 13 and December 5

The previous 1 part of the article can be accessed here, Part 1. This is the second part

No discussion on Article 370 for one year

Day 2: On March 4, the Legislative Assembly witnessed a significant development: Speaker Abdul Rahim Rather, himself a pledged NC man and an ardent believer in the concept of limited accession/ greater autonomy bordering on virtual sovereignty, ruled that Article 370/ issue of special status could not be discussed in the House for one year. Actually, he gave this ruling while rejecting four of the six amendments – discussion on Article 370, the 1987 rigging of Assembly elections in Kashmir (by NC and Congress), police/ CID verification process (services, passports etc) and abolition of PSA — moved by Sajad Lone to the LG’s address. The other two amendments included giving 12 LPG cylinders and 200 units of electricity free of cost to the people.

Rejecting the four amendments, the Speaker said that he did appreciate the concerns as expressed by Sajad Lone, but, at the same time, he had to go by the rules under which an issue which had been discussed in the House could not be debated again for a year. Quoting the rule, he said: “The issue was discussed in the form of a Resolution brought by the government in the first assembly session in November last year.” When Sajad Lone countered the Speaker’s justification, saying “there was no mention of Articles 370 and 35-A in the Resolution and that he will apologise if any such mention was found,” the Chair asserted, and very rightly, that “special status in the Indian Constitution means Articles 370 and 35-A.”

On the rejection of amendment seeking discussion on the 1987 election rigging, the Speaker said that “the issue dates back to 37 years and can’t be taken up for discussion now as per the rules which state that only issues of recent occurrence can be debated in the House.”

And, on the rejection of amendments seeking repeal of PSA and amendments to verification process, Abdul Rahim Rather said that “the issues fall under the jurisdiction of the Union Ministry of Home Affairs and, therefore, he can’t permit a discussion on them.” “Unless statehood is restored, this can’t be done,” the Speaker said.

Not satisfied with the Speaker’s ruling, the infuriated Sajad Lone staged a walkout from the Assembly. Staging walkout, Lone said: “There was no mention of Article 370 or August 5, 2019 events, or even J&K Reorganisation Act, 2019, in the Resolution passed by NC-led government in the last session. Your Resolution is like a marriage invitation card in which neither the name of the bride is written nor the name of the groom is mentioned.”[1]

“We are victims of police verification, and the rules are very stringent. I am myself a victim. Nobody should be punished for what their kin have done. We cannot keep quiet on these issues,” he also said. Significantly, Congress MLA, Nizamuddin Bhat, supported the argument of Sajad Lone that “police verification should be discussed and debated in the House.”[2]

Earlier, Sajad Lone had addressed a letter to the Speaker lodging his protest against the rejection of the amendments proposed by him.[3]

The rejection of amendments had so upset Sajad Lone that he cautioned that “if people’s aspirations were not addressed, they could snowball into a major problem.” Not just this, he also denounced the NC-led government, termed the LG’s address as an “attempt to normalise the events of August 5, 2019” and described it as a “love letter to the BJP.” “A clear message should go out from the House that what happened on August 5 was unjustified,” he also said while cautioning the House.[4]

Reacting to the walkout, Leader of Opposition (LoP) and BJP leader, Sunil Sharma, said that no Assembly in the country had the power to undo the verdict of Supreme Court on Article 370 abrogation. “Discussing Article 370 is foolishness as the Supreme Court has legitimised its abrogation. No Assembly in the country has the power to overturn the decision of the Parliament…His (Lone’s) love for Pakistan has resurfaced as his sasural (in-laws) are there…Lone is frustrated after barely winning the elections and is alone in the Assembly.”[5]

Sajad Lone is married to Asma Khan, daughter of the founder of the Jammu Kashmir Liberation Front (JKLF) Amanullah Khan. He was born in Astore district (Gilgit-Baltistan) of the princely State of J&K.

