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Centre can impose governor's rule in Kashmir: Jethmalani

Former Union law minister Ram Jethmalani said on Tuesday that the Centre could impose governor's rule in Jammu & Kashmir without the state government's approval.

Jethmalani told rediff.com that the action could be taken under Article 92 of the Constitution of Jammu & Kashmir. "Article 92 corresponds with Article 356 in the Indian Constitution," he pointed out.

"If you read Article 92 along with Article 35(2) of the J&K Constitution," he explained, "you would know that the approval of the state government is not necessary."

Article 35(2) reads: 'All functions of the governor except those under sections 36, 38, and 92 shall be exercised by him only on the advisory of the Council of Ministers.'

Asked why Deputy Prime Minister Lal Kishenchand Advani had then stated that the Centre could not do anything in the matter without the state government's concurrence, Jethmalani said his attention had probably not been drawn to the enabling article.

He said his seven-member Kashmir Committee would visit Jammu & Kashmir for three days beginning August 16 and talk to various sections of the people and leaders of political parties, including the All-Parties Hurriyat Conference.

He said he had spoken to APHC chairman Abdul Gani Bhat, J&K Democratic Freedom Party chief Shabir Shah, and other leaders in the valley. "They have all welcomed our decision to have a citizens' committee on Kashmir."

Bhat, he said, had told him that the APHC welcomed the Kashmir Committee's move for talks, but was adamant on not participating in the election. "If governor's rule is imposed, however," Jethmalani argued, "it will encourage the Hurriyat leaders to think again." Besides, he said, it would lend credibility to the election even if the National Conference won.

Much would depend, the Rajya Sabha member continued, on what the prime minister says in his Independence Day speech. "I have sent a small note to the prime minister on this," he said. "I hope it finds some place in his speech."

Asked if he could succeed where Krishen Chandra Pant, the government's first interlocutor for Kashmir, had failed, Jethmalani was candid: "I don't know what the end result will be. We are making a sincere effort. People are keen to solve this problem. They are sick and tired of violence and killings."

He said Advani had told him that his committee could talk to whosoever it wanted if that would help its mission.

Jethmalani urged Chief Minister Farooq Abdullah to be "big-hearted" and step down if that helps bring peace to the strife-torn state. "We want people to learn a lesson from the Mizoram Accord," he said, recalling the 1985 pact between Prime Minister Rajiv Gandhi and Mizo National Front leader Laldenga. Under that accord, Mizoram's then Congress chief minister, Lalthanhawla, resigned and Laldenga was installed at the head of a new government before a fresh election to the state assembly. "This is one of the most beautiful examples of our peace accords," Jethmalani said.

Jammu and Kashmir Elections 2002: The complete coverage

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