Kashmir bureaucrat Shah Faesal, who is facing the prospect of disciplinary action for his repeated violation of rules governing the conduct of civil service, waded into yet another controversy on Sunday (5 August) after claiming that any attempts to repeal Article 35A of the Constitution would end Jammu and Kashmir's relationship with the rest of the country.
Faesa is currently on a sabbatical pursuing Edward S. Mason Mid-Career postgraduate course at the Harvard University,
The IAS officer, who is vociferous on social media, on Sunday compared Article 35A of the Constitution to a marriage deed or ‘nikahnama’. “You repeal it and the relationship is over. Nothing will remain to be discussed afterwards,” Faesal said.
He contended that the accession of Jammu and Kashmir to India took place before the Constitution had come into force.
"Yes and those who say Accession still stands forget that Accession was just like a Roka, because the Constitution had not come into force that time,” he said.
The Kashmiri officer also claimed that continuing the special Constitutional provisions in respect to Jammu and Kashmir did not pose any threat to the sovereignty and integrity of the country.
“Let's not confuse the issue. Sovereignty and integrity of India can't be challenged. Not at all. But the Constitution has kept some special provisions for J&K. It's a unique arrangement. It isn't a threat to India's integrity at all," he said.
Article 35A of the Indian Constitution empowers the Jammu and Kashmir state assembly to define “permanent residents” of the state and the ability to provide special rights and privileges to those permanent residents.
A three-judge constitutional bench of the Supreme Court (SC) is currently hearing a challenge regarding the constitutional validity of Article 35A, which among other things bars non-residents from purchasing land in the state.
Earlier last month, Jammu and Kashmir government initiated disciplinary action against Faesal after a tweet describing India a 'Rapistan'.
In a notice to Faesal, the General Administration Department said, "You have allegedly failed to maintain absolute honesty and integrity in the discharge of official duty and thus acted in a manner unbecoming of a public servant.”
Faesal responded to the disciplinary action by slamming the Government of India for initiating disciplinary action against him by claiming that it was a ‘sarcastic tweet’ against rape-culture in South Asia.
Speculations are rife that Faesal has already decided to plunge into electoral politics by joining the National Conference and is likely to be a party candidate in 2019 Lok Sabha elections. His critics allege that his provocative tweets are deliberately aimed at inviting disciplinary action and to help him set the stage for a political entry by playing the victimhood card.
Veteran television Journalist Barka Dutt’s tweet has added further credence to the speculation.