BJP, INC/NC on collision course

It was hoped that the Kashmir-based NC and Congress MLAs would respect the ruling of the Speaker on Article 370 and refrain from raking up this issue, but it was not to be. They again and again flouted the ruling. They, like other Kashmiri legislators, including Sajad Lone, upped the ante and criticised the Modi government for doing what it did on August 5, 2019. It all started the moment the Assembly started discussion on the Motion of Thanks on LG’s address, tabled by the Speaker.

The motion was moved by Mubarak Gul, Chief Whip of the NC, and it was seconded by Ghulam Ahmad Mir of the Congress. Speaking during the Motion of Thanks, Mubarak Gul called for restoration of statehood to J&K. He also demanded resumption of the Darbar move practice. “Restoration of statehood is our right,” he said. In an apparent reference to the BJP, the NC MLA also said that “those talking of trifurcation are enemies of J&K.”

Ghulam Ahmad Mir, also an AICC general secretary, during his address on the Motion of Thanks, urged the Prime Minister to honour his promise on statehood. He didn’t stop just here. He used the opportunity to accuse the Modi Government of not following due procedure of the Parliament business in abrogating special status of J&K. “Even as the Parliament has authority to bring amendments, the development of August 5, 2019 was unconstitutional as no due procedure was adopted for reorganisation of J&K State,” he said.[6]

The statements and observations of Ghulam Ahmad Mir didn’t go down well with the main Opposition BJP. Senior BJP leader and former minister Sham Lal Sharma countered his accusation by reminding the ruling alliance of the statement of NC patriarch Sheikh Muhammad Abdullah about Article 370 made in the 1981 budget session. “While responding to a resolution moved by one of the Congress MLAs Dharam Pal Sharma, he (Sheikh) stated that Article 370 as a temporary provision had lost its potency,” Sham Lal Sharma said. The BJP MLA also took exception to the statement of Ghulam Ahmad Mir that abrogation was done in an “illegal and unconstitutional manner.” In this regard, he said: “August 5 developments (in this case Bill and Resolution) were unanimously passed by the Parliament. But tell me, how did Article 35-A come into being?” he questioned. Obviously, the poser was aimed at the Congress and the NC.[7]

In addition, Sham Lal Sharma used the occasion to hail the Dogra Maharajas and expose the anti-Dogra attitude of the NC. “It was the NC which had launched `Quit Kashmir Movement’ against the most secular Maharaja Hari Singh. Maharaja Gulab Singh and General Zorawar Singh extended boundaries of J&K to Lahasa in Tibet. The Dogra rule was (the) best despite being a monarchy, but there is no mention of their achievements in school curriculum,” he said.[8]

The House also witnessed a war of words between the NC MLAs, including Ali Mohd Sagar, Mir Saifullah, Nazir Gurezi, Basheer Ahmad Veeri, Ghulam Mohiuddin Mir and Shamima Firdous, and the BJP MLAs, including Sunil Sharma, Surjit Singh Slathia and Vikram Randhawa, over the issues of Article 370, PSA, UAPA etc. While the NC MLAs expressed dissatisfaction over the abrogation of Article 370 and downgrading of the status of the region from state to Union Territory, the BJP MLAs defended with full force the actions of August 5, 2019. Sunil Sharma even reminded Omar Abdullah that he was part of the A B Vajpayee government, which had rejected the greater autonomy resolution passed by the government of Farooq Abdullah in 2000. Not only this, he also reminded that Javed Shah (once a prominent Ikhwan leader) was NC legislator in 2004 and Farooq Abdullah had addressed a joint rally with Ikhwan supremo Kuka Parrey.[9]

Conflict over holidays on July 13, December 5, demand

Day 3: The story of what happened in the assembly on March 5 was no different. The assembly again witnessed interruptions and verbal spars between the ruling NC and Congress/ other Kashmir-based MLAs belonging to the opposition parties and the BJP. The conflict this time in and outside the assembly was over the manner in which LoP Sunil Sharma dismissed the demand of Waheed ur Rehman Para seeking restoration of holiday on July 13.

In December 2020, the Manoj Sinha administration had cancelled the two existing public holidays on July 13 and December 5 and introduced a new one on the accession day (October 26) and this move had been hailed and celebrated by the Dogras and the internally-displaced Kashmiri Hindus.

The Kashmiri Muslims observe July 13, 1931 as “martyrs’ day” and December 5 as Sheikh Abdullah’s birth anniversary. In Jammu, the Dogras and the internally-displaced Kashmiri Hindus observe July 13 as a “Black Day”. That day, thousands of radical Kashmiri Islamists had – apart from targeting Hindus and attacking and burning down their houses and business establishments — attacked the Central Jail in Srinagar, where the trial of Abdul Qadeer, a butler to a British army officer, was going on. They wanted the government to release him. Fanatic Abdul Qadeer had been booked for anti-state/ anti-Dogra activities. He had left no stone unturned to provoke a revolt in Kashmir against the Dogra rule. The situation created by the anti-state/anti-Maharaja Hari Singh elements was such that the Maharaja’s law and order authorities had to act to bring the situation under control and free the jail from the virtual siege. The result was the death of twenty-one demonstrators. The Kashmiri Muslims and their leaders, besides separatists of all varieties, call those killed on July 13 as “martyrs”.

As for December 5 holiday, the bulk of Jammu’s population and an overwhelming majority of Kashmiri Hindus never ever enjoyed the holiday on the birth anniversary of Sheikh Abdullah, father and founder of NC. They used to dub his ideology as anti-India, anti-Dogra, anti-Hindu, regressive and oppressive.

What actually happened on March 5 inside and outside the House? Waheed-ur-Rehman Para put forth a demand seeking restoration of the holidays on July 13 and December 5 across J&K. “The martyrs of July 13 sacrificed their lives for democracy. It is because of them that we are here in this House today. July 13 is the most precious day in the history of J&K. It is against autocracy and democracy. No doubt they were Muslims, but they laid down their lives so that democracy dawned on the entire J&K…We should rise above political affiliations. I request the BJP members also to join us and let us all together pass a resolution declaring these two significant days as state holidays…Unless July 13 is declared as a public holiday to honour the Muslim martyrs of Kashmir, the BJP won’t be able to do any justice (with J&K). Their sacrifices were for democracy and for India,” he said.” Clearly, his aim was to taunt and humiliate the Jammu Dogras.

Waheed-ur-Rehman Para also pressed for “resolution on political prisoners” and demanded that “all the Kashmiri prisoners must be brought back to J&K.” “Government is using gun, UAPA, and jail to achieve peace in J&K,” he also said, and warned that the “government has put its foot on spring, when the foot is stepped up there will be situations (violent movements in Kashmir) like 2008, 2010, 2014 and 2016.”[10], [11]

The moment Waheed-ur-Rehman Para concluded his speech, Sunil Sharma stood up and objected to his demand. “They were not martyrs but traitors,” Sharma said. His intervention evoked widespread protests from the treasury benches as well as from Kashmir-based opposition parties. They demanded that the remarks be expunged from the records of the House.

“These remarks were humiliating and divisive and should be withdrawn or expunged from the records,” demanded the Congress MLA Nizamuddin Bhat. NC’s Nazir Ahmad Gurezi, CPIM’s Mohd Yousuf Tarigami, to mention only a few, all made common cause with Nizamuddin Bhat, who had also demanded setting up of a House panel charged with the responsibility of fighting for early statehood restoration.

Amid continuous slogan shouting between the treasury benches and BJP, Speaker Abdul Rahim Rather announced that the remarks of Sunil Sharma had been expunged from the records of the House. The result was that all the BJP MLAs, 28 in number, staged a walkout from the House. Later, MLA Sajad Lone demanded that the House must pass a resolution on the restoration of holidays on July 13 and on the birthday of Sheikh Muhammad Abdullah.[12]

Significantly, Sunil Sharma held his ground firmly, notwithstanding what his critics said inside the Assembly. Talking to reporters in the Assembly premises itself the same day, he, inter-alia, said: “Maharaja Hari Singh was a true democrat and a legitimate and liberal ruler of the erstwhile State of J&K. He gave us hospitals, schools, colleges, playgrounds and other life facilities and the so-called martyrs of July 13 who had revolted against him were traitors. Those killed on July 13 had set a Hindu area on fire first and then started resistance against Maharaja’s rule. These people were made martyrs by the Congress party, but under Narendra Modi rule they cannot be considered as martyrs.”[13]

Protests outside Assembly

The remarks of Sunil Sharma not only created a sort of furore inside the Assembly. They sparked an outrage outside the House as well. Mirwaiz Umar Farooq – whose Awami Action Committee was banned on March 12, 2025 by the Union Home Ministry for five years — condemned Sunil Sharma and his remarks. He took to the microblogging site ‘X’ to register his protest. He said: “Strongly condemn the outrageous remarks by a BJP member in assembly with regard to martyrs of July 13, who were killed in cold blood for standing up for the rights of the oppressed people of J&K. These martyrs revered by one and all in J&K are part of our collective memory of the great sacrifices rendered by the people of Kashmir for their rights, and any attempt to malign them will be firmly resisted.”[14]

PDP leader and Mehbooba Mufti’s daughter Iltija Mufti also didn’t lag behind. She, along with her supporters, held a protest demonstration in Srinagar against the BJP and Sunil Sharma. Leading the protest outside the party office in Srinagar, she, inter-alia, said: “The sacrifice of the 22 Kashmiris killed by the Dogra ruler’s forces in 1931 had ‘galvanised a political movement and consciousness’ in J&K…We will not accept any insult to our martyrs who fought against an oppressive, autocratic rule under the Maharaja…Attempts to erase our collective history and memory are unacceptable…They (BJP) cannot tell us who our heroes are. For the people of J&K, the martyrs of July 13 are our heroes for all time to come…All parties in the Assembly (need) to support the PDP’s resolution to restore this public holiday.”[15]

Deputy Chief Minister Surinder Kumar Chaudhary, who hails from Jammu province and who frequently changes parties, went several steps further to prove his loyalty to his new masters, Farooq Abdullah and Omar Abdullah. Denouncing the BJP, he, among other things, said: “Martyrs should be respected, no matter from which community they belong. They fought for upholding democracy, safeguarding the constitution and the rights of the people…The need (of the hour is) to honor those who made sacrifices for the people of J&K…” He, in addition, took a dig at BJP leaders and questioned what he called “their selective praise for the region’s past rulers.” “If these people love the Maharaja so much, why did the BJP abrogate Article 370 and 35-A granted by Maharaja Hari Singh (a white lie), and divide the erstwhile state of J&K into two Union Territories. Why don’t they speak about this?” he questioned. He also called the Dogra Maharajas dictators.[16]

Protests in Jammu

The remarks of Surinder Choudhary led to massive protests in Jammu province. Son of the last Maharaja of J&K, Maharaja Hari Singh, and Congress leader, Karan Singh, took an exception to what Choudhary said. The BJP, the Bharatiya Janata Yuva Morcha (BJYM), the Rashtriya Bajrang Dal (RBD), the Shiv Sena, the Dogra Front, the Yuva Rajput Sabha (YRS) and several other organisations held protests against Surinder Choudhary.

Demanding an apology from Choudhary for his comments, Karan Singh said: “How could a Maharaja have been elected back then? It was a different era. As for my father, he was a progressive and a visionary man who contributed greatly to the nation and the state with his reforms and institution-building…It is very unfortunate that he used such words for Maharaja Sahib.”

While the BJP protested in Jammu and Kathua districts, its youth wing BJYM activists took out a march in Kachi Chawani area of Jammu city, raising slogans and accusing Choudhary of betraying the Dogras by calling the Maharaja a “dictator” and those rebelled against him as “martyrs.” They also burned an effigy of Choudhary and demanded an apology for hurting the sentiments of the Dogra community. “We curse the Deputy Chief Minister, who himself is a Dogra, for calling those who rebelled against Maharaja Hari Singh Ji and triggered violence as martyrs. Not only that, he called the Maharaja a dictator. It is shameful,” BJYM’s J&K unit president Arun Prabhat said.

Led by its president Rakesh Kumar, the RBD activists also held protests in Jammu and burned Choudhary’s effigy. “Maharaja Hari Singh’s legacy is that of a reformer, educator, and visionary leader for the people of J&K. Calling him a dictator is an insult to the people of Jammu. We will not tolerate this,” Rakesh Kumar said.

Similar protests were held by the Shiv Sena, the Dogra Front, and other organisations in Jammu, Kathua, and Samba districts, demanding an apology. They also burnt effigies of the deputy chief minister.[17]

The YRS even blocked the ever-busy Tawi Bridge and burnt down his effigies. Such was the nature of protests against Surinder Choudhary that he tendered an unconditional apology at 11 a.m. on March 7. The YRS had asked the Deputy Chief Minister to tender an apology latest by 11 a.m. on March 7, failing which he would have to face serious consequences.[18]

What happened in the Assembly and outside between March 4 and 7 was not altogether unexpected. In fact, it was very much expected.

(To be continued)

Note:
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.

Reference: –

[1] Sajjad Lone Walks Out Of Jammu And Kashmir Assembly – Mar 4, 2025, Daily Excelsior

[2] Sajad Lone walks out over rejection of amendments on Article 370, police verification, 1987 rigging – Mar 4, 2025, Greater Kashmir

[3] Lone walks out of J&K assembly – Mar 5, 2025, The Hindustan Times

[4] If unaddressed, people’s aspirations to snowball into ‘major problem’: Sajad Lone – Mar 6, 2025, Greater Kashmir

[5] No assembly can undo SC decision on Article 370: Sunil Sharma – Mar 5, 2025, Kashmir Reader

[6] Sham retaliates NC-Cong allegation of undemocratically snatching J&K’s special status – Mar 5, 2025, Daily Excelsior

[7] Statehood, Article 370 echo during debate on LG’s Address – Mar 5, 2025, Greater Kashmir

[8] Sham retaliates NC-Cong allegation of undemocratically snatching J&K’s special status – Mar 5, 2025, Daily Excelsior

[9] NC, BJP legislators hurl allegations, counterclaims against each other – Mar 6, 2025, Daily Excelsior

[10] Uproar in India-occupied Kashmir’s legislature after BJP calls martyrs traitors – Mar 6, 2025, Dawn, Pakistan

[11] July 13 must be observed as holiday across J&K: MLA Waheed Parra in Assembly – Mar 5, 2025, The News Now

[12] Uproar in J&K assembly over Sunil Sharma’s martyrs’ day holiday remarks – Mar 5, 2025, Greater Kashmir

[13] Uproar in J&K House as BJP member calls July 13 martyrs traitors – Mar 5, 2025, Deccan Chronicle

[14] Uproar in J&K Assembly over July 13 ‘martyrs’ – Mar 5, 2025, The New Indian Express

[15] Won’t accept insult to martyrs, says Iltija Mufti on J&K Opposition Leader Sunil Sharma’s remarks in Assembly – Mar 6, 2025, Indian Express

[16] July 13 martyrs fought for democracy, constitution: Deputy CM Surinder Choudhary – Mar 5, 2025, Greater Kashmir

[17] BJP, other outfits protest in J-K over deputy CM terming Maharajas dictators – Mar 7, 2025, The Print

[18] Tender apology immediately or face severe consequences, YRS warns Deputy CM – Mar 8, 2025, Daily Jammu Jottings

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