IAS Shah Faesal compares Article 35A to 'nikahnama', triggers yet another controversy

Jammu and Kashmir IAS officer Shah Faesal has triggered yet another controversy. This time he has compared Article 35A to marriage deed or ‘nikahnama’, saying “I would compare Article 35A to a marriage-deed/nikahnama. You repeal it and the relationship is over. Nothing will remain to be discussed afterwards.”

Nikah nama, an Islamic marriage contract, is a formal, binding contract which is considered an integral part of an Islamic marriage. The contract outlines the rights and responsibilities of groom and bride and also others involved in the marriage proceedings.

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JAMMU-KASHMIR’S ACCESSION TO INDIA

Shah Faesal also dismissed Jammu-Kashmir’s accession to India saying, “those who say Accession still stands forget that Accession was just like a Roka, because the Constitution had not come into force that time. Can Roka still bind two people together even after the marriage document is annulled?”

“We have been taught to respect every chapter, every clause, every word of the Constitution. But Article 370 and Article 35A are of particular importance for the people of Jammu and Kashmir state. It’s a promise that has to be kept,” he added.

Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir on October 26,1947, agreed to the accede to the Dominion of India, under the provisions of the Indian Independence Act, 1947. For doing this, Maharaja Hari Singh executed a legal document, the Instrument of Accession

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RENAMING OF MUGHALSARAI RAILWAY JUNCTION

Shah Faesal while speaking against the scrapping of the Article 35A, took a swipe at the ruling BJP government at the Centre and Mughalsarai junction being renamed as Deen Dayal Upadhyay, saying, “I have complete faith in the Constitution, in all its chapters, articles, clauses and appendices including Article 370 and Article 35A. Constitution is a covenant. It is not some Mughal Sarai railway station that we can paint it whatever way we want to.”

Uttar Pradesh's iconic railway station 'Mughalsarai Junction' was rechristened as 'Pt Deen Dayal Upadhyay' Junction on Sunday. BJP party president Amit Shah, Railway Minister Piyush Goyal and Uttar Pradesh Chief Minister Yogi Adityanath officially changed the name  of the station.

Meanwhile, the Supreme Court on Monday adjourned hearing petitions challenging the validity of Article 35A which empowers J&K state's legislature to define 'permanent residents' of the state and provide special rights to them. Supreme Court will be hearing the matter on August 27.

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Earlier on July 10, Shah Faesal made headlines after tweeting a letter from the Central Department of Personnel and Training (DOPT) which had initiated action against him for posting a tweet where he referred to India as 'Rapistan'.