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section 144 - Shanmugam IAS academy in coimbatore
section 144

LEADERS PLACED UNDER HOUSE ARREST

What’s in news?

An uneasy calm enveloped the Kashmir Valley on Sunday as additional security forces occupied civilian installations and police stations and were put in “standby mode.”

Key data’s:

  • National Conference vice-president Omar Abdullah and Peoples Democratic Party president Mehbooba Mufti were placed under house arrest because day had warned the Centre against abrogation of Article 35A and Article 370, which gives special status to J&K.
  • Congress leader Usman Majid and CPI(M) leader M.Y. Tarigami also said they were being detained.
  • Section 144 Cr.PC was imposed in Srinagar district from midnight 12:00 AM and will remain in force till further orders.
  • As per the provisions of the section 144, there shall be no movement of the public. All educational institutions shall remain closed.
  • There will be a complete bar on any kind of public meetings or rallies during the period of operation of this order. Identity cards of essential services officials will be treated as movement passes wherever required.
  • Gupkar Declaration – A joint statement mentioned that, Modification or abrogation of Article 35A or Article 370 would be aggression against the people of J&K.

Article 35A:

  • Article 35A is a unique provision included in the Indian constitution that bestowed Jammu and Kashmir Legislature a complete freedom to decide about the permanent residents of the State.
  • The issue of the definition of the permanent resident of J&K is at the heart of the controversy surrounding Article 35A. The 1956 Jammu and Kashmir Constitution actually defines a Permanent Resident as one who must be-
    • a citizen of India and a state subject on May 14, 1954 or
    • a resident of the state for ten years or
    • owns immovable property in the state.
  • Supporters of this arrangement say that it is necessary to protect the demographic profile of the state.
  • But its critics say that it goes against the spirit of oneness and equality of Indian citizenship.

Article 370:

  • Article 370 is the most controversial provision of the constitution of India. It deals exclusively with the state of Jammu and Kashmir.
  • This article has been the subject of controversy right since its inception. Some sections demand the abrogation of this article for a complete merger of J&K with the Union of India.
  • Article 370 is a temporary provision. The President of India can declare that Article 370 ceases to be operative or operates with exceptions and modifications. However, this can be done by the President only on the recommendation of the Constituent Assembly of the state of Jammu and Kashmir.

 

Links to note:

https://www.iasipstnpsc.in/jammu-and-kashmir-criminal-laws/

https://www.ndtv.com/india-news/omar-abdullah-placed-under-house-arrest-amid-turmoil-in-jammu-and-kashmir-2080246

https://www.thehindu.com/news/national/omar-abdullah-mehbooba-mufti-placed-under-house-arrest-section-144-imposed-in-srinagar/article28816384.ece

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