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July 2, 1984: Dismissal of Dr. Farooq Abdullah
BY: JAGMOHAN
While these consultations were in progress, Jagmohan took immediate administrative and political initiatives to prevent the situation from worsening. Additional forces were requisitioned and airlifted from Madhya Pradesh and Bihar. The local army commander flew to the airport in a helicopter to arrange for their deployment. There was an impressive show of strength in Srinagar, particularly in trouble-prone areas. Rounding up operations against pro-Khalistani and pro-Pakistani elements were set in motion. Anti-social elements were put behind bars and thus the sources of mischief were immobilized.
Simultaneously, the Governor called Maulvi Farooq to Raj Bhavan, informed him that Dr. Abdullah had lost his majority and expressed the hope that the Mirwaiz would cooperate in maintaining peace and communal harmony in the city. It is no secret that Maulvi Farooq's followers are present in considerable numbers in the trouble-prone areas and play a leading part in starting disturbances in Srinagar. This had its own effect."
The daily emphasized:
"The opposition leaders cannot afford to ignore the fact that the country will always give first priority to questions of national security, setting aside technicalities of constitutionalism."
The daily went on to say:
"Everyone who knows in detail the events since the beginning of this month is aware that but for Jagmohan's competent and perceptive handling of the situation during the critical phase, events could have taken a much more frightening turn. Even Dr. Farooq Abdullah has so far not said anything against the Governor because he knows fully the role that the Governor played. In private talks every section in Jammu & Kashmir appreciates the manner in which the Governor has conducted himself. The opposition parties, however, can derive political mileage only if they the Governor the focus of attack. But this is not a farsighted approach."
In a similar strain the magazine Link, in its issue dated July 15, 1984, pointed out:
"National security is the paramount issue in Jammu & Kashmir. Governor Jagmohan, by all accounts, acted in a manner which prevented a serious breakdown of law and order in this sensitive border region. This is an achievement which deserves unreserved acclaim. The opposition parties, in their anger, understandable no boubt, should not overlook the value of Governor's role in Jammu & Kashmir a State in the Indian Union; but it is not just any other State."
The magazine noted:
"Of late, religious fundamentalism has been forged by imperialism as a major instrument of destabilization of ancient societies. Forces of reaction and subversion have been conjuring up a scenario of convergence between Sikh and Muslim communalism with a view of cutting off Punjab and Kashmir from the rest of the country. The political task in Jammu & Kashmir is to defeat this conspiracy and frustrate these plans."
Referring to my role, the Link observed:
"Governor Jagmohan combined mobilization and display of force, as distinct from use of force, with fairness and reasonableness.
He kept open lines of communication with all those who mattered. He brought into play the elements of statesmanship and deft psychological handling during the first 24 hours of the changeover, thereby creating conditions in which heat and passion of the moment were dissolved and a sober approach was taken by all sides. But a Governor, even if he is as dynamic, fair and farsighted as Jagmohan, cannot be a substitute for political process which will determine the future course of events."
Foul Intentions: The Role of the Speaker
That Dr. Farooq Abdullah and his supporters intended to play foul became still more clear from the role that the Speaker, Wali Mohammad Itoo, played. As required under the anti-defection law of the Jammu and Kashmir State, the Speaker, on a complaint lodged by the National Conference Party, referred the case to the High Court to seek its decision on the status of the 123 MLAs in question. After hearing all the parties concerned, the Chief Justice, in his judgement of July 30, 1984, said: "I hold that the 12 MLAs have not incurred any disqualification within the meaning of Section 24-G of the representation of the People Act. The reference is answered accordingly."
The court made it clear that whip, if any, has to be with regard to policy and not with regard to leadership. It ruled that a legislator could not be said to have "given up the membership" of the party by refusing to support the leadership of the party.
When the Chief Justice was pronouncing his judgement, the Speaker made a crude attempt, against the provisions of the law, to withdraw the reference. In this connection, the Chief Justice ruled that "the High Court was a court of record treat the matter pending before it as withdrawn at the party's sweet will".
The Speaker went further and crossed all limits of propriety. In utter disregard of the provisions of the J&K Constitution, the provisions of the anti-defection law and the verdict of the High Court, he himself passed an order disqualifying all the 12 MLAs and declaring their seats vacant.
Constitutionally and morally, what could be worse than this? The Speaker, knowingly and intentionally, and, in collusion with Dr. Farooq Abdullah, passed a wholly illegal order. He did not show even the slightest sensitivity to the fact that he had himself made the reference to the High Court. Such were the principles and norms practiced by those who were shouting themselves hoarse about the democratic traditions and assailing my decision even when they knew it was as 'milk-pure' as it could be in the circumstances and nothing could be more appropriate-constitutionally, administratively and morally-than the imposition of Governor's Rule for a short period.
